Doctor Legum - LLD / Regional integration has been part of Africa’s overarching strategy for economic
transformation. To further enhance sustainable development and economic growth, in the
African continent intra-regional trade is equally as important as international trade.
Therefore, African countries are faced with the daunting task of adopting comprehensive and
well-structured measures to ensure the movement of goods and people across borders are
seamless and unrestrictive. Free movement of persons in particular is one of the core tenets of
regional integration, building towards a common market. To that effect, the African Union
(AU) based on Agenda 2063 has agreed on a Continental Free Trade Area and a Protocol on
Movement of Persons indicating a commitment of attaining a single market where goods,
persons and services can move freely across national borders. With the Southern African
Development Community (SADC) being a Regional Economic Community (REC)
recognised under the AU, this thesis seeks to argue for deeper integration by ensuring the
movement of persons in the SADC is regulated beyond the scope that is recognised
internationally under the International laws influencing the movement of persons. Also, this
thesis argues for amendment of certain provisions in the SADC Protocol on the Facilitation of
the Movement of Persons to further facilitate intra-regional trade.
The SADC operates to an extent as a Free Trade Area (FTA) where goods are traded duty
free across borders and the intention is to go higher up the integration ladder to become a
Common Market by 2015 and an Economic Union with a Single Currency by 2018. Targets
which has not been met to date. Article 5(2) (d) and Article 23 of the SADC Trade Protocol
realises the significance of policy development in promoting free movement of people and
services within the SADC region. To facilitate the movement of people, the SADC drafted a
Protocol on the Free Movement of People in 1995. This Protocol never materialised and it
was subsequently replaced by a Protocol on Facilitation on Movement of People which is
limited in scope and is not yet operational as ratification by two third majority of Member
States has not occurred. In 2012, a Protocol on Trade in Services which also within a limited
scope influences the movement of persons in the region was also concluded but is not yet
ratified by Member States of the SADC. The absence of a single consistent and
comprehensive framework makes people vulnerable to informal practices at the border. Thus,
the issue of ensuring free movement of people between SADC Member States still remains
debatable and unresolved.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:uwc/oai:etd.uwc.ac.za:11394/7133 |
| Date | January 2019 |
| Creators | Amadi, Victor Tamunoseipiriala |
| Contributors | Lenaghan, Patricia |
| Publisher | University of the Western Cape |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Rights | University of the Western Cape |
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