ECOWAS – Supplementary Protocol A/SP1/6/89 Amending and Complementing the Provisions of Article 7 of the Protocol on Free Movement, Right of Residence and Establishment
This document was adopted on 13 June 1989 in Ouagadougou, Burkina Faso. It is mainly an amendment of the Article 7 on the Protocol A/PI/5/79 on Free Movement of Persons, the Right of Residence and Establishment.
The initial Article reads, “Any dispute that may arise among Member States regarding the interpretation or application of this Protocol shall be amicably settled by direct agreement. In the event of failure to settle such disputes, the matter may be referred to the Tribunal of the Community by a party to such disputes and the decision of the Tribunal shall be final.”
In place of the above stated, the amended article reads in the first paragraph:
“1. Any dispute that may arise among Member States regarding the interpretation and application of this Protocol shall be amicably settled by direct agreement.”
The second paragraph stipulates that, “In the event of failure to settle such a dispute amicably, the Chairman of the Authority of Heads of State and Government may upon receiving a complaint from a Member State of the Community of systematic or serious violations of the provisions of the Protocols on Free Movement of Persons, the Right of Residence and Establishment on the part of another Member State, request the Executive Secretary to urgently dispatch to the Member States concerned a fact finding mission comprising officials from at least three Member States, acceptable to the parties concerned, and officials of the Executive Secretariat, to investigate the complaint.
A report shall be compiled by the fact-finding mission and submitted by the Executive Secretary to the Chairman of the Authority of Heads of State and Government, and to the Government of all Member States with a view to finding appropriate solutions to the problems identified.”
Fifteen Member States namely Benin, Burkina Faso, Ghana, Cape Verde, Guinea, Côte d’Ivoire, Guinea Bissau, Gambia, Liberia, Niger, Mali, Nigeria, Senegal, Sierra Leone and Togo signed for the adoption of this protocol.
Date of publication: 13 June 1989
Theme: ECOWAS Frameworks
Type: ECOWAS Protocol
Source: ECOWAS Library and Documentation Centre