ABSTRACT

Migration among West Africans in general is believed to be a way of life until the

colonialist’s demarcation and creation of borders. The formation of ECOWAS which ushered

in the ECOWAS Protocol on free movement of persons for the eventual creation of

borderless ECOWAS is a way of reinventing the way of migration among West Africans.

The increase in non-compliance with the requirements of ECOWAS protocol on free

movement of persons (the use of valid travel documents that can be endorsed) across-borders

formed the basis of this paper with Paga border as the reference. Desktop study, informal

interviews and participatory observation were the methodologies used. The paper discovered

that, most citizens do not possess valid travel documents, there is increase use of all sort of

identity cards, ignorance of rules and regulations of the protocol, extortion of monies,

patronage of unapproved routes, divergence and conflicting interest of Anglophone and

Francophone ECOWAS countries, problems of documentation and tracking of wanted

persons being some of the degenerations of the non-compliance. The paper concluded that,

there is the need for compliance with the rules and regulations of the protocol and a shift

from punitive and stricter control measures to migration management for the full

implementation of the protocol. It is recommended that, harmonization of conflicting

laws/policies on free movement of persons, awareness creation on rules and regulations of the

protocol, decentralization of issuance of valid travel documents and border control be

replaced with migration management. In addition, stringent measures are instituted to check

the extortions of monies; institutional capacity building and effective collaboration among

border control officials. These would help check the non-compliance with the rules and

regulations of the protocol and facilitate the realisation of the full implementation of the

protocol for eventual creation of borderless West Africa.

KEY TREMS: Migration, Free movement, Borders, Extortion, Valid Travel Document,

Approved and Unapproved routes, ECOWAS, Regional and Sub-regional Integration and

Illegal immigrant.

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1.0 INTRODUCTION

Migration among West African in general is believed to be a way of life and dates back to the

pre-colonial days. One of the major heritages of colonial rule is the demarcation and the

creation of borders, without regard for the social and cultural realities of the indigenous

people, leading to ethnic groups being divided into different countries. This cultural affinity

has resulted in movement across borders which initially did not require any documentation

whatsoever.

However, the late 1960s witnessed the enactment of rules and regulations to control

immigration into various countries to protect job security of nationals, and regulate the free

movement of immigrants. Over the years, these regulations and requirements for movement

became more stringent impeding free movement within the sub-region as a result of

deteriorating political upheavals and worsening economic conditions. The free movement of

persons in the West African sub-region came into being during the formation of West Africa

Community of Economic States’ (ECOWAS) and its protocol on free movement of persons.

The challenges associated to non-compliance with rules and regulations of the protocol (the

use of travel documents that cannot be endorsed) at the various borders with Paga as the point

of reference is focus of this paper.

2.0 BACKGROUND

Migration is a complex social phenomenon due to the causes and consequences, and the

challenges migrants pose to both their origin and destination countries. With varying degrees

of intensity depending on points in history, all countries have experienced both immigration

and emigration of sort. Migrating across international frontiers is not a new thing in West

Africa. For many young men in several parts of the ECOWAS Sub-region, migration has

been a way of life during much of the present century (Zacharia and Conde, 1978).

Over the past years, it has evolved from mainly forced labour movements, to free movements

of individuals and families. The early parts of the colonial era were characterized by forced

labour movement mainly from French colonies. The forced movements gave way to

migration of contract labourers for whom local leaders had been paid to provide a fixed

number of workers for plantations or public works. When this was finally abolished,

migration had already become a habit or addiction for the young men of Burkina Faso and

other interior parts of West Africa. Migration is now voluntary and the mainstream

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dominated by unskilled labour mainly young and adult men, and currently the issues of brain

drain. The desire to wander was sustained by economic and social pressure at home and

incentives at the places of destination (Twum-Baah et al, 1995 Ed).

Migration for the purposes of trade was identified as having historical pre-eminence over

labour migration during the colonial era. This was as a result of relative peace in the region

following the end of the inter-tribal wars, and the establishment of better lines of

communications (Sudarkasa, 1975). The liberal attitude towards the migration of foreign

African workers by the colonial Administrations also aided free movement of persons in

West Africa. This was because migrants were mostly directed to areas that are beneficial to

the colonial Administrators, and no particular priority was attached to the control of

population movement (Twum-Baah et al, 1995 Ed).

The trend and patterns of migration established in the late colonial era extended into the post-

colonial era. The chunk of migration was still labour and trade based. Migration in these

periods dwindled because of expulsions of migrants. Ghana, Nigeria and other nations

expelled other African traders and passed indigenous laws. For example, Ghanaian business

promotion Act, 334 of 1970, this reserved exclusively for Ghanaians, among others small

scale commercial activities (ibid).

Given the economic, political, social and security challenges of contemporary world, no

country is likely to survive without co-operating with others. The promotion of economic

cooperation among developing countries is now a well accepted part of international

development policies. Issues such as international economic relations are currently

subordinated to the quest for regional integrations and groupings among more or less

contiguous areas (Gebe, 2000, Ed).

Over the past decades, more than a dozen custom and monetary unions, common markets,

free trade areas, and other regional cooperative arrangements have been proposed and

established in the Latin America, Asia, Africa inter alia, following the success of the

European Economic Community (ECC), now the European Union (EU). Regional integration

in Africa began with the founding of the Organisation of African Union (OAU), now African

Union (AU). Indeed, this goes far back to the first policy of independent Ghana when the first

president (Dr. Kwame Nkrumah) called for continental unity and integration, including

economic integration (ibid).

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In the 1970s however, prominence was given to the formulation of acceptable guidelines, not

only for continental cooperation, but regional integration as well. According to Asante

(2007), some of the sub-regional groupings that were established included;

Economic Community of Central African States (ECCAS),

Economic Community of the Great Lakes Countries (ECGLC),

ECOWAS

Mano River Union (MRU),

Preferential Trade Area for Eastern and Southern African States (PTA),

Southern African Development Coordination and Community (SADCC) and

West African Economic Community (WAEC).

