The free movement of persons in all African countries may no longer be a dream, but a reality in the near future. The African Union recently invited Professor Vincent Chetail, Director of the Global Migration Centre, to an expert meeting for drafting a treaty establishing free movement in Africa. He explains more.

Since when has the African Union been promoting the free movement of persons in Africa?

Africa has a long history of hospitality. Free movement is also an integral part of the regional integration process in Africa. Since the end of the 1970s, many subregional economic communities have been established in order to facilitate free movement of persons, goods and capital. The Economic Community of West African States (ECOWAS) is the most well-known example. But there are many others, such as the Common Market for Eastern and Southern Africa (COMESA), the Southern African Development Community (SADC) or the Economic Community of Central African States (ECCAS).

At the continental level, this “Protocol on the Free Movement of Persons in Africa” is truly unique. Yet the idea of concluding such a treaty is not new in itself. It was already endorsed in 1991 as a long-term objective of the Abuja Treaty establishing the African Economic Community. It is now a reality: the draft Protocol is ready and, last week, it was submitted to the 55 Member States of the African Union.

What are the main principles, characteristics and originalities of this treaty?

Interestingly, the idea was not to replicate what has been done in other regions of the world. The rationale was instead to draft a truly new treaty that would correspond to the needs and aspirations of the African Union. Drafting a free movement treaty from scratch was thus a unique opportunity.

Both in pith and substance, the draft Protocol is more progressive and forward-looking than many other instruments in this field. It is not only bound to facilitate entry, residence and establishment of all nationals of African Union Member States. It also governs many other key issues, including an African passport, the principle of non-discrimination, the mutual recognition of academic and professional qualifications, the protection of property rights and the portability of social security benefits.

Now that the draft Protocol is ready, what are the next steps?

When adopted, the Protocol will be the most important treaty on free movement in the world. Indeed it is virtually applicable to more than one billion persons across the continent.

But, for the time being, the draft Protocol is in the hands of Member States. It is now for them to share their views and negotiate the final version. Then the Protocol is to be adopted by Heads of States in January 2018. Of course, States Parties will have to adopt several legislative and administrative measures to make sure that its provisions will be duly applied in practice.

What will you remember of this unique experience?

Needless to say that it was indeed a great experience. To have the chance to draft a treaty is quite exceptional in a career as a law professor. But more importantly, sharing my expertise to do something real and concrete for the African peoples was really rewarding. Contrary to what is sometimes argued in Europe, the free movement of persons is an influential tool for promoting development, peace and solidarity.

Africa is aware of the numerous benefits of free movement and its importance for deepening continental integration. One African Union official told me during the drafting of the Protocol that this new treaty is meant to materialise the Pan-Africanist dream.

On my flight back to Europe, I had the impression that I had brought my modest contribution to the Pan-Africanist dream of Marcus Garvey. This pioneer African thinker famously said: “Great principles, great ideals know no nationality.”