Rising Immigration Costs and Restrictions

Earlier in April, CNN and Kenyan Journalist Larry Madowo bemoaned a $215 charge for a 1-month single entry visa into Nigeria for the third time in 2024 comprising of a $20 processing fee and $170 for biometrics. This was barely six years since the African Union signed the African Union Free Movement of Persons Protocol as a parallel initiative of the African Continental Free Trade Area (AfCFTA) Agreement to ease cross-border trade barriers for Africans. Nigeria is among other nations that have seen hikes in visa processing fees for African travelers in the recent past even as calls for a borderless Africa continue to gain prominence.

The establishment of the AfCFTA offers a critical mechanism for the integration of African countries with free movement being an essential part of delivering that gain. Targeting a population of 1.3 billion people and a combined GDP of US$3.4 trillion, establishing regional value chains, enabling investment, and job creation largely depends on the free movement of goods and labor. While the agreement and regional blocs are facilitating the movement of goods, the challenge remains in the commitment of member states to actualize the free movement of labor across borders.

The Free Movement of Persons Protocol

The protocol established mechanisms for the implementation of the Treaty that established the African Economic Community providing for the progressive implementation of the free movement of persons, the right of residence, and the right of establishment within the continent. So far, the protocol has been signed by only 32 African countries and ratified by Rwanda, Niger, Sao Tome and Principe, and Mali although the protocol requires a minimum of 15 ratifications to come into effect. This raises questions on whether African nations remain committed to facilitating incremental intra-Africa trade and investment, creation and promotion of employment opportunities, and enhanced labor mobility for better living standards outcomes.

“It is worrying that similar predetermined biases on African migrants elsewhere in the world are replicated internally within the continent.”

Designed to be implemented in three phases – liberalizing the right of entry, the right of residence, and the right of establishment- the progress of the protocol is at best disappointing. Put into perspective, the ratification element does not equal visa openness either considering that Rwanda, a ratified member allows free visa entry for all Africans while Sao Tome and Principe still require visas from 46 African nations. It is very worrying that most of the top-ranking states on the African Visa Openness Index are yet to ratify the protocol derailing any progress toward liberalizing the labor movement in Africa with The Gambia, Seychelles, and Benin missing.

Characterizing the Hesitancy

Madowo’s Stamped entry visa to Nigeria. Photo| @LarryMadowo on X

Most likely, the hesitancy stems from the fear among member states that the protocol would take effect suddenly as soon as the attainment of 15 out of 55 member states happened. This has been linked to national security and poor and insufficient management of borders compounding the loss of control over national migration policy among member states. However, only the first of the three phases would immediately come into force and only for the countries that would have ratified it. The protocol has also established provisions for countries to suspend their operations if underlying concerns would be hard to deal with through normal immigration procedures.

The challenge for signing and ratification of the protocol could further be associated with the misunderstanding of the underlined country obligations and the timing of the implementation. It may be argued that the perception of the “free movement” of people refers to immigration outside of the laws of the host nations which has for decades limited liberal thinking among Africans. Understanding that the provisions do not translate to the unregulated free movement of people across borders would be critical in enhancing its ratifications and implementation. It is worrying that similar predetermined biases on African migrants elsewhere in the world are replicated internally within the continent.

Further, there is the possibility that political and social narratives are complicating the acceptance of the protocol around employment for nationals, security concerns, and the influx of criminal activities especially among the more developed nations. Concerns about influxes of low-skilled migrants from poorer nations seem to characterize the reluctance of richer countries to ratify the protocol. Compounded with inadequacies around population registration, passporting, exchange of criminal intelligence, and extradition arrangements, the success of the AU initiative is far from fruition. This raises the need for systematic implementation and capacity building around the protocol to quell any unnecessary fears from a seemingly over-ambitious plan.

However, the protocol provides for ratified states to express reservations about certain elements of the agreement and the freedom to add procedures on certain categories of migrants. In addition, the protocol can be suspended with member states being allowed to withdraw altogether in case of continued disenfranchisement. Further, a close look at the differentiations between visa-free entry for short-term travelers and the right to longer-term stays, employment, and residence characterizes the hesitance by states as unnecessary. While the protocol has possibilities for inadequacies, the protocol provides a necessary departure point for well-meaning stages to consider its ratification and implementation to release labor to benefit from Africa’s economic promise.

Supporting Regional Blocs

Free movement across borders is an existing initiative across regional blocs in the region with some already having lifted restrictions. The full implementation of the AU initiative would therefore harmonize regional initiatives into a continental platform with the East African Community and the Economic Community of Western African States well on course to adopt regional passports. The EAC initiative has for instance seen Kenya, Uganda, and Rwanda authorize free movement of citizens without visa requirements although Tanzania and Burundi are still reluctant. The AU initiative can therefore leverage existing regional initiatives with greater geographical proximity and cultural familiarity to actualize the aspiration of the continental goal.

The 15-member ratification threshold notwithstanding, a group of countries in regional blocs with existing close relationships and mutual understanding can form an implementation basis for the protocol. While processes at the continental level are necessary, mechanisms for documentation, common standards, cultural exchange programs, and procedures for undesirable migrants out to be discussed. It is also not lost on African states on the need to tie immigration to trade and investment benefits as opposed to characterizing it as a consequence of political and socioeconomic challenges.