Ghana today belongs to several international cooperation/organisations through the signing

and ratification of various treaties/protocols. Among these include;

African Union (AU),

Commonwealth,

Economic Community of West African States (ECOWAS),

United Nations (UN),

World Health Organisation (WHO) and

World Trade Organisation (WTO).

The focus of this paper is on ECOWAS. It was formed in 1975 to address issues of

cooperation in trade, infrastructure, production, free movement of persons, goods, capital and

services, and other forms of collaborations in the monetary and financial sectors. Other

primary objectives of the institution according to Asante (2007) were also the promotion of

greater cooperation among member states which would lead to integration and improvement

in the socio-economic standards of the people of the sub-region. This piece further narrows

down its focus to delve into rules and regulations of ECOWAS protocol on free movement of

persons and the challenges non-compliance (the use of travel documents that cannot be

endorsed) pose to both migrants and officials of immigration; the case of Paga border of

Ghana.

Ghana is located in West Africa and bounded by the Atlantic ocean/gulf of Guinea to the

south, Burkina Faso to the North, Cote D’Ivoire to the West and Togo to the East. It has land

area of about 238537 kilometres square and estimated population of 24,339,838 (CIA World

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Fact Book, 2011). Presently, it has forty two (42) approved entry/exit points and saddled with

numerous unapproved routes dotted at her land/ sea frontiers (GIS, Act 273 Act 2000). The

major approved routes out of the forty two (42) include;

Kotoka International Airport (KIA),

Tema main and fishing harbours,

Takoradi harbour,

Aflao border,

Paga border and

Elubo border

Paga is town in the Upper East Region which is part of the former Upper Region, which was

carved out of the Northern region in the 1960s. The Upper East Region has a municipal and

eight (8) District Assemblies including the Kassena/Nankana West District with Paga as the

Capital. Out of the forty two (42) approved entry/exit point, six (6) of them are located in the

Upper East region. According to the Ghana Immigration Service Act, 573 of 2000, the six

include;

Kulungungu border,

Morgnori border,

Namoo border,

Paga border

Pulimankom border and

Zebilla border.

The region has numerous unapproved routes due to the topographical nature of the land and

the loosely demarcated political boundaries. Paga border is one of the major approved

borders between Ghana and Burkina Faso and it is the reference of this paper.

3.0 PROBLEM SITUATION

In spite of Ghana’s ratification of the ECOWAS treaty which ushered in the protocol on free

movement of persons, goods, capital and services within the sub-region, several border

checks continue to exist. Free movement of persons within the sub-region is also said to be

hampered by different factors, including; different official languages, the use of unapproved

travel documents (documents that cannot be endorsed), extortion of monies from migrants by

border officials and the use of unapproved exit/entry routes among others at border posts

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(Adepoju.2005). Migrants have resorted to the use of various forms of cards and unapproved

exit/entry routes for the purposes of cross–border migration which violate the rules and

regulations of ECOWAS protocol on free movement of persons.

3.1 PROBLEM STATEMENT

Increase in non-compliance with the requirements of ECOWAS Protocol on free movement

of persons (the use of valid travel documents that can be endorsed) for cross-borders

migration within the Sub-region which hinders the eventual creation of borderless ECOWAS.

3.2 Main Research question

Why the increase in non-compliance with the requirements of ECOWAS Protocol on free

movement of persons (the use of valid travel documents that can be endorsed) across-borders

at the Paga border?

3.3 Sub-Research question

What challenges do the non-compliance with the requirements of the ECOWAS

Protocol on free movement of persons (the use of valid travel document that can be

endorsed) across–borders pose to migrants at the Paga border?

What challenges does the non-compliance with the requirements of the ECOWAS

Protocol on free movement of persons (the use of valid travel document that can be

endorsed) across-border pose to immigration officials at the Paga border?

3.4 Main Research Objective

The focus of the paper is to find why the increase in non-compliance with the requirements of

the ECOWAS Protocol on free movement of persons (the use of valid travel documents that

can be endorsed) across-border at the Paga border.

3.5 Sub-Research Objective

To unearth the challenges the non-compliance with the requirements of ECOWAS

Protocol on free movement of person (the use of valid travel documents that

endorsed) across-border pose to migrants at Paga border

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To uncover the challenges the non-compliance with the requirements of ECOWAS

Protocol on free movement of persons (the use of valid travel documents that can be

endorsed) across-borders pose to immigration officials at the Paga border.

4.0 RESEARCH METHODOLOGY

According to Twumasi (2001), in any research design, there must include among other

things, the technique used in collection of data and the analytical categories. Social

researches involve the collection of data from the social world. Many methods are used but it

is important that the selection of a particular method depends on the research problem. In

deciding on what method to use, the following are imperative; people to be dealt with, the

nature of the social situation, the mood of the social environment, psychology of the people

and the necessary method of data collection to be used.

The commonly used methods of data collection include; questionnaire, interviewing, direct

observation, participatory observation, case studies, life history, the use of documentary

evidence, letters, personal memoranda, diaries, public records, panel/focus discussion and

group discussions (ibid). The most important point is the use of the appropriate method(s) to

collect data in a particular instance. According to Blumer (1970: 20) as captured by Twumasi

(2001), there is no watertight procedure in the use of particular method of data collection.

The procedure to be used should adapt to the circumstances and be guided by judgement of

its propriety and fruitfulness. The researcher should sedulously seek participants in the sphere

of life who are acute observers and who are well informed of the situation under study.

To effectively deal with the issue under study, the following methods were employed;

desktop/documentary evidence study, interviewing of immigration officials and migrants,

direct and participatory observations, GIS diaries and files, and focus group discussions. The

concept study objectives were used to examine the data collected for analysis purposes. This

was done in continuous form in order to obtain meaningful answers to the research questions

in relation to the objectives.

