A Critical Analysis of the Implementation of Migration Law and Regulations in East Africa: the Case of Regulations on Free Movement of Persons

Abstract

This study critically analyzes the implementation of migration law on free movement of persons in East Africa herein contained in the Protocol Establishing the East African Common Market. This study recognizes this Protocol as the only regional attempt to establish a regional migration law in East Africa. This study further reveals that notwithstanding the weaknesses inherent in this law, the established law is itself not substantive enough as its implementation is guided by individual state will and practice. It is this individual state will and practice that is the source of disharmonies in management of migration in the region since all the states are not compelled or sanctioned to implement it owing to their sovereignty. This sovereignty is used to exclude certain groups of individuals from the national boundaries of respective states. At the same time, this has left migration practice to individual state discretion which is the source of rigidities, bureaucracy and back-passing over migration issues. It is further noted in the study that the established law covers only one aspect of migration by addressing itself to nationals of East Africa while leaving out non-East Africans who are important to the region to individual state discretion. This study also takes note of the little research done into migration law in East Africa. The little research shows how misunderstood migration law is in the region. This study relies on both primary and secondary data. Primary data will be sourced from interviews with relevant resource persons in immigration. Secondary data will be sourced from academic journals, books, magazines, electronic media and the internet.