Presentation on Intra - Regional Migration and Labour Mobility
1. Intra-Regional Migration and
Labour Mobility within Africa
Presenter: Adv. Maemo Peter Machethe
23 – 25 March 2015
KIGALI (Serena Hotel), Rwanda
2. Presentation outlook
Background
Legislative Provisions
Application of the Protocol on Facilitation of
Movement of Persons
Enabling Policies
Status of Ratification and Visa Exemptions
Pursued Regional Programmes
Challenges
Recommendations
3. Background
SADC as a region comprises of fifteen
Member States with an estimated total
population of approximately 277 million.
5. Legislative Provisions
The SADC Treaty – signed in 1992,
establishing SADC and advocating for the
promotion of interdependence and integration
of national economies for the harmonious,
balanced and equitable development of the
region;
The Protocol on Tourism Development –
signed in 1998 making provision for the
development of tourism and advocating for the
introduction of the SADC UNIVISA;
6. Legislative Provisions continues
The SADC Charter of Human Rights signed in
2003 – intended to facilitate through close and
active consultation among social partners and
in a spirit harmonious to labour relations
among others: labour policies, measures and
practices promoting labour mobility;
Protocol on Politics, Defence and Security
Cooperation – signed in 2006 and establishing
the Organ on Politics, Defence and Security
Cooperation
7. Legislative Provisions continues
Protocol on Trade – signed in 2012 and
making provision for pursuance of services
trade liberalization;
Declaration on Refugees – crafted in 1998
undertaking to put modalities to determine
refugees status of person in a fair and efficient
manner; and
8. Legislative Provisions continues
Protocol on Facilitation of Movement of
Persons – signed in 2005 and making
provision for the development of policies
aimed at the progressive elimination of
obstacles to the movement of persons of
the region, generally into and within the
territories of State Parties.
9. Application of the Protocol
The Protocol on Facilitation of Movement of
Persons provides for, entry for a lawful purpose
and without a visa, into the territory of another
State Party for a maximum period of ninety (90)
days per year for bonafide visit and in
accordance with the laws of the State Party
concerned;
permanent and temporary residence in the
territory of another State Party; and
establishment of oneself and working in the
territory of another State Party.
10. Enabling Policies
In order to operationalize the various Protocols in
the region, SADC developed enhancing policies
which includes:
- SIPO II which serves as a five year Performance
guiding policy for the Directorate of the Organ on
Politics, Defence and Security Cooperation aimed
at responding to identified challenges that would
threaten the security and political stability of the
region; and
- Regional Indicative Strategic Development Plan
(RISDP) which is a fifteen years Strategic Policy
for the region.
11. Ratification status of the Protocol on
Facilitation of Movement of Persons
Status of Ratification
Signed Ratified
Angola - -
Botswana Yes Yes
DRC Yes -
Lesotho Yes -
Madagascar - -
Malawi - -
Mauritius - -
12. Ratification status of the Protocol on
Facilitation of Movement of Persons
Status of Ratification
Signed Ratified
Mozambique Yes Yes
Namibia Yes -
Seychelles - -
South Africa Yes Yes
Swaziland Yes Yes
United Republic of
Tanzania
Yes -
Zambia - -
13. Ratification status of the Protocol on
Facilitation of Movement of Persons
Status of Ratification
Signed Ratified
Zimbabwe Yes
14. Status of Visa Regimes
Most SADC Member States have concluded
Bilateral Agreements waiving Visa requirements
for each other ‘s nationals, while the Republics
of Angola, Democratic Republic of Congo and
Madagascar lack behind. However, removal of
visa regimes is an ongoing process monitored
by the Ministerial Committee of the Organ
(MCO) and the Council of Ministers.
15. Intra - regional programmes
SADC is currently considering a plethora of
programmes aimed at the enhancement of
Intra-regional programmes, and this includes:
- The SADC UNIVISA – aimed at contributing to
the regional tourism development by minimizing
complex visa regimes and enable non SADC
nationals to enter multiple SADC Member
States on one visa;
16. Intra - regional programmes continues
- Tripartite movement of Business Persons –
intended to facilitate intra- regional facilitation of
movement of business person within COMESA,
EAC and SADC regions;
- Draft Regional Labour Migration Policy
Framework - aimed at improving governance in
intra – regional Labour migration, strengthen
protection of migrant workers and mainstream
migration in the national and regional
development plan
17. Intra - regional programmes continues
- Introduction of Coordinated Border Management
(CBM) – Memorandum of Understanding
between South Africa and Zimbabwe to
introduce one stop border post, consideration by
the Republics of Angola, Botswana, DRC and
the Kingdom of Swaziland to introduce CBM
and consideration of harmonised operational
hours at Ports of Entries such as:
- Chirundu (Zambia / Zimbabwe), Kasumbalesa
(DRC / Zambia) and Kasumolo / Songwe
(Tanzania / Malawi).
18. Challenges
Ratification of the Protocol on Facilitation of
Movement of Persons;
Security of Travel Documents;
Irregular Migration;
Inadequate policy management which includes
dichotomy between policy development and
implementation;
monitoring and evaluation;
Complexity of the Tripartite negotiations; and
Corruption
19. Recommendations
Promotion of the AU Migration Framework and
other relevant policies;
Consistent engagement of the RECs on
migration programmes;
Promotion of Bilateral Agreements as an interim
solution;
Robust High level dialogue on Intra- regional
Migration at AU Summit of Heads of States; and
Monitoring and Evaluation at the AU and RECs
