• Mobility
• Circular migration: the new paradigm
• Related initiatives
• Further reading (soon available)

Mobility

The Partnership aims to facilitate mobility and free movement of people in Africa and the EU and better manage legal migration between the two continents, including by facilitating circular migration between the two continents.

• Mobility within Africa
• Mobility to the EU
• Mobility within the EU

1. Mobility within Africa

Determined to put mobility at the heart of regional integration, governments and regional entities are becoming more and more engaged in ensuring, sound and good regulation of movements within their respective territories through harmonized frameworks. Regional Economic Communities (RECs) -CEN-SAD, COMESA, EAC, ECCAS, ECOWAS, IGAD, SADC, AMU- have aimed, amongst other objectives, to move towards freedom of movement and residence within their sub-region and its implementation in a progressive manner. Indeed, in each of the integrated spaces, a protocol on free movement of people or at least on its facilitation has been adopted. These protocols support the African Union’s efforts to encourage the free movement of people across the continent, and it considers these measures as a stepping stone to ensuring full mobility of individuals in the future African Economic Community.

Some communities such as the Economic Community of West African States (ECOWAS) and the East African Community (EAC) have reached high levels of harmonization of policies on mobility in their area.

In ECOWAS, full mobility of citizens is a reality thanks to a Protocol on Free Movement of Persons and the Right of Residence and Establishment, adopted in 1979 by its member states and entering into force in 1980. This includes freedom of movement of people, a common passport and the right of residence and establishment. Community citizens in possession of valid travel documents may enter and settle in other Member States without visas. Its second phase, devoted to the Right of Residence, entered into force in July 1986 and with the Revised Treaty of 1992, the right of citizens of the community to enter and settle in other member states was affirmed.

ECOWAS passports have gradually replaced national ones and border procedures have been progressively upgraded. In West Africa Economic and Monetary Union (WAEMU) area, a national identity card is sufficient for border crossings. In order to facilitate mobility of people across borders, ECOWAS’s travelers checks have been designed and the goal of creating  a common currency by 2020 has been set. National legislations, work codes and investment that prevented foreigners from participating in certain economic activities have been aligned with sub-regional and regional treaties in order to ensure the rights of migrant workers in host countries.

For EAC, a protocol on free movement of people including their right of establishment and residence was developed with the International Labour Organisation (ILO) in the context of a project called ‘Labor Migration for Integration and Development’, funded by the EU. Later the entry into force of the Protocol on the Common Market, in 2010, allowed the free movement of people between the boundaries of its five member states.

The other RECs are also committed to facilitating mobility within their regional entity by adopting protocols on free movement of persons or on its facilitation. This is the case of the Southern Africa Development Community (SADC), Economic Community of Central African States (ECCAS), the Common Market for Eastern and Southern Africa (COMESA), the Intergovernmental Authority for Development in East Africa (IGAD), the Community of Sahel-Saharan States (CEN-SAD) and the Arab Maghreb Union (AMU). Yet for all these communities, the objective of ensuring free movement of persons enrolled in their respective constitutive treaties remains in the state of negotiations.

For example, in the SADC, , the Protocol on Free Movement of Persons of 1995 which was not supported by some Member States was replaced in 2005 by a Protocol on the Facilitation of Movement of Persons. The coming into force of this new protocol is still delayed because the  free movement has always been an issue which raises many controversies in SADC.

The free movement of people within Africa is a key long-term goal for the African Union. It also remains a strong ambition on the continent shared by member states, as shown by the many treaties of regional organisations which proclaim this objective. In addition to the willingness for gradual facilitation or complete removal of barriers to free movement of persons shown by each REC, some African countries - although not belonging to the same economic community space – are developing bilateral agreements on facilitation of people’s mobility. Some examples of bilateral agreements on free movement of persons include specifically South Africa-Lesotho, Morocco-Senegal, Libya-Tunisia, etc...

2. Mobility to the EU

Cooperation on visa issues is aimed at facilitating mobility between Europe and Africa. The EU Member States which are part of the Schengen area have a common short term ‘schengen’ visa policy (90 days).

As regards long-term stays, the Council of the EU has the authority to adopt measures on “the conditions of entry and residence, and standards on the issue by Member States of long-term visas and residence permits, including those for the purpose of family reunification” (article 79(2) of the Treaty on the functioning of the EU). Harmonisation at EU level addresses conditions for entry and residence to Schengen countries without prejudice to more favourable conditions in EU Member States’ legislations or agreements. Member states however retain the sole authority over the numbers of economic migrants that they admit into their territories.

After five years of continuous legal residence in a Member State, migrants can be granted long-term resident status. Long-term residents enjoy a legal status comparable to that of EU citizens, as they have similar access to labour markets, education and vocational training, social protection and assistance, goods and services etc. 

The EU directive on the right to family reunificationdetermines the basic conditions under which family members may join a third-country national already lawfully residing in the EU. The Directive applies to those holding a residence permit issued by a Member State for at least one year or more who have "reasonable prospects of obtaining the right of permanent residence". Family members entitled to join the sponsor should be the sponsor’s spouse and minor children. Member States may extend this right to other family members, and add further admission criteria (accommodation, stable resources, integration and a two year waiting period). Family members have the same access to labour markets as their sponsor.

In 2004, EU Member States requested the EC to propose a policy plan on legal migration, including admission procedures capable of responding promptly to fluctuating demands for migrant labour in the labour market”. The 2005 Policy plan on legal migration proposes among other measures to develop a common framework on conditions of entry and residence of selected categories of migrants. Besides a general framework directive on all migrant workers, directives on highly-skilled, seasonal workers, intra-corporate transferees and remunerated trainees would complete the existing framework on mobility of students and researchers.

