An Examination of the Implementation of the Ecowas Protocol on Free Movement of Persons, Right of Residence and Establishment in Ghana

Abstract

Africa’s pursuit of economic integration has been advanced through Regional Economic Communities (RECs), which function to remove barriers to the movement of persons, goods, and capital. Within this architecture, the Economic Community of West African States (ECOWAS) adopted the 1979 Protocol on Free Movement of Persons, Right of Residence, and Establishment, operationalized in three phases: the abolition of visa requirements, the granting of residence rights, and the facilitation of establishment rights. As a key member of ECOWAS, Ghana has successfully implemented visa-free entry but continues to face challenges in realizing the rights of residence and establishment. While existing literature identifies these difficulties, limited attention has been paid to the domestic policy environment, institutional arrangements, and legal frameworks mediating implementation. Drawing on regime theory—which explains how norms, principles, and rules shape state compliance—this study examines how national-level dynamics influence Ghana’s adherence to supranational migration obligations. A qualitative design, incorporating documentary review and semi-structured interviews, was employed to analyse operational mechanisms and the lived experiences of ECOWAS nationals in Ghana. Findings indicate, first, that Ghana has established legal and institutional frameworks to support implementation of the free movement protocol. However, public awareness of these provisions remains low. The study also reveals disparities in knowledge regarding residence permit procedures, with skilled migrants demonstrating higher awareness due to formal and traceable employment structures, while informal workers exhibit limited understanding. Implementation is further constrained by corruption, extortion at borders, organized crime, and evolving security concerns. This research contributes to knowledge by extending regime-theoretical explanations of compliance gaps, providing empirical insight into migrant experiences, and offering policy relevant recommendations. Harmonization of domestic law with ECOWAS provisions, expanded official entry points, and targeted capacity-building for border officials are proposed to strengthen implementation and deepen regional integration.