In the same vein, the Article 12 of the International Covenant on Civil and Political Rights
stipulates that: "(2) Everyone shall be free to leave any country, including his own. (3)The
above-mentioned rights shall not be subject to any restrictions except when they are
provided in the law and are necessary to protect national security, public order, public
health or morals or the rights and freedoms of others, and are consistent with the
other rights recognized in the present Covenant." (Bold is ours)
Article 1 (h) of ECOWAS Supplementary Protocol A/SP1/12/01, on Democracy and Good
Governance, determines that: "The rights set out in the African Charter on Human and
People’s Rights and other international instruments shall be guaranteed in each of the
ECOWAS Member States; each individual or organisation shall be free to have recourse
to the common or civil law courts, a court of special jurisdiction, or any other national
institution established within the framework of an international instrument on Human
Rights, to ensure the protection of his/her rights. In the absence of a court of special
jurisdiction, the present Supplementary Protocol shall be regarded as giving the
necessary powers to common or civil law judicial bodies."
In addition to the above provisions, it should be noted that one of the fundamental ideas
of ECOWAS, of which the Defendant State is a member, is that of "a borderless
ECOWAS", wherefore the management of immigration and borders is deeply rooted in
the overall raison d'être of the Community.
The ECOWAS, anchored in the 1975 Treaty, with the aim of progressively strengthening
cooperation between Member States through the free movement of goods, capital and
people, and thus helping to consolidate the peace, stability and security of the region,
adopted the Protocol on the Free Movement of Persons, Residence and Establishment
(1979), which was later expanded by four supplementary protocols.
The aforementioned Protocol, the ECOWAS Revised Treaty of 1993 and the Protocol on
the Mechanism for Conflict Prevention, Management, Resolution, Peace-keeping and
Security (1999), form the basis of the legal framework for the management of
immigration and the borders within ECOWAS.
Thus, the ECOWAS Revised Treaty (1993) provides that "abolition, among Member
States, of customs duties levied on imports and exports, and the abolition, among
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