TOWARDS AN EFFECTIVE GOVERNANCE AND MANAGEMENT OF MIGRATION IN ECOWAS REGION

By:

Prof. Adejumoke A. AfolayanA Paper Presentation at the Workshop on Migration in West Africa: Governance and Links to Labour Markets

Organized by the OECD Development Centre,

25 March 2010, Dakar, Senegal

MIGRATION GOVERNANCE : (A PROCESS OF GOVERNMENT’S ACTIONS: PERCEPTION, DEFINITION, FORMULATION OF LAWS & POLICIES, IMPLEMENTATION)

AGENDA SETTING & ISSUE DEFINITION – CONSENSUS BUILDING & POSITION CONVERGENCE CHANGES TO MIGRATION & PRACTICE OF HOW MIGRATION IS MANAGED (IOM, 2010)

MANAGEMENT OF MIGRATION (MAIN ACTORS ; STATES. NGO, ORGANIZATIONS, EMPLOYMENT AGENCIES, REGIONAL BODIES): MIGRATION & DEVELOPMENTFACILITATING MIGRATIONREGULATING MIGRATIONPROTECTING-ASSISTING THE VULNERABLE (IOM, 2005)

TOWARDS EFFECTIVE GOVERNANCE & MANAGEMENT OF MIGRATION: IDEALIZING MIGRATION

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GOVERNANCE & MANAGEMENT: REGIONAL MIGRATION POLICIES & PROTOCOLS OF ECOWAS: FACILITATING

(A) ECOWAS PROTOCOL ON FREE MOBILITY OF PERSONS, GOODS AND SERVICES, MAY 1979(I) PHASE I: RIGHT OF ENTRY AND ABOLITION OF VISA [PROTOCOL A/P1/5/79];(II) PHASE II: RIGHT OF RESIDENCE [SUPPLEMENTARY PROTOCOL A/SP1/7/85]; (III) PHASE III: RIGHT OF ESTABLISHMENT [SUPPLEMENTARY PROTOCOL A/ SP2/5/90] (B) FACILITATING MEASURES: (I) ECOWAS TRAVEL CERTIFICATE & ECOWAS PASSPORT; (II) ESTABLISHMENT OF NATIONAL COMMITTEES: ON FREE MOVEMENT OF PERSONS & VEHICLES, FOR EXAMPLE(III) INTRODUCTION OF BROWN CARD MOTOR VEHICLE INSURANCE SCHEME (IV) ESTABLISHMENT OF ECO BANK

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Governance & Management: Regional Migration Policies & Protocols Of ECOWAS: Facilitating (continued)

(C) ECOWAS Common Approach on Migration, January 2008 at 33rd Summit of Heads of State and Government of ECOWAS- on interdependence of migration issues & need to deepen joint dialogue, among others

(D)13th & 14th ECOWAS-EU Ministerial Troika Meetings Luxembourg, 28 April 2008; 23 October 2008 Final Communiqués: F Section – Migration & Development

– take forward & strengthen implementation of Action Plan agreed at 1st Euro African Ministerial Conference, Rabat, July 2006

-Welcomed adoption of ECOWAS Common Approach on Migration

-EU restated developing cooperation with ECOWAS on migration & development (reinforcing partnership & implementation of concrete measures)

-EU welcomed establishment of Working Groups, identified in Ouagadougou in Oct. 2007

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Governance & Management Of Migration: National Laws/Policies – Nigeria: Facilitating Migration

(i) Immigration Act of 1963

(ii) NEEDS, SEEDS, LEEDS; NAPEP; SMEDAN; NDE – established as national programs for development; Combined Expatriate Residents & Aliens Card (CERPAC)

(iii) Labour Laws – International Labour Organization Convention 97, Sections 23 &36-44 of Labour Cap 198, 1990

(iv) Establishment of a Labour Desk, Ministry of Labour, Abuja

(v) Protection of Migrants International Convention on Protection of the Rights of All Migrant Workers and Members of 2003; ratified in February 2009

(vi) Draft, National Policy on Migration – (Sections on: Migration & Development, Security & Irregular Movement, Forced Displacement, Human Rights of Migrants, Organized Labour Migration, Internal Migration, Migration Data & Statistics, Funding for Migration Management) (Federal Government of Nigeria, May 18, 2007)

(vii) National Commission for Refugees - The Commission Coordinating Activities of Draft, National Policy on Migration (confirmed in February 2009)

(vii) Information Technology Driven Security Outfit – Nigeria 1st to have E-Passport; December 2010 Deadline Set for Compliance with Directive from ICAO on E-Passport

