Integrating Migration with Development in EAC: Policy Challenges and Recommendations

1. Integrating Migration with Development in EAC: Policy Challenges and Recommendations Presented to the Regional Workshop May 28th, 2010 Nairobi By: John Bosco KANYANGOGA Trade Expert

2. Purpose • Examine EAC Partner States’ policies linking migration with development. • Assess the main impacts of migration on political and socio-economic development in the EAC; • Highlight policy options for development planners in the region for addressing the synergies between migration and development processes; and, • Relatively compare Rwanda’s policies with the EAC regional context in relation to other EAC Partner States.

3. Key Observations • No much information • Study has more focus on Rwanda • Rwanda migration policies are aimed at ensuring economic development – strategic focus on; Investment flows, Tourism and skilled labor (human capacity building) • Situation in the region is somehow smooth (exception of Burundians to Tanzania) • Common Market yet to be implemented

4. Migration and Development • The history of migration is that of people’s struggle to survive and to prosper, to escape insecurity and poverty, and to move in response to opportunity. • Global flows of aid amount to $68.5 billion per year. The United Nations estimates that the MDGs could be met if aid were increased to $100 billion per year.

5. Migration and Development • A slight relaxation of restrictions on the movement of workers – increasing the proportion of migrants in the workforce of developed countries to 3 percent – would deliver global gains of perhaps $150 billion per year. • Remittances sent home by international migrants through official channels currently amount to $93 billion per year; with informal transfers included, remittances are likely to amount to around $300 billion per year.

6. Migration in EAC • Migration issues in East Africa may be traced way back to the pre-colonial era. It was characterized by the non-existence of “boundaries” as we know them today. • There was strong interaction of societies, free movement of persons and goods. • This state of affairs was facilitated by strong cultural and tribal linkages e.g. the Bantus who are found in the Lake Victoria Basin, were (and still are) found in Uganda, Tanzania, Rwanda, Burundi; or the Nilotic, who were found in parts of Southern Kenya and Kilimanjaro region in Tanzania.

7. EAC Treaty • Article 104 of the Treaty provides for Free movement of persons, Labour, Services, Right of Establishment and Residence. • The article goes further to articulate the means by which the partner states are to achieve this objective by: - easing border crossing by citizens of the Partner States - harmonizing and maintaining common employment/labor policies, programs and legislation.

8. EAC Common Market • This provision (Art.104 of the EAC Treaty) was the basis of the Common Market Protocol that was negotiated and signed to ensure effective implementation of this principle. The Protocol is to be implemented in July 2010.

9. Current state of play • Despite the continued measures to improve the situation, the landscape pertaining to migration continues to be far from being as easy going as it was in the pre-colonial and post-independence era. • Migration issues in East Africa today are complex and challenging. They include large mobile population of refugees, internally displaced persons (for some parts of the community for a number of reasons), labor migrants and migrants in an irregular situation.

10. Current state of play • Again, despite the continued efforts to ensure the free movement of people within the region, the situation is not yet as smooth as it is desired to be. • For example, at the time this research was being conducted, Tanzania was charging Visa fees for Burundians entering Tanzania. • Burundians entering Tanzania are subjected to visa fees (that the fees at times vary ranging from 20 USD for people traveling to attend formal meetings and at times 200 USD for business travelers). • This is all despite the fact that Tanzanians entering Burundi are not charged any fee at all.

11. Changing the status quo EAC has particular interest in promoting labor migration for development for two main reasons; • Firstly, migration of skilled workforce from the region will ensure East Africa will harness the benefits of the much needed foreign exchange for the development of the region; and • Secondly, the Labor migration boosts the Partner States efforts to create employment and thus contributes significantly to poverty reduction in the region.

12. Characteristics of Migration in EAC • Like in other places, migration flows heading in the direction of the more developed areas, which for the individual migrant means a paid job or a (well) paying income-generating activity. • However, there are other reasons that may influence migration (civil wars, natural disasters like drought, floods, volcanic eruptions, etc). • Nevertheless, the economic factor is still playing a significant role. • Kenya was taking a big share for destination previously but the trend is slowly changing.

13. Policy and Institutional Framework • Rwanda:Migration issues are handled by the Directorate of Migration and Immigration. The key laws are; Immigration Law, Organic Law relating to Rwandan Nationality and the Presidential Order on acquiring Rwandan Nationality. • Burundi: The requirements for entry in Burundi include; A passport, visa, and evidence of immunization against yellow fever. Only those travelers resident in countries where there is no Burundian embassy are eligible for entry stamps, without a visa, upon arrival at the airport. These entry stamps are not a substitute for a visa, which must be obtained from the Burundi Immigration Service within twenty-four hours of arrival.