5.0 THEORETICAL FRAMEWORK

5.1 MIGRATION

Spatial mobility of human population involves a change of place of usual residence between

well defined geographical locations. Migration is either voluntary; that is, when people

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decide on their own volition when and how to move and where to settle, or involuntary; a

situation where people are forced by circumstances such as natural disasters, depletion of

resources, political persecution, armed conflicts, inter alia, to settle somewhere else. Both

voluntary and involuntary migration can occur either nationally or internationally. Migrants

all over the world are seeking what all human beings desire; better standard of living, a safe

environment and freedom from want and fear (UNDP, 2004).

Massey et al (1989) reviewed various theories of international migration and concluded that,

though there are no inherent contradictions in preposition, assumptions, and hypotheses of all

the theories, different policy implications can be drawn from each theory. These theories

include; macro and micro theories of neoclassical economics, new economic theory of

migration, dual labour market theory, world system theory, network theory, migration

systems theory and cumulative causation. Neoclassical migration theorists see international

migration as movement based on individual’s decision for income maximization, differences

in wages and employment, and the cost of migration as the main reasons for migration.

New economics of migration theorists see conditions in variety of markets including labour,

capital and insurance markets as the compelling factors that make households decide to leave

home country in order to reduce risk to family income or overcome capital constraints on

production activities of families. Dual labour market and world system theorists both ignore

the micro-level analysis of decision making and ascribe migration to modern industrial

economies and economic globalization. Distinctively, each model reflects different interests

or objectives that inform policies by states to control migration. These range from changing

income, employment laws and conditions in destination countries to by promoting economic

development of countries of origin (ibid).

Migration among West Africans in general has been described as a way of life and it dates

back to the pre-colonial era. This is because the people have migrated over the generations in

response to demographic, political, social and economic factors. Thus, long distance

migration (across frontiers) is not a new thing in West Africa (Adepoju, 2000 and Zachariah

and Conde, 1978). Intra West Africa migration was initially seen as population movement in

response to human needs like favourable ecological conditions, fertile land, food, shelter as

well as greater security during the period of tribal warfare in the 19th century.

During this same period, population movements as international migration occurred over

large tracts of land without much restriction except for the fear and harm from wild animals,

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difficult means of transportation and poor access to information, security threats posed by

inter ethnic warfare, slave raids and harsh climatic conditions. In view of these difficulties,

there were mass movements of people (entire ethnic group, lineage or family) from one

location to another as opposed to individual movements emphasised by micro-level migration

theories of neoclassical and new economics traditions (Twum-Baah, 1995).

According to Amin (1974), intra West Africa migration flows during colonial era as

explained by the world systems theory which postulates that capitalism has extended from its

core in the Western Europe, North America, Oceania and Japan among others to peripheries

(Africa inter alia). He further asserted that because factors of production in the peripheral

regions (developing countries) have come under intense influence and control of markets,

migration flows has become an inevitable consequence.

5.2 THE RIGHT TO FREEDOM OF MOVEMENT

This right is made up of three basic elements: a) freedom of movement within the territory of

a country, (Art. 13(1), Universal Declaration of Human right 1948. ‘’Everyone has the right

of freedom of movement and residence within the borders of each state’’), b) the right to

leave any country and c) the right to return to his/her own country (Art, 13 (2), Universal

declaration of Human rights, 1948: ‘’everyone has the right to leave any country, including

his/her own, and to return to his/her country’’), (IOM, 2004).

5.3 BORDER

A border is the line that divides two countries or areas. It may also be defined as a line

separating land territory or maritime zone of one state from another (IOM, 2004). This paper

uses border as a term referring to the legal line separating different jurisdictions (Anderson

and O’Dowd, 1999). The ‘line’ may be sharply drawn in physical space, as in the case of a

land border, or administratively constituted, as in the case of an airport, but what is primary,

is how and for what ends the border is managed.

One of the principal relics of colonial rule is the demarcation or creation of borders. In the

efforts of Europeans to scramble for control over the people and resources of Africa, these

borders were made without recourse to the social and cultural realities of the indigenous

people and as a result, some ethnic groups like Nzema and Bono (Ghana and Cote D’Ivoire),

Ewe (Ghana and Togo), Yoruba (Nigeria and Benin), Hausa (Nigeria, Niger and Mail),

Mendes (Liberia and Sierra Leone) among others were divided and found themselves in

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different countries. The ethnic groups in the adjacent countries regarded movement across

these artificial boundaries as part of their internal movements. This is simply because they

continued to keep their kinship ties in spite of the boundaries created (Adepoju, 1998 and

Twum-Baah, 1995).

The cultural affinity of border residence facilitated movement across these borders and

integration, especially where they speak the language of the indigenous people in the host

country. Also, free movement was facilitated by loosely demarcated boundaries dividing

ethnic groups which live on each side of the border (Twum-Baah, 1985). The absence of the

requirement for travel documents during the early days of independence also helped to

promote movement of persons within the ECOWAS Sub-region. Liberal attitude taken

towards immigration of foreign African workers by the colonial administration also

encouraged free movement. This could be attributed to the fact that these migrants worked in

the sectors (mining, commercial export crops like cocoa and coffee) which benefited the

colonial powers, hence the ‘’laissez fair’’ attitude towards migration (ibid).

In the early days of post-colonial era, the efforts put in place to consolidate the boundaries

created did hinder movement across borders significantly. According to Twum-Baah et al

(1985), over two and half million West African nationals were residing in Burkina Faso, Cote

D’Ivoire, Ghana, Liberia, Mali, Sierra Leone, Senegal, The Gambia and Togo before the

formation of ECOWAS and the enactment of the protocol on free movement of persons.

However, this was short lived as restrictions imposed on movement across borders to protect

economic, political and security interests of individual countries become important policy

objectives.

