PROTOCOL TO THE TREATY ESTABLISHING THE AFRICAN ECONOMIC
COMMUNITY RELATING TO FREE MOVEMENT OF PERSONS, RIGHT OF
RESIDENCE AND RIGHT OF ESTABLISHMENT
PREAMBLE
We, the Heads of State and Government of the Member States of the African Union;
RECALLING our commitment to conclude a Protocol on the free movement of persons,
tight
of
residence
and
right
of
establishment,
under
article
43(2)
of
the
Treaty
Establishing the African Economic Community, which was adopted in Abuja, Nigeria on
34 June, 1991 and entered into force on 12" May, 1994;
MINDFUL ofarticle3(a) of the Constitutive Act of the African Union which promotes the
achievement of greater unity and solidarity between the African countries and the
people of Africa; and the Treaty Establishing the African Economic Community which
promotes economic, social and cultural development and the integration of African
economies;
REITERATING
our shared values which promote the protection of human and people’s
rights as provided in the Universal Declaration of Human Rights of 1948 and the African
Charter on Human and Peoples Rights which guarantees the right of an individual to
freedom of movement and residence;
GUIDED by our common vision for an integrated, people-centered and politically united
continent and our commitment to free movement of people, goods and services
amongst the Member States as an enduring dedication to Pan Africanism and African
integration as reflected in Aspiration 2 of the African Union Agenda 2063;
RECALLING our commitment under article 4 (2)(i) of the Treaty Establishing the African
Economic Community, to gradually remove obstacles to the free movement of persons,
goods, services and capital and the right of residence and establishment among
Member States;
BEARING IN MIND the strategies of the Migration Policy Framework for Africa adopted
in Banjul, in The Gambia
in 2006 which
encourage
Regional
Economic
Communities
and their Member States to consider the adoption and implementation of appropriate
protocols in order to progressively achieve the free movement of persons and to ensure
the
enjoyment
of
the
right
of
employment in the host countries;
residence,
establishment
and
access
to
gainful
RECOGNIZING the contribution and building on the achievements of the Regional
Economic
Communities
and
other
intergovernmental
organizations
towards
progressively achieving the free movement of persons and ensuring the enjoyment of
the right of residence and the right of establishment by citizens of Member States;