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Integrating Migration with Development in EAC: Policy Challenges and Recommendations


Integrating Migration with Development in EAC: Policy Challenges and Recommendations Presented to the Regional Workshop May 28th, 2010 Nairobi By: John Bosco KANYANGOGA – PowerPoint PPT presentation

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Title: Integrating Migration with Development in EAC: Policy Challenges and Recommendations

Integrating Migration with Development in EAC
Policy Challenges and Recommendations
Presented to the Regional Workshop May 28th,
2010 Nairobi By John Bosco KANYANGOGA Trade
  • 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 Rwandas policies with the EAC
    regional context in relation to other EAC Partner

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

Migration and Development
  • The history of migration is that of peoples
    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.

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.

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

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
  • Partner States
  • - harmonizing and maintaining common
  • employment/labor policies, programs and
  • legislation.

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.

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
  • 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.

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
  • This is all despite the fact that Tanzanians
    entering Burundi are not charged any fee at all.

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.

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.

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

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.

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.

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
  • The key objective is to accelerate the economic
    growth and development of the Partner States
    through the attainment of these freedoms.

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.

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

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.

Services by the Rwandan Immigration Emigration
  • 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.

Migration Policy in Rwanda
  • The policy aims at achieving the following 4
  • Facilitate and encourage tourists to come to
    Rwanda without any constraint
  • Allow the entry of the foreign skilled workers
    found to be lacking in Rwandas 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.

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

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
  • 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

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

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

Workshop Recommendations
  • Enhance skills development for domestic market
  • 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