The 1960s witnessed enactment of rules and regulation to control immigration into various

individual countries in order to protect the job security of their nationals. For instance, Ghana

enacted the Aliens Act (Act 160, of 1963). Section 10 of this Act prohibited the engagement

of foreign nationals to reside and work in Ghana, except in accordance with a license granted

by the Minister responsible. This era ushered in attempts to draw distinction between internal

and international migration. Among other things, this Act was passed to regulate immigrants

and thereby protect the domestic labour market opportunities available for its citizens

(Twum-Baah et al, 1985).

Following these developments, the passing of indigenisation policies by countries to protect

the few available jobs, much tougher laws including procedures for entry and employment of

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non-national of countries were enacted. Stricter border controls that have been introduced

impeded free movement of persons within the ECOWAS Sub-region. Some of these policies

were implemented when the economic conditions began to deteriorate and the governments

faced civil and political upheavals (ibid).

Beside the above, expulsion and deportations of non-nationals became the order of the day as

politicians sought to use it to deal with economic difficulties. For instance, nine members of

ECOWAS deported non-nationals; Benin (1998), Cote D’Ivoire (1958, 1964, 1999),

Equatorial Guinea (1974), Ghana (1969), Guinea (1968), Liberia (1983) and Nigeria (1983,

1985) – (Adepoju, 2005).

5.4 VALID CROSS BORDER TRAVEL DOCUMENT

This is a generic term used to encompass all documents which are acceptable proof of

identity for the purpose of entering another country. Passports and visas are the most widely

used forms of travel documents. Some states and multi-lateral organisations also recognise

certain identity cards or other documents, such as, certificate of identity, laissez-passer, inter

alia (IOM, 2004).

According to the official journal of ECOWAS volume 1 (1979), ‘‘a valid travel document’’

means a passport or any other valid travel document establishing the identity of the holder

with his/her photograph, issued by or on behalf of a member state which he/she is a citizen

and on which endorsement by the immigration and emigration authorities may be made. This

shall also include a laissez-passer issued by the community to its officials establishing the

identity of the holder. International Civil Aviation Organisation (ICAO) (1980), define

standard travel document to mean, a passport or a document issued by a national government,

or one issued by a multi-lateral organisation such as UN, which certifies, for the purpose of

international travel, the identity and nationality of the holder.

The definition of valid travel document as in the official journal of ECOWAS volume 1

(1979) is the context in which these paper uses it.

5.5 REGIONAL INTEGRATION

Regional integration generally involves a somewhat complex web of cooperation between

countries within a given geographical area. It demands harmonisation of policies in such

sectors as trade, investment, infrastructural development, free movement of factors of

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production, as well as monetary and fiscal policies of member states. The overall objective is

essentially to ensure stability and sustainable economic growth and development within the

integrating area (Asante, 1985).

According to Gebe (2000, Ed), within the framework of the emerging economic, political,

social and security challenges of contemporary world, regional and sub-regional integration

have become indispensable for the survival of countries. The promotion of economic

cooperation among developing countries is now a well accepted part of international

development policies. Issues such as international economic relations are currently

subordinated to the quest for regional integration.

5.6 APPROVED INTERNATIONAL EXIT/ENTRY ROUTES

International border points designated by governments of various countries for exit/entry are

referred to as the approved international routes. These include airports for by air travels, sea

ports or harbours for by sea travels and land frontiers/borders for by land/road international

travels. For instance, in Ghana, Kotoka International Airport (KIA), Tema main harbour and

Paga border are examples of by air, by sea and by land/road approved international travel

routes to and from Ghana (Act, 573 of GIS Act, 2000).

5.7 UNAPPROVED INTERNATIONAL EXIT/ENTRY ROUTES

These are international border routes which are not approved by the governments of various

countries and not manned by border control authorities (Immigration and Customs officials)

but used by migrant for international migration. These routes are often used for clandestine

migration. It is illegal for migrants to use such route to or from one country to the other (BPU

Annual Report, 2008).

6.0 MIGRATION AND BORDER ISSUES WITHIN ECOWAS SUB-REGION

West African migrants within the sub-region have always thought of it as an economic unit

within which people trade and moved without restriction (Addo, 1975). It was therefore

difficult to distinguish between internal and international/external migration during the pre-

colonial period (Adepoju, 2005).

The Economic Community of West African States (ECOWAS) formed in 1975 was among

other things to encourage, foster and accelerate the economic and social development of the

member states in order to improve the living standards of their peoples (ECOWAS Treaty,

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1975). The Member States included ; Benin, Burkina Faso, Cape Verde, Cote d’Ivoire,

Ghana, Guinea, Bissau and the Gambia. Others are Liberia, Mali Niger, Nigeria, Senegal,

Sierra Leone, Togo and Mauritania which is no longer a member. This was based on the

conviction that the promotion of harmonious economic development of the Member States

required effective economic co-operation and integration with largely a determined and

concerted policy of self reliance.

Article 27 of the ECOWAS treaty affirmed the need for economic integration, which includes

free movement of persons, goods capital and services by calling on the Member States to

ensure gradual removal of all obstacles to free movement of persons, goods, capital and

services (paragraph 1 of Article 27). ECOWAS Member States were as a matter of fact,

required to stop demanding visas and residence permits, and therefore allow West Africans to

work and undertake commercial and industrial activities within their territories (Paragraph 2).

The creation of borderless West Africa was in consonance with the African Charter on

Human and People’s Rights and UN Human Rights (ECOWAS Treaty, 1975).

In addition, they were of the opinion that, the integration of the Member States into a viable

regional community may demand the partial and gradual pooling of national sovereignties to

the community within the context of a collective political will. It was also believed that the

existing bilateral and multi-lateral forms of economic cooperation within the region open up

perspectives for more extensive cooperation (Adepoju, 1998).Furthermore, ECOWAS was

formed based on the view that, the sub-region needed to face together the political, economic

and socio-cultural challenges of sustainable improvement in the welfare of their populations.

Also, the pooling of their resources, particularly people will ensure the most rapid and

optimum expansion of the sub-region’s productive capacity. These constitute the main

rationale for recreating free movement of persons in the sub-region (ibid).

