42. Article 104 (1) of the Treaty provides that;
“The Partner States agree to adopt measures to achieve the free
movement of persons, labour and services and to ensure the
enjoyment of the right of establishment and residence of their
citizens within the community.”
It provides, in 104 (2) that;
“For purposes of this Article, the Partner States agree to conclude a
Protocol on the Free Movement of Persons, Labour, Services, and Right
of Establishment and Residence at a time to be determined by the
Council.” That was November 30th 1999.
43. On 20th November 2009, the Protocol envisaged in 104 (2) came into force.
The object of its Article 7 is “Free Movement of Persons”. The Article then
provides as under;
“7 (1) The Partner States hereby guarantee the free movement of
persons who are citizens of other Partner States within their
territories.
7(2) In accordance with paragraph 1, each Partner State shall
ensure non-discrimination of the citizens of the other Partner State
based on their nationalities by ensuring:
a) the entry of citizens of other Partner States into the territory of
the Partner State without a visa
b) the free movement of persons who are citizens of the other
Partner State within the territory of the Partner State
c) that the citizens of the other Partner States are allowed to stay
in the territory of the Partner State, and
REFERENCE NO.5 OF 2011
Page 24