In this context, ‘Blue card directive’ on highly-skilled migrants was adopted in May 2009. Member States have two years to transpose it into their domestic law. Workers admitted under these schemes will benefit from a fast-track admission procedure and receive a special residence and work permit, called the "EU Blue Card", entitling them to a series of socio-economic rights and to favorable conditions for family reunification. Some concerns were raised as regards the fact that highly qualified migrant workers would receive more generous treatment than other migrant workers as well as the side effects of such directive on the brain drain issue in Africa.

For more information on national and EU migration law visit the website of the EU immigration portal (soon available). 

3. Mobility within the EU

Free movement of persons, services and establishment is granted to EU citizens. The right to intra-EU mobility of EU citizens and their relatives is ruled by the Directive 2004/38 EC on the right of citizens and their family members to move and reside freely within the territory of the Member States.

The issue of the mobility of third country nationals is ruled by different directives. The directives on long term residents, highly-skilled, students and researchers grant these categories of migrants the right to move to another Member State together with their relatives under certain conditions. Futhermore, all third country nationals benefit from the same conditions as EU citizens in terms of portability of social benefits within the EU (see Council Regulation EC/859/2003).

Circular migration: the new paradigm

To a certain extent, spontaneous and unregulated circular migration patterns have always existed. The main concern underlying the current debate is to find better ways to manage circularity within a legal framework, in order to benefit all stakeholders, resulting in a so-called “triple win situation”:

• Destination countries may respond to specific labour market needs;
• Countries of origin may reduce, to a certain extent, labour market pressure and benefit from the transfer of skills and capital (these benefits may however be reduced if skilled migrants are engaged in jobs below their skills level in the country of destination, causing the so-called “brain waste” effect);
• Individual migrants and their families may improve their living conditions and prospects, acquire new skills and resources, while maintaining their transnational links.

Fostering such ‘circular migration’ between the EU and Africa is one of the key objectives of the Partnership.

In the EU discourse circular migration encompasses two different forms of movement: 1) Persons residing in a third country who come to the EU temporarily, mainly for work or study; and

2) Persons settled in the EU that engage in a temporary activity (business, professional, voluntary or other) in their country of origin, while retaining their main residence in one of the Member States.

The first type of movement is particularly common in seasonal sectors, such as agriculture and tourism. When circularity occurs in the framework of seasonal work schemes, migrants are likely to be repeatedly recruited over time, once a stable relationship of trust has been established with the employer. In this context, a new directive on conditions of entry and residence for seasonal employment is currently being negotiated to ensure appropriate working conditions for seasonal workers and facilitate re-entry by issuing multi-seasonal permits or applying a facilitated re-entry procedure. Several EU Member States (e.g. Spain, Portugal, Italy and France) have introduced multiple entry permits or developed re-entry procedures to promote circular migration.

On the one hand, this type of temporary migration may mitigate certain negative social consequences of migration, such as those experienced by the families staying at home. This migration scheme allows migrants to reap economic benefits from labour migration and keep ties with their families and communities. On the other hand, it may trigger significant changes in the traditional roles and dynamics of the community or country of origin, as family members that stay behind take on new roles and the society is subject to outside influences. It raises as well the risk of an increased vulnerability for the migrant in case the temporary nature of the migratory movement negatively impacts on the rights to which he is entitled.

The second type of movement reflects the growing tendency for diaspora members to contribute to the development of their country of origin through temporary return and investment. These practices may foster trade, enterprise networks and investment, and contribute to the creation of employment in the countries of origin. These voluntary initiatives can be encouraged through targeted national policies in the country of origin, which will enhance their impact on development. These policies should be synergised with other development interventions, such as those aimed at improving the business environment and the private sector.

Migrants who have acquired a stable legal status in the receiving country are more likely to engage in such circular migration, as they do not face restrictions to move back and forth between host and home country, and can therefore continue to be involved in the communities of both countries. This secure legal status can be ensured by different sets of legal frameworks, such as multiple entry visas, provisions allowing migrants to leave the country of residence without losing their legal status, permanent residency, long term resident status and dual citizenship, when recognised.

Related initiatives

Providing appropriate pre-departure training (language training, culture awareness courses, vocational training) and assistance to potential migrants is an essential part of the migration process. Among the tools used to attain such objectives figures the establishment of Migration Information and Management Centres, an instrument to better manage labour mobility in Africa, and between Africa and the EU. In this framework, the EU supported the creation of a Migration Information and Management Centre in Mali. See the CIGEM website.

Initiatives are put in place to facilitate the mobility of diaspora members to allow them to act as development agents. Measures to encourage their mobility include institutional joint programmes between schools, hospitals, companies; pre-return information and support concerning investment opportunities; and strategies and programmes set up by the country of origin to maintain communication with the diaspora and attract diaspora members.

Two well known programmes through which members of diaspora contribute to the development of their countries are the following:

• The MIDA programme, run by the International Organisation for Migration (IOM), is a capacity building programme, geared towards the transfer of knowledge, know-how, expertise, and financial and other resources, of the Africa’s diaspora to Africa, to meet identified skill gaps. It offers more options than simply definitive return, as for example temporary returns, short consultancies and “virtual return”, using existing technology for providing support to universities, schools and private companies.
• A similar approach is adopted by the TOKTEN (Transfer of Knowledge through Expatriate Nationals) programme, implemented by UNDP. TOKTEN consultants are expatriates from developing countries who volunteer to return to their country of origin for short periods of time (lasting between two weeks to three months) to share the expertise they have gained abroad in research, academic, public or private institutions.

Further reading (soon available)

EC 2007 Communication on circular migration and mobility partnerships