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Governance & Management of Migration Laws/Policies – Nigeria: Regulating Migration: (i.e. Aspects of Legal Framework & Policy Development; Prevention & Awareness Raising; Collection, Exchange & Analysis of Information; Travel & Identify Documents) by National Government - Ministries of Justice/Women Affairs/Labour & Productivity/Information & National Orientation; Nigeria Immigration Office; The Nigerian Police Commission; Special Presidential Committee on Human Trafficking, Child Labour & Slavery ; NGOs – WOTCLEF; ANPPCAN, Idia Renaissance, Faith Based Organizations, etc;

(i) Immigration Act of 1963, e.g. on Smuggling of Migrant Protocol; ratified 2001 & Control of Aliens and Others; Policy on Expatriate Quota Employment & other Immigration & Emigration Regulations Amended

(ii) Convention Regulating Inter-state Road Transportation between ECOWAS Member States

(iii) Trafficking in Persons (Prohibition) Law, Enforcement and Administrative Act of 14 July 2003; Amended December 2005

(iv) National Agency for the Prohibition of Trafficking in Persons (NAPTIP); Various Awareness Raising Undertaken

(v) Child Labour Law/Child Rights/Child Trafficking, as in Labour Act of 1974 (on The Prohibition of Employment of Children)

(vi) Nigerian Government Signatory to varied relevant regional & international protocols against/on: smuggling of migrants by land, sea and air; trafficking; discrimination; trans-national organised crime; worst forms of child labour; Slavery etc.

GOVERNANCE & MANAGEMENT OF MIGRATION EVOLVING AT LOCAL LEVEL; EVIDENCE FROM SURVEYS: BOTH AT DESTINATION & SOURCE REGIONS

AT DESTINATION:

(I) TRANS-BORDER MOBILITY - HIGH FREQUENCY; SHORTENING LENGTH OF STAY IN HOST COMMUNITY, ESPECIALLY AFTER EXPULSION ORDER (II) OFFICIAL BORDER POST LESS UTILIZED, ESPECIALLY BY RESIDENTS OF BORDERLAND (III) TRADING WITH LESS RESTRAINT

(IV) DEVELOPMENT OF FACILITIES BY INDIVIDUALS AT BORDERLAND (HOSPITALS, MEDICAL, EDUCATION)

(V) RELATIVE EASY ACCESS TO FACILITIES OF HOST COMMUNITY

(VI) SOCIAL NETWORKING IN TRADING AIDED BY SOCIAL AFFINITY

(VII) LOCAL AUTHORITY INSTITUTED - OBA ABIDJAN

(VIII) CHIEFS OF ADJACENT TWIN SETTLEMENTS MEET & HANDLE BORDER ISSUES

(IX) LOCAL VIGILANTE ORGANIZED

(X) REMITTANCES SENT TO SOURCE REGION THROUGH INFORMAL MEANS

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Governance & Management of Migration Evolving at Local Level; Evidence from Surveys: Both at Destination & Source Regions (continued)

At Source Region Level:

(i) Organized Traveling

(ii) Greater Involvement of the Diaspora in Development Issues – Community Development

(iii) Development of Other Urban Centers by Emigrants (Lagos, Oshogbo, Ejigbo, Inisha, Ogbomosho etc)

(iv) Evolving Circulatory Migration

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Governance & Management of Migration Evolving at Regional Level; Evidence from Surveys: Facilitating Migration

Governance At Regional Level

(i) Joint Border Patrol

(ii) Training of Border Personnel

(iii) Development of Resources & Industry – Cement Industry, Bakery

(iv) Government Officials Turning a Blind Eye on Commuting Population

(v) Joint Infrastructure Planning

(vi) Improvement of Land Transportation

(vii) Joint Exploration and Utilization of Resources & Environmental Management (Afolayan, 2000; 2004; 2010)

(viii) Increasing interest of National Government on the Diaspora, in terms of:

a) Promoting Establishment of Nigerians In Diaspora Organization (NIDO) & Nigeria National Volunteer Service (NNVS) locally

b) Promote Remittances (In Cash & In-Cash & Kind)

c) Get NIDO interested in social-economic –political development of the country, among others

IMPEDIMENTS & CONSTRAINTS ON GOVERNANCE & MANAGEMENT OF ECOWAS PROTOCOLS; EVIDENCE FROM SURVEYS

INADEQUACIES OF SYSTEMS:(I) DOCUMENTATION OF ENTRIES (II) PROBLEMS OF DATA GATHERING AND COMPILATION (III) REGISTRATION OF COMPANIES (IV) RECRUITMENT OF LABOR(V) ISSUANCE OF BUSINESS LICENSES (VI) LEVYING AND COLLECTION OF TAXATION (VII) INABILITY TO REGULARIZE STAY WITHIN SPECIFIED TIME(VIII) POROUS BORDER (IX) NATIONAL LAWS CONTRADICTORY TO COMMUNITY LAWS (X) RETROGRESSIVE LAWS

