The Pan-African Parliament Should Be Resourced to Fast-track the Ratification of the Protocol on Free Movement of Persons

The Protocol on Free Movement of Persons in Africa, adopted by the African Union (AU) in 2018, represents a landmark step toward realizing the vision of a more integrated and united continent. This protocol aims to eliminate barriers to the movement of people, goods, and services across African borders, thereby fostering economic growth, cultural exchange, and political cooperation. However, the success of this initiative largely depends on the ratification and implementation of the protocol by individual Member States. Here, the Pan-African Parliament (PAP), if properly funded, can play a crucial role in advocating for and accelerating the ratification process, ensuring that the protocol becomes a reality across the continent.

Understanding the Ratification Process

The ratification of AU legal instruments by Member States is a crucial step in ensuring that these agreements become legally binding and effective across the continent. However, the process is often slow and uneven due to various political, legal, and administrative challenges. Strengthening the capacity of Member States, through their elected representatives, to ratify and implement these instruments, along with sustained advocacy and monitoring by AU organs, particularly PAP, is essential to advancing the goals of continental integration and development.

Here’s an overview of how these instruments are ratified:

1.     Drafting and Negotiation: AU legal instruments are typically developed through drafting and negotiation, involving consultations with Member States, experts, and relevant stakeholders. These instruments may take the form of treaties, protocols, conventions, or other binding agreements.

2.     Adoption: Once the text of a legal instrument is finalized, it is presented for adoption at an AU Summit. The AU Assembly, consisting of the Heads of State and Government of all Member States, must adopt the instrument. Adoption signifies that the Member States agree with the content and objectives of the instrument but does not yet make it legally binding.

3.     Signature: After the adoption of a legal instrument by the AU, it is opened for signature by Member States. Signing indicates a state's initial consent to the instrument and its intention to pursue ratification. However, signing alone does not legally bind the state to the instrument’s provisions.

4.     National Ratification: After a Member State signs the AU legal instrument, it must be submitted to the appropriate national authorities for ratification. This usually involves the executive branch (the President or Prime Minister) submitting the instrument to the national parliament or legislature.

5.     Legislative Approval: The legal instrument is reviewed by the national parliament or legislature. This may involve debates, committee reviews, and consultations. The legislature must pass a resolution or enact legislation to ratify the instrument, thereby making it legally binding within that country.

6.     Formal Ratification: In some cases, following parliamentary approval, the head of state must formally ratify the instrument through an executive decree or proclamation.

7.     Notification to the AU: Once the national ratification process is complete, the Member State must formally notify the African Union by depositing the "instrument of ratification" with the AU Commission. This document indicates that the state has completed all necessary domestic procedures and consents to be legally bound by the instrument.

8.     Entry into Force: Many AU legal instruments specify conditions for their entry into force. Typically, the instrument will only become legally binding after a certain number of Member States have ratified it.

9.     Implementation: Once the required number of ratifications is reached, the AU Commission issues a notification stating that the instrument has entered into force. From this point onward, the instrument is legally binding on all states that have ratified it.

The Protocol on Free Movement of Persons: A Cornerstone of Integration

Adopted in 2018, the Protocol on Free Movement of Persons, Right of Residence, and Right of Establishment is part of the broader AU Agenda 2063, which envisions "an integrated, prosperous, and peaceful Africa." The protocol seeks to establish a continent-wide framework that allows for the free movement of African citizens within AU Member States. It envisions a continent where Africans can travel, live, and work freely across Member States, contributing to the socio-economic development of the continent. The protocol is closely linked to the African Continental Free Trade Area (AfCFTA), as the free movement of persons is seen as essential to the success of a unified African market.

Despite its significance, the protocol has been slow to gain the necessary ratifications to come into force. As of now, only a limited number of AU Member States have ratified the protocol, which requires 15 ratifications to become effective. This slow pace highlights the challenges in achieving consensus on issues of national sovereignty, security, and economic disparities among Member States. Of the 15 ratifications required, only four countries—Mali, Niger, Rwanda, and Sao Tome and Principe—have ratified and deposited their instruments of ratification with the AU. Although 32 Member States have signed the protocol, none of Africa’s populous countries with large economies, such as Nigeria, Egypt, Ethiopia, and South Africa, have signed or ratified the protocol. This leaves much to be desired given their respective leadership roles in the transformation of the Organization of African Unity (OAU) into the African Union.