14. Policy and Institutional Framework • Uganda:The relevant institution is the Immigration Department which is within the Ministry of Internal Affairs. The Mandate of the Immigration Department is to facilitate, monitor and control the movement of persons (both citizens and non citizens) in and out of Uganda. • Kenya:The migration issues in Kenya are handled by the Department of Immigration. The department operates under; The Kenya Citizenship Act Cap 173, The Immigration Act Cap 172 and the Aliens Restriction Act Cap170 respectively, and the Constitution of Kenya.

15. Policy and Institutional Framework • United Republic of Tanzania:After the Zanzibar Revolution in 1964 and the unification of these two sister countries, Tanganyika and Zanzibar, Immigration matters continued to be regulated by two laws Emigration Control Decree of Zanzibar 1964 and Immigration Act 1963, which was repealed by the Tanzania Immigration Act 1972. • In spite of the union, Immigration and Citizenship laws were not harmonized until 1995, with the coming into force of the Immigration Act No. 7 of 1995 and the Tanzania Citizenship No. 6 of 1995 and their subsequent Regulations.

16. EAC Common Market Protocol The East African Community Common Market Protocol attempts to a establish a legal framework for the free movement of; - goods; - persons; - labor; - services as well as capital; and - The rights of establishment and residence. • The key objective is to accelerate the economic growth and development of the Partner States through the attainment of these freedoms.

17. Common Market Protocol • Within the CM protocol, there are a number of provisions that deal directly and indirectly with the movement of EAC citizens within the EAC Common market. • These include; free movements of: labour, persons and services as well as provisions on the right of establishment and residence.

18. Common Market Protocol Main principles of the Protocol are: • The nondiscrimination of nationals of other Partner States on grounds of nationality • The extension to nationals of other EAC Partner States, treatment not less favorable than that accorded to third parties

19. Migration Policy in Rwanda • The Rwanda Directorate of the Emigration and Immigration is in charge of migration issues. • The Office facilitates movement of persons and investors by issuing visas and work permits. • The Migration policy is a newly prepared document that seeks to fulfill the key tenets of the Rwanda Economic Development and Poverty Reduction (EDPRS) and the vision 2020.

20. Services by the Rwandan Immigration & Emigration Office • Receiving, processing and issuing of travel documents including passports; • Processing and issuing citizenship and nationality to qualified foreigners; • Processing and issuing the work permits and business visas; • Facilitate the entry and exit of people at the airport and border posts; and • Provide national security services related to the movements of people in Rwanda.

21. Migration Policy in Rwanda The policy aims at achieving the following 4 objectives: • Facilitate and encourage tourists to come to Rwanda without any constraint; • Allow the entry of the foreign skilled workers found to be lacking in Rwanda’s labor market; • Allow and facilitate the entry of investors with substantial funds to come and invest in Rwanda • Enable the Rwandan Diaspora to contribute towards national building.

22. Migration Policy in Rwanda The above objectives are focused on three important growth sectors, which are: • Tourism sector; • Skills and human productivity; • Investment development and promotion

23. Lessons from the Rwandan Policy From the analysis of the Rwanda migration policy, there is an enormous economic advantage that accrues to the country which should be replicated by the EAC partner states and these advantages include: • Increased productivity and competitiveness due to skilled work force; • Emigrants are able to share and exchange their best practices and experiences with the local citizens; • There are spillover effects especially in the context of the EAC market; • The change in culture, attitude and mindset towards work and leisure; this is true with Rwandese who have completely adopted the EAC business culture. • The country is now able to attract huge investments especially those in the service sector due to availability of the skilled labor in the country and relaxation of the work permits requirements.

24. Challenges • Laws and policies that are not yet harmonized • Some of the commitments not implemented • Infrastructure bottlenecks still limiting movements • Even the Common Market sets requirements

25. Policy Recommendations • Facilitating labor mobility in regional integration; • Removing visa fees and other restrictions; • Establishing an informed and transparent labor migration system; • Enforcement of labor standards in all sectors of activity; • Preventing discrimination and xenophobia; • Ensure full and effective implementation of the EAC Common Market Protocol.

26. Workshop Recommendations • Enhance skills development for domestic market & export • Need for another comprehensive study on the gains • Embracing a culture of competition • Encouraging cultural and linguistic integration • Promoting cross-border development projects • Need to investigate on visa fees for Burundians to Tanzania • Need a platform for government & civil society • Harmonization & mutual recognition • Study should be foundation for more

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