5. An analysis of the ECOWAS legal and policy framework 5.1. Freedom of movement, residence and establishment The first treaty to establish the Economic Community of West African States (ECOWAS) was signed in Lagos on 28 May 1975, after more than a decade’s discussion around the necessity and mandate of such a body. Among other provisions aimed at supporting the overall objective “to promote cooperation and development in all the fields of economic activity” was the ambition to abolish by stages all obstacles to the free movement of persons, services and capital.270 In Chapter IV of the treaty it was provided that “Citizens of Member States shall be regarded as Community citizens and accordingly Member States undertake to abolish all obstacles to their freedom of movement and residence within the Community.” The measures to promote this outcome include removal of visitors’ and residence permits and permission to work and establish businesses.271 Today, ECOWAS has fifteen members: Benin, Burkina Faso, Cape Verde, Côte d'Ivoire, Gambia, Ghana, Guinea, Guinea-Bissau, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone and Togo. In 1979, the heads of state adopted the Protocol to the Treaty Relating to Free movement of Persons, the Right of Residence and Establishment; it entered into force in 1980. The protocol envisaged that the right of entry, residence and establishment would be accomplished within fifteen years, in phases of five years each, with the first phase of visa-free entry for 90 days to come into force immediately. According to the Protocol, “‘A citizen of the Community’ means a citizen of any Member State”.272 The ECOWAS Authority (the meeting of heads of state and government) has adopted several supplementary protocols to the original protocol, relating to the carrying out of its phased programme: a code of conduct for implementation (1985);273 the right of residence (1986);274 and the right of establishment (1990).275 There are also several decisions by the Authority: on travel certificates,276 on residence cards,277 and on harmonised immigration and emigration forms.278 In 2000, it was decided to adopt a common format passport.279 The eight member states (seven francophone and one lusophone280) of the West African Economic and Monetary Union (known by its French acronym, UEMOA), all of whom are also ECOWAS members, have separate agreements on 270 ECOWAS Treaty, 1975, Article 2(1). ECOWAS Treaty, 1975, Article 27. 272 Protocol A/P.1/5/79 Relating to Free Movement of Persons, the Right of Residence, and Establishment, Article 1 and 3. 273 Supplementary Protocol A/SP.1/7/85 on the Code of Conduct for the Implementation of the Protocol on Free Movement of Persons, the Right of Residence and Establishment. 274 Supplementary Protocol A/SP/.1/7/86 on the Second Phase (Right of Residence) of the Protocol on Free Movement of Persons, the Right of Residence and Establishment. 275 Supplementary Protocol A/SP.2/5/90 on the Implementation of the Third Phase (Right of Establishment) of the Protocol on Free Movement of Persons, Right of Residence and Establishment. 276 Decision A/DEC.2/7/85 of the Authority of the Heads of State and Government of ECOWAS relating to the Establishment of ECOWAS Travel Certificates for Member States. 277 Decision A/DEC.2/5/90 establishing a Residence Card in ECOWAS Member States. 278 Decision C/DEC.3/12/92 on the Introduction of a Harmonised Immigration and Emigration Form in ECOWAS Member States. All these texts are reproduced in An ECOWAS Compendium on Free Movement, Right of Residence and Establishment, March 1999, available in print form and online at http://www.comm.ecowas.int/sec/index.php?id=publicat-1&lang=en, last accessed 03 April 2014. 279 Decision C/DEC.1/5/2000 on the adoption of an ECOWAS Passport. 280 Benin, Burkina Faso, Côte d'Ivoire, Guinea-Bissau, Mali, Niger, Sénégal and Togo. 271 81