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Impediments & Constraints on Governance & Management of ECOWAS Protocols; Evidence From Surveys (continued)

(xi) Erection of Many Checkpoints & Toll Gates along Borders and Interstate Regional Highways (xii) Regulations Restricting Non-nationals Engagement in Selected Economic Activities  (xiii) Weaknesses of Statistical & Information Systems (xiv) Mal-practices of Border Authorities  (xv) Inadequate Funding of Activities  (xvi) Lack of Adequate Human Capacity, Infrastructural Facilities & Administration (xvii) Civil Wars; Inter-state Border Disputes (ACBF 2008) 11

CONSEQUENCES OF IMPEDIMENTS & CONSTRAINTS ON GOVERNANCE & MANAGEMENT OF MIGRATION; EVIDENCE FROM SURVEYS: AT LOCAL & REGIONAL LEVELS:

(I) EXPULSIONS:

17TH JANUARY 1983, NIGERIA: - 1ST ULTIMATUM : 2 MILLION ‘ILLEGAL’ ALIENS EXPELLED: GHANAIANS (1.5 MILLION), BENINOISE AND TOGOLESE

1985, NIGERIA: 2ND ULTIMATUM: ‘ILLEGAL’ IMMIGRANTS TO LEAVE MAY 10TH - 150,000 PEOPLE DEPORTED

1992, NIGERIA: 49,273 ILLEGAL ALIENS DEPORTED (AFOLAYAN, ADEJUMOKE 1999)

(II) ABUSE OF EXPATRIATE QUOTA ALLOCATION AND UTILIZATION(LACK OF COMPLIANCE; LACK OF PROPER MONITORING (OKE. M. O. 2009);

MULTINATIONALS COMPANIES BROUGHT IN EXPATRIATES TO TAKE UP JOBS MEANT FOR NIGERIANS, ESPECIALLY IN OIL AND GAS INDUSTRY (VANGUARD 9TH SEPTEMBER, 2004)

IN ESSENCE, FORMAL MIGRATION GOVERNANCE IS EITHER NON-IN –EXISTENCE, OR IF AT ALL EXISTING IS LESS OBVIOUS/NOTICEABLE & AD HOC

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Governance & Management of Refugees, Repatriates & Locally Integrated Persons

Main Actors:United Nations High Commissioner for Refugees (UNHCR) National Commission for Refugees (NCFR)Other Non-Governmental Organizations (NGOs)

Governance & Management of Local Integration Option: Facilitating Migration

(i) Multi-Partite Agreement Signed by Governments of Liberia, Nigeria and Sierra Leone, ECOWAS and UNHCR, August 2007

(ii) 11 International Agencies and 8 sub-national partners – for other socio-economic packages

(iii) A Joint Project (2007-2009) Document: for 2,500 Liberian and 500 Sierra Leonean remaining refugees

(iv) Strategy – Joint Interventions on Legal, Security, Livelihood, Health & Education

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Towards Effective Governance & Management of Migration: Idealizing Migration

Agenda Setting & Issue Definition Building Trust: -

(i) More Frequent Dialoguing & Meetings

(ii) Increasing Understanding of Migration: Clarification of Concepts, Definitions & Terms (iii) Building Capacity: Training of border officials, security personnel

Consensus Building & Position Convergence (iii) Adequate Data should be Aimed at in the Collection, Collation & Publishing Stages

(iv) Adequate Monitoring System on Migration Activities

(v) Harmonizing Regional Position

(vi) Adequate Funding should be provided14

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Towards Effective Governance & Management of Migration: Idealizing Migration: (Cont.)

Changes to Migration & Practice (vii) Constant Review/evaluation of Performance Level

(viii) Changes Introduced to Migration Laws, Protocols etc When Deemed Necessary

(ix) Providing Enabling Environment for Compliance e.g Digitalizing Passport (E-ECOWAS Passport)

(x) Outcome/Communiqué of Ministerial Meetings, Seminars & Workshops to be decisive & Implemented

(xi) Aspiring for Maximum Level of Implementation of Decisions Reached; Protocols/Laws Enacted & Implemented on Time

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Towards Effective Governance & Management of Migration: Idealizing Migration (Cont.)

Partnership between the Diaspora & Home Government

- Ensuring Mutual Trust, Appreciation & Confidence

- Strengthening involvement of the Diasporas in development of source country

- Ending Misruling of the nation

- Restoring the Votes of Nigerians in Diaspora

Effective Management of Data Enabled by Information & Communication Technology

- Labour Migration: in selective recruitment policies, strong marketing, overseas employment strategies

- Providing reliable information to potential & actual migrants (on options, opportunities, & potential risks- towards a more informed & conscious move)

- Promoting more awareness campaigns

- Sharing of Data & Information

- Promoting more data utilization within migration-related activities