6.1 ECOWAS PROTOCOL ON FREE MOVEMENT OF PERSONS

The recognition of the need for economic integration including free movement of persons,

goods, capital and services stimulated the enactment of ECOWAS protocol on free

movement of persons, and the right of residence and establishment in 1979. The first phase

of the Protocol guaranteed free entry of citizens from Member States without visa for ninety

days and it was ratified by all member states in 1980 (Adepoju, 2002).

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With the coming into force of this protocol, the member states abolished visa and other entry

requirement for citizens travelling to a Member country. This means that a citizen of

ECOWAS member state who possesses a valid travelling document that can be endorsed and

an international health vaccination certificate can freely enter and spend a period not

exceeding 90 days in another state. Notwithstanding the protocol, a member state has the

right to deny entry of any immigrant considered to be inadmissible by its laws (ibid).

Despite ratifying the protocol which ushered in the free movement of persons in the sub-

region, several border checks continue to exist. Free movement is also hampered by different

official languages, the extortion of monies by border officials at border posts and need for the

use of approved routes and travel document that can be endorsed which violate the rules and

regulations of the protocol (Adepoju, 2005).

6.2 VALID INTERNATIONAL TRAVEL DOCUMENT

According to International Civil Aviation Organisation (ICAO) (1980), standard travel

documents include the following;

A passport – a document issued by a national government, which certifies, for purpose of

international travel, the identity and nationality of its holder. These among others include;

Ordinary passport, (regular passport) – issued to citizens and generally the most

issued type of passport.

Official passport, (service passport) – issued to government employees for work

related travel, and to accompanying dependants.

Diplomatic passport, (diplomat passport) – issued to diplomats for work related travel,

and to accompanying dependants.

Emergency passport, (temporary passport) – issued to persons whose passports were

lost or stolen, and who do not have time to obtain replacement.

Collective passport – issued to defined groups for travel together to particular

destinations such as a group of school children on a school trip to a specific country.

Family passport – issued to family members – father, mother, son, and daughter. This

is one passport holder. The passport holder may travel alone or with one or more other

family members. A family member who is not the passport holder cannot use the

passport for travel unless accompanied by the principal holder.

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Laissez-passer - it is issued by national government as an emergency passport, or for

travel on humanitarian grounds. Laissez-passer is also issued by international

organisations (most notably, the UN) to their officers and employees for official

travel.

Internal passport – issued by some countries as an identity document to keep

migration within a country.

Certificate of identity (Alien’s passport) – a document issued under certain

circumstances such as stateless to non–citizen residents. Some alien’s passports are

issued as internal passports to non–residents.

Camouflage and Fantasy passports – A camouflage passport is a document that

appears to be a regular passport but is actually in the name of a country that no longer

exists, never existed, or the previous name of a country that has change its name.

Attempting to use it to actually enter a country would be illegal in most jurisdictions.

A fantasy passport is likewise a document not issued by a recognised government and is valid

for legitimate travel. Fantasy passports are distinguished from camouflage ones in that they

are issued by an actual, existent group, organisation, or tribe.

A passport however, does not in itself entitle the holder entry right to another country, nor to

consular protection while abroad or any other privileges. This notwithstanding, it does entitle

the holder to return to the country that issued it.

6.3 VALID ECOWAS CROSS BORDER TRAVEL DOCUMENT

The creation of a borderless ECOWAS Sub-region was the major agenda of the meeting of

heads of states and governments held in Abuja early 2000. During the summit, the ECOWAS

passport was adopted as a symbol of unity to progressively replace national passports in

circulation over a transitional period of ten years (Adepoju, 2005).

According to Ghana handbook on travel document (1984), besides the ECOWAS passport,

the following documents are also considered approve valid travel document for crossing

international borders to and from member states;

Ordinary national passport,

National ID cards that can be endorsed,

ECOWAS travel certificate (laissez-passer),

Travel documents issued by international organisation (i.e. UN),

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Diplomatic and Service passports (official passports),

Collective travel certificates,

Travel documents (convention of 28th July, 1951) for refugees,

Travel documents for medical cases and minor/infants and

Travel documents (convention of 23th September, 1954) for stateless persons.

6.4 SOME CHALLENGES OF THE ECOWAS PROTOCOL ON FREE

MOVEMENT OF PERSONS

According to Adepoju (2005), some key challenging issues with regards the

operationalisation of the ECOWAS protocol on free movement of persons which member

states ratified included the following;

Absence of adequate mechanisms to control the infiltration of criminals,

Lack of harmonisation of national laws and policies on migration,

Inadequate infrastructure (road/communication networks) to facilitate realisation of

borderless West Africa and

Most nationals of many member states not possessing valid travelling documents

including birth certificates.

There are also concerns that, the privileges enshrined in the protocol have been abused by

some citizens of the sub-region. Some of these abuses include smuggling of goods, illegal

immigration, human trafficking and illicit trade in narcotics inter alia. These crimes and acts

of economic saboteur have led to expression of resentment among officials and the general

public in the destination countries. Ghana for instance has established a Border Patrol Unit

(BPU) within the Ghana Immigration Service (GIS) to police her borders (GIS Annual

Report, 2006).

In enacting the protocol, much consideration was not given to the varying and diversities in

social, political and economic background of the member states, hence revocation of the

protocol and the expulsion of non-national in difficult economic times by some member

states, and these have adversely affected the smooth implementation of the protocol (Border

Guards Annual Report, 1980).

It is important to note that, the Member States are at different levels of economic

development and this has impeded the realization of the protocol on free movement of

persons within the ECOWAS Sub-region. In view of this, the direction of movement was

16 | P a g e

towards certain nodes of economic development and thereby putting undue stress on those

economies. For instance, Nigeria, Cote D’Ivoire, Senegal and Ghana (lately) have been at the

receiving ends of these population movements. Emphasis should have been placed on

accelerating the economic growth and poverty reduction in the various countries in order to

avoid citizens of some countries becoming economic burden on a few member states

(Adepoju, 2005).