African Union Passport

The African Union Passport, introduced in 2016, is a key instrument to implement the Protocol on Free Movement of Persons. The passport is intended to eventually replace the national passports of AU Member States, allowing for visa-free travel across the continent. Two types of AU passports have been issued so far: one for diplomats and AU officials, and another for ordinary citizens, though the latter is not yet widely available. The AU Passport is envisioned as a practical tool to realize the goals of the Protocol on Free Movement of Persons. Full implementation of the protocol, along with widespread issuance of the AU passport, would mean that African citizens could travel, work, and live anywhere in Africa without the bureaucratic hurdles currently imposed by national visa regimes.

The Pan-African Parliament's Mandate

Given its broad mandate, the Pan-African Parliament, is well-positioned to play a key role in advancing the ratification of not only the Protocol on Free Movement of Persons but other AU Legal Instruments if properly resourced.

As noted earlier, the legal instrument is reviewed by the national parliament or legislature, which must pass a resolution or enact legislation to ratify the instrument, thereby making it legally binding within that country. Under the current PAP Protocol, members of the Pan-African Parliament are elected from the members of national parliaments, underscoring the crucial role of PAP in this process.

Advocacy and Awareness

One of the primary roles that PAP can play in facilitating the ratification of the protocol is advocacy. The Parliament is in a unique position to engage with Member States' national parliaments, governments, and civil societies to raise awareness about the benefits of the protocol and address concerns that may hinder its ratification. By organizing workshops, seminars, and debates, PAP can help to clarify the protocol's provisions and its potential impact on national security, economies, and social structures.

Moreover, PAP can leverage its platform to communicate the broader vision of an integrated Africa, emphasizing how the free movement of persons aligns with the goals of regional economic communities (RECs) and continental bodies. Through these efforts, PAP can help build a consensus among Member States on the importance of ratifying the protocol.

Legislative Harmonization

Another critical role of PAP is to facilitate the harmonization of national laws with the provisions of the protocol. For the protocol to be effectively implemented, Member States must align their domestic legal frameworks with its requirements. PAP, in collaboration with national parliaments, can work to identify legal barriers and inconsistencies that may impede the free movement of persons and suggest legislative amendments to address these issues. By promoting legislative harmonization, PAP ensures that the protocol's principles are uniformly applied across the continent, reducing the risk of discrepancies that could undermine the effectiveness of the free movement framework.

Addressing Concerns and Building Trust

The slow pace of ratification is partly due to concerns among Member States regarding security, sovereignty, and economic implications. PAP can play a vital role in addressing these concerns by facilitating dialogue between Member States, experts, and relevant stakeholders. Through its committees and plenary sessions, PAP can provide a forum where these issues can be openly discussed, and solutions can be proposed. For example, in regions where security is a significant concern, PAP can advocate for complementary measures, such as enhanced border management and regional cooperation on security issues, to build trust among Member States. Additionally, PAP can work with the AU Commission to provide technical assistance and capacity-building support to countries that may face challenges in implementing the protocol.

Monitoring and Accountability

Once the protocol is ratified, its success depends on effective implementation and compliance by Member States. PAP has a critical role in monitoring the implementation process and holding Member States accountable for their commitments. Through its oversight functions, PAP can assess the progress of ratification and implementation, identify challenges, and make recommendations to ensure that the protocol's objectives are achieved. PAP can also engage with civil society organizations, the media, and the public to ensure that there is transparency and accountability in the implementation process. By doing so, PAP helps to maintain momentum and public support for the protocol's objectives.

The Need for Adequate Funding of PAP

The Pan-African Parliament and other AU bodies tasked with promoting ratification of legal instruments often struggle with limited resources and capacity, reducing their effectiveness in advocating for and monitoring the ratification process. The recent questioning of PAP’s role and mandate by the Committee of 15 Finance Ministers (F-15) during the 2024 budget process is concerning and could undermine the Parliament's ability to fulfill its mandate. This essential organ of the African Union needs to be properly funded to play its envisioned role effectively.

Conclusion

The Pan-African Parliament is an essential institution in the effort to realize the free movement of persons across Africa. Through its advocacy, legislative harmonization, dialogue facilitation, and oversight roles, PAP can be instrumental in encouraging Member States to ratify the Protocol on Free Movement of Persons and implement its provisions effectively. While challenges remain, PAP's efforts will contribute significantly to the broader goal of African integration, fostering a continent that is more connected, prosperous, and united.