Just as you regularly meet uber drivers in Zimbabwe, South Africa, it is not uncommon to find Ugandan taxi drivers in Kigali, the Rwandan capital. But there is a big difference. Ugandans working in Rwanda are likely likely to have a safe legal right to be there, whereas Zimbabweans working in South Africa are often uncertain about current or future legality.
East Africa has made greater strides towards a free flow of people seeking jobs across borders than most of Africa. Only the economic communities of West African countries (ECOWAS) are in the same league.
While the African Union's free movement protocols are upset at the continental level, some local economic communities are progressing. The South African Development Community (SADC) allows visa-free travel across almost all borders.
ECOWAS and the East African Community (EAC) have ambitiously pushed towards the regional common market, including cross-border employment, housing reconciliation and the liberation of business development in member states.
The New South Institute, a think tank focused on global South governance reform, is approaching the conclusion of its research programme on migrant governance reform in Africa. Our new report is about East Africa.
Unlike many of the Global North, the African continent is found to be heading towards more open borders for its people. In some of the global South, the promise of economic growth outweighs political fears. However, progress is slow and unadjusted. Most immigration reforms occur between the region and its neighbors.
The advancement of East African communities is particularly noticeable compared to other local communities in Africa. We identify several reasons for this, including strong leadership and cooperation between states and non-state actors.
Commitment to the freedom movement
The East African community adopted a common market protocol in 2010. The block consists of Tanzania, Uganda, Kenya, Rwanda, Burundi, South Sudan, DRC and Somalia.
Regional Common Market Agreements include the movement of goods, services, capital and people. It gives people the right to find the right to employment, residence and business across borders, at least on paper. There is also a commitment to harmonization and mutual recognition of academic and professional qualifications and labor policies to mitigate mobility.
Even before general market protocols, local blocks began establishing one-stop border posts at many of their internal boundaries to promote the flow of goods and people. They don't all work the same way or the same, but they have managed to ease the movement.
Uneven results
The impact of the common market on people's movements is uneven within the region. Most integrations allow transnational movement of citizens with standardized identity documents in Uganda, Kenya and Rwanda. No passport is required.
It's also relatively easy to get jobs across these borders.
Tanzania and Burundi are located near the inner circle, but there is no visa, but a passport is still required. Three recently joined states, South Sudan, DRC and Somalia, are all vulnerable states with governance systems that do not always meet the criteria necessary for accepting all privileges in the regional bloc.
In reality, there are discriminatory treatments. In general, it is more difficult for three latecomers to get jobs by regularly accessing local partners.
With regard to mobility of people, there is little progress made in the formal harmony of education, health and social welfare systems between member states. This hinders job search across borders.
Furthermore, national labor laws, which tend to require permission from foreigners, still apply to varying degrees of the region. Some countries are more tolerant. For example, Kenya, Uganda and Rwanda have mutual unpublished work permit agreements.
Another drawback is that the outcome of the court process in implementing freedom of movement was disappointing. This is true despite the regional bloc having an aggressive judicial court in East Africa. Its legal duties include enforcement of the bloc's treaties and its protocols.
In some cases, the courts have found that state actions that hinder people's movements have been won by local protocols. It directed to follow the false government. However, the ability to implement decisions is minimal.
Reasons for success
Leadership is important. The fact that Kenya, the region's most powerful economy, is part of the major Echelon.
Rwanda and Uganda also set examples. Rwanda was one of the first countries on the continent to offer visa-free admission to all other African countries. Uganda has been widely praised for its refugee inclusion programme.
Another factor outlined in our report was the opportunity for cooperation encouraged by relationships between formal institutions such as governments and non-state actors such as international migrant agencies. The interaction between these various players has created an opportunity for local state officials and policymakers to meet issues of concern, discuss issues of concern, and build a relationship of trust and understanding.
Another non-state donor-funded actor, Trademark Africa, founded in 2010 to help implement the East African Common Market, provided considerable support. For example, we have supported implementing a regional one-stop border post program.
Progress
Based on the report, we identified changes that could make a positive difference.
First, the development of a reliable local harmony system for collecting and managing data on population movement and employment. This builds confidence that policies are being created based on trustworthy information.
Second, there is a decrease in friction in cross-border financial transactions, including migrant remittances. This will allow immigrants to make a portion of their income easier to the country they come from.
Third, improvements to population registration, identity documents, passports and cross-border transition management systems. Improvements will pave the way for further commitment to building mutual trust in the integrity of the system and lowering mobility barriers.
Fourth, cooperation on cross-border access to social services such as health and education. This is one of the most important intermediate steps to unlock the mobility of local citizens.
Fifth, reconsider some of the amendments made in 2007 to undermine the East African Court of Justice. This strengthens the authority of the courts des Jures and adds considerably to the establishment of cross-border rights in the region.
Ultimately, a key constraint in the region is political and security instability, which hinders social and economic development. Nevertheless, despite the problems in vulnerable states, advances in increasing mobility are possible despite the potential to lead to asymmetric progress within East African communities.