6.5 SOME PROGRESS CHALKED IN THE IMPLEMENTATION OF ECOWAS

PROTOCOL ON FREE MOVEMENT OF PERSONS

In spite the constraints discussed above, some progress has been recorded on many fronts.

The free movement of persons without visa within the sub-region is a major achievement of

ECOWAS. Associated with this development is the progress made in the area of monetary

policy, communication, trade and related matters. These included the introduction of

ECOWAS traveller’s cheque - the west African unit of account – to harmonise the sub-

region’s monetary policy; the proposed adoption of a common currency by 2004 ( now

postponed till 2011) to facilitate cross – border trade transactions and the introduction of the

ECOWAS Brown Card travel Certificate to be used alongside the ECOWAS passport

(Adepoju, 2005).

The abolition of the mandatory residency permit and the granting of maximum 90-days

period of stay to ECOWAS citizens by immigration officials at the entry points took effect

from April, 2000. Border posts and checkpoints on international highways which hitherto

menaced free movement of persons and goods most were drastically reduced. The

elimination of rigid border formalities and modernisation of border procedures through the

use of passport scanning machine which were designed to facilitate free and easier movement

of persons across borders was for the achievement of the ultimate goal of the creation of a

borderless West Africa (Adepoju, 2002).

During the summit of heads of states and governments held in Abuja early 2000, the adoption

of the ECOWAS passport as a symbol of unity to progressively replace national passports in

circulation over a transition period of ten (10) years was introduced. The sub-regional private

airline (ECOAIR) was launched in Abuja to coincide with the 25th anniversary of the

organisation to facilitate intra-regional travel. Transport and telecommunication links

between member states were boosted by trans-coastal, trans-sahelian and

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trans-coastal/sahelian road network. Border posts and all checkpoints on international

highways are to be policed only by customs and immigration officials (ibid).

7.0 FINDINGS AND DISCUSSIONS

7.1 DOCUMENTS USED BY MIGRANT FOR CROSSING PAGA BORDER.

A painstaking analogy has been made of the various documents used for crossing the Paga

border, and how these contribute to the challenges both migrants and immigration official

face at the border. The traffic flow at this border is relatively voluminous and the documents

used for crossing it vary, ranging from national passports to personally designed identity

cards. Below are some of the documents travellers used for crossing the Paga border;

National passports

ECOWAS passport

ECOWAS travel certificate (laissez-passer)

Order of mission (order de mission) from various entities/organisations

National identity cards

Consulate (Embassy) identity cards

UNHCR refugee identity cards

Students identity cards

Birth certificates

Voter’s identity cards

Employee identity cards (i.e. nurses, clearing agents teachers etc)

Ghanaian expatriates communities membership identity cards (i.e. Gambia, Senegal

and Mali inter alia)

National health insurance scheme identity cards

International health vaccination certificates

Traditional healers association membership identity cards

National and international drivers’ licenses

Fraudulent passports and

Personally designed travellers’ identity cards (GIS Paga passengers manifest file,

2007, 2008 and 2009).

It was also observed that, some travellers have no travel document of any sort for their

identification.

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From the above, only four (4) of these documents are valid and can be endorsed, implying

that, the rest sail through owing to the relaxation of the rules and regulations of the ECOWAS

protocol on free movement of persons with regards the documents recommended for cross

border migration within the Sub-region. It was also discovered that, as a result of migrants

not using valid documents that can be endorsed, they go through a lot of challenges and

unscrupulous immigration official take undue advantage and extort monies from them to

facilitate their easy passage through the border.

7.2 HUMAN TRAFFIC FLOW AT THE PAGA BORDER

Migration statistics of Paga border for the years 2007, 2008 and 2009’s annual traffic flow

broken down in the various forms of documents (those that can be endorsed and those that

cannot be endorsed) used for crossing the border formed the basis of the analysis of this

paper. Below is the statistical break down;

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7.3 ANALYSIS OF THE HUMAN TRAFFIC FLOW AT PAGA BORDER.

The statistical table above indicates that, the year 2007 envisaged a total traffic flow of

47,730 and 24,226 for arrival and departure respectively. Travellers using documents that

cannot be endorsed constituted 74.50% and 48.90%, and those with documents that can be

endorsed were 25.50% and 51.10% of the figures of arrival and departure. Figures of arrival

and departure for the year 2008 stood at 54,917 and 27,352 respectively. Out of these,

documents that cannot be endorsed formed 74.95% and 50.17% and those that can be

endorsed constituted 25.05% and 49.83% for arrival and departure accordingly. This year

(2008) recorded an increase of 15.84% and 15.80% of documents that cannot be endorsed for

arrival and departure over that of 2007.

For the year 2009, traffic flow of 60,720 and 31,182 were recorded for arrival and departure

respectively. The users of documents that cannot be endorsed were 74.13% and 48.11% for

arrival and departure, whereas those that can be endorsed formed 25.87% and 51.89%

respectively. The figures of documents that cannot be endorsed for 2009 compared with

those of the year 2008 shows an increase of 14.21% and 09.34% for arrival and departure.

The trend of events as depicted by these three year’s (2007, 2008 and 2009) statistics

indicates that, migrants who use documents that cannot be endorsed far outweigh those with

documents that can be endorsed. The three years all recorded an average of 74.53% of

migrants using documents that cannot be endorsed. This shows the number of migrants

likely to go through challenges at the border as well as pose challenges to immigration

officials.

7.4 CHALLENGES OF VALID CROSS BORDER TRAVEL DOCUMENTS ANDTHE USE

OF DOCUMENTS THAT CANNOT BE ENDORSED AT THE PAGA BORDER

Despite the approved international travel documents by ICAO and those of ECOWAS

enumerated above, some member states’ citizenry resort to the use of all sort of identity cards

for the purpose of moving within the sub-region in the name of ECOWAS protocol on free

movement of persons. Holders of such cards cannot be subjected to any conditions of entry

(90 days or less) as these cannot be endorsed. Due to insufficient commitment to the

implementation of the protocol by some member states (Gebe, 2000 Ed), most citizenry have

also taken the protocol to mean free international travel. It has also been realised that

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ECOWAS has not instituted adequate mechanisms for controlling some of these lapses

among member states.

According to Adepoju, (2002), many people in the sub-region do not possess any valid

travelling documents including birth certificates. Of late, border officials have been accused

of impeding the smooth implementation of ECOWAS protocol on free movement of persons

through the extortion of monies from unsuspecting travellers (migrants). Most of these

allegations are based on the challenges migrants travelling across borders of ECOWAS

Member States face.

Paga border had its share of the lambasting of the border officials. On 24th March, 2009 they

came under severe criticism over alleged extortion of monies and seizure of passports of

traveller who refused to yield to their demands. This was made public when the Vice

president John Dramani Mahama paid a two day visit to Burkina Faso by Ghanaian

expatriates in Ouagadougoou (GNA, 2009). They alleged that Ghana Immigration official

have been subjecting them to all manner of coercion and the situation is getting out of hand.

Sidwaya (July, 2009) a Burkina Faso newspaper, the Observatory of Abnormal Practices

(OPA) team on its investigation expedition from Ouagadougou to Accra observed that

passengers had to pay between two (2) and four (4) Ghana Cedis or the equivalent in CFA

franc to cross Paga and Dakola borders.

7.5 CHALLENGES INTERNATIONAL TRAVEL DOCUMENT CONTROL POSE TO

IMMIGRATION OFFICALS AT THE PAGA BORDER.

Informal interviews held with some of the immigration officers at Paga border revealed that,

the use of documents that cannot be endorsed has been a big challenge bothering heavily on

national security. The installed scanning system for passenger processing cannot scan most

identity cards migrants use heightening the situation. They added that, because of West

Africa Economic and Monetary Union (WAEMU/UEMOA) a Francophone grouping within

ECOWAS, some Francophone nationals travel on National, Student and consular identity

cards, and birth certificates because these are generally accepted by Member States as cross

border travel documents.

It was also discovered that, the divergent foreign policies and conflicting interest of

Anglophone and Francophone ECOWAS countries contribute immensely to varying

interpretation of the protocol on free movements of persons within the Sub-region. The issue

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of recognizing national identity cards and conditioning migrants in line with the stipulation of

the ECOWAS protocol on free movement of persons (90days or less) remain a big challenge

to immigration officers.

Migrants resort to the use of unapproved routes for entry/exit of Ghana posing security threat

to the nation, considering the ill-resourced nature of the gatekeepers (Immigration Service).

This also make tracking wanted persons put on stop list on the control system difficult, hence

making it easy for such persons to get escaping leeway to outwit immigration officials. It

was asserted by officers that, except those (wanted persons) whose photographs are attached

to their details and used the main border that they are able to effectively track.

It was also revealed that, ECOWAS protocol on free movement of persons requires that,

citizens of Member States travel on valid travel documents and international health

vaccination cards. But due to the challenges the use of identity cards pose, officers had to

relax this rule at the Paga border in their bid to promote free movement of persons. Despite

these, the free movement of persons is occasionally hindered. Immigration officers have to

take longer time to process travellers due to the types of documents migrants present, which

pose difficulties in the determination of the actual nationalities of some of them. This makes

documentation of migrants difficult and to a large extent affect record keeping, posing a big

challenge to officers when it comes to tracing the history of such migrants.

Regional and national regulations not harmonized also contribute to the challenges border

officials face. The issue of national identity and state sovereignty stands out in spite of

policies of integrations within the ECOWAS Sub-region, heightening the challenges of

immigration officials. The tendency of giving nationals of one state preferential treatment

(discrimination) by the border officials was prominently obvious among immigration

officials.

Immigration officers at times have no option than to seize some of these documents. Over

three hundred (300) pieces of seized personally designed identity Cards expired and altered

passports were found in one of the office cabinets. A Nigerian National, who ran out of luck,

was arrested on 28th May, 2008 with a personally designed Ghanaian national identity card

which he claimed was issued by Ministry of social welfare. He was handed over to Ghana

police service (Navrongo) who subsequently prosecuted him and had him sentenced to three

(3) months imprisonment (GIS Paga diary, 2008).

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Immigration Patrol officers affirmed that, they have to encounter border residents who use

motorbikes to cross migrants who lack valid travel documents through unapproved routes.

Some officers get assaulted in their course of duty as a result of the ill equipped nature of GIS

to fight these nefarious activities. The use of all sort of identity cards also sometimes bring

about confrontation between officers and migrants especially those who feel with the

ECOWAS protocol on free movement of persons, they could move to and fro member states

with any form of identity card.

7.6 CHALLENGES THE USE OF TRAVEL DOCUMENTS THAT CANNOT BE

ENDORSED POSE TO MIGRANTS AT THE PAGA BORDER.

Ghanaian travellers interviewed complained of Ghana not having national identity card and

Ghana not issuing ECOWAS passports, the difficulties in securing national passport, thus

their resorting to the use of all sort of identity cards. They added that, one will sometimes pay

more than the required fee to middlemen including immigration officers but will still not get

the national passport. This was also the assertion of most nationals of other ECOWAS

member states interview.

Another concern raised was that, passports are only issued at the national capitals

(centralised). Saddled with this challenge, they have no option than to resort to the use of any

form of identity card just to identify themselves as citizens of Members State A or B, which

cause migrants a lot of hell at exit/entry points (Paga/Dakola). Some migrants at times are

refused exit/entry by immigration officers.

While others attribute the use of all sorts of identity cards to the above reasons, some see the

ECOWAS protocol on free movement of persons to mean movement without document. For

them, even without any valid document or identity card, they should be able to traverse

borders. Furthermore, it was revealed by most travellers that, those without valid travel

documents that can be endorsed have to pay between two (2) and five (5) Ghana cedis or the

equivalent in CFA franc to facilitate their smooth passage to and from the Paga (Ghana) and

Dakola (Burkina Faso) borders (GNA, 2009). Thus, migrants have to bribe border officials to

facilitate their crossing of the border. At times, some have their documents seized or unduly

delayed because of their refusal to yield to the demands of immigration officers.

Some travellers are compelled to resort to all sorts of tricks including the use of unapproved

routes and pretence to be border residents. These they do in their bid to avoid the wrath of

23 | P a g e

immigration officials because they do not have valid travel documents that can be endorsed

as well as their unwillingness to pay bribe just to cross into or get out of Ghana. The unlucky

ones at times get robbed by unscrupulous border bandits, whilst others get arrested by GIS

officers on patrol duties and are made to face the full rigors of the law.

It was also observed that, undocumented migration and trafficking in migrants, young

Ghanaian migrants are adopting more sophisticated, daring and evasive methods to exit the

country in their bid to enter the countries of the North (Libya, Algeria, Morocco, Italy, Spain,

Portugal, etc). These movements are more clandestine and spontaneous involving more risky

passages and trafficking via more diverse unapproved transit points. In the opposite direction,

most ECOWAS Member States citizens (Burkinabes, Malian, Nigeriens etc) trooping to Cote

D’Ivoire using Ghana as transit point practice this act in their desire to cross Ghana to their

final destination. It was confirmed by passengers that, migrants go through serious risks and

the associated implications (i.e. robbery, death, etc).

Participatory observation revealed that most migrant were ignorant of the requirements of the

ECOWAS Protocol on free movement of persons which stipulate that, cross border migrants

need to travel on valid travel documents on which border authorities (immigration officials)

can make endorsement. Some felt passport and other valid travel documents that can be

endorsed were only meant for travelling by air or journeys outside ECOWAS Sub-region due

to the difficulties in procuring them. Those who do not want to bribe immigration officials

will confront them with their ignorance and receive the wrath of the immigration officials.

These challenges hinder the realization of the full implementation of the ECOWAS Protocol

on free movement of persons and the bigger dream of borderless ECOWAS. However, in the

midst of all these hurdles, the issue of promoting the full implementation of the protocol on

free movement of persons whilst ensuring national security was paramount to both Ghana

immigration service officials and their Burkina Faso counterparts.

8.0 CONCLUSION

Migration management is a complex process that goes beyond punitive and stricter control

measures. To make challenges of migrants and immigration official at Paga border and for

that matter other borders within the ECOWAS Sub-region a thing of the past, there is the

need for policy makers to appreciate the fact that human mobility is an inherent and a

desirable component of the development process. At the moment, several national

24 | P a g e

laws/policies conflict with ECOWAS Sub-regional treaty and need harmonising in

accordance with the protocol on free movement of persons.

Large numbers of citizens of Member States are ignorant of the need to travel on valid travel

documents that can be endorsed and international health vaccination certificates within the

ECOWAS Sub-region hence resort to the use of all sorts of identity cards. Some also resort to

the use of unapproved routes while others prefer bribing immigration officers to ease their

passage across the border giving them the opportunity to extort monies from migrants. Most

member states are still moving at snail pace towards the realisation of the issuance of the

ECOWAS passport and the implementation of the protocol for the promotion of free

movement of persons within the sub-region.

9.0 RECOMMENDATION

The following recommendations would to a large extent help reduce the non-compliance with

the ECOWAS Protocol on free movement of persons with regards the use of valid travel

documents that can be endorsed as cross-border travel document and the challenges this pose

at the Paga border in the bid to promote free movement of persons within the ECOWAS Sub-

region;

Harmonising National laws/policies conflicting with those of the ECOWAS Sub-

regional protocol on free movement of persons. Governments need to revise national

laws/policies on free movement of persons across borders in line with the protocol.

This coupled with ensuring the compliance with the stipulations of the protocol on

free movements of persons, the full implementation and operationalisation of the

desired borderless ECOWAS Sub-region.

Creating the awareness of the need to travel on valid travel document that can be

endorsed as stipulated in the ECOWAS protocol within the ECOWAS Sub-region is

imperative. Mounting enlightenment programmes for the provision of adequate

information on the ECOWAS protocol on free movement of persons, the rules and

regulations guiding the exit/entry of member states. This would make Sub-regional

migrants well informed on the need to comply with the stipulation of the protocol on

free movement. Thus, use valid travel documents that can be endorsed and

international health vaccination certificates for cross border migration.

25 | P a g e

Governments need to decentralise the issuance of passports and other valid travel

documents from national capital to regions/provinces or district capitals to facilitate

easy access to such documents by majority of the citizenry.

A dialogue on ECOWAS protocol on free movement for all stakeholders, in the media

in particular, should be established as a continuous process in Ghana and other

Member States in order to curb misrepresentations, ignorance and xenophobia that

surround the issues of free movement persons within the ECOWAS Sub-region.

This will help reduce the patronage of unapproved routes and use of documents that

cannot be endorsed, and foster the full implementations of protocol on free movement

of persons, and improve the security situation around the Paga border and the nation

as a whole.

Transformation of border control and security officer’s role from punitive and stricter

control measures to migration management is imperative for the creation of borderless

ECOWAS Sub-region. This to a large extent will help facilitate rather than restrict

migrations in regular situations and in the context of the Sub-regional protocol on free

movement of persons.

There should be institutional capacity building to manage migratory flows through

equipping, training and retraining of key officials. Capacity building of officials to

deal with free movement of persons, and on the rights and obligations of migrants

should be a continuing process. Such trainings, exchange of information, and

networks should be institutionalised to replace ad-hoc arrangements of border

management.

Stringent measure should be put in place (CCTV cameras) to check the extortion of

monies from migrants by unscrupulous immigration officers and any officer caught in

the act should be made to face the full rigor of the law.

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