Togo/Côte d'Ivoire: The status, rights and obligations of a citizen of a Francophone country in West Africa, especially a citizen of Togo and/or citizen of a member country of the Economic Community of West African States (ECOWAS), who resided in Côte d'Ivoire from 1982 to the present day

In a letter to the Research Directorate, the ambassador of Côte d'Ivoire in Ottawa stated that [translation] "nationals of an ECOWAS member country may enter and reside without a visa in another ECOWAS member country" (16 Apr. 2002). The ambassador also referred the Research Directorate to the attached Protocol A/P.1/5/79 Relating to Free Movement of Persons, Residence and Establishment.

A copy of the Supplementary Protocol A/SP.2/5/90 on the Implementation of the Third Phase (Rights of Establishment) of the Protocol on Free Movement of Persons, Right of Residence and Establishment, found on the ECOWAS Website, is also attached.

Particularly, articles 18 and 19 of Decision A/Dec.2/5/90 Establishing A Residence Card in ECOWAS Member States (also attached to this response) stipulate the following:

Article 18:

With the exception of political rights, nationals of ECOWAS Member States shall enjoy the same rights and liberties as nationals of the host country, particularly those contained in the Universal Declaration of Human Rights.

Article 19:

The rights and liberties referred to above do not in any way affect the sovereign right of a Member State to expel nationals of another Member State whose situation is irregular as unacceptable migrants. Such expulsion shall be conducted in accordance with conditions stipulated in the relevant texts in force within the Community.

The 15 West African countries that constitute the ECOWAS are Benin, Burkina Faso, Cape Verde, Côte d'Ivoire, Gambia, Ghana, Guinea, Guinea-Bissau, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone and Togo (ECOWAS 16 Feb. 2001).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

The Economic Community of West African States (ECOWAS). 16 February 2001. "ECOWAS Members States." [Accessed 18 Apr. 2002]

_____. 30 May 1990. Decision A/Dec.2/5/90 Establishing A Residence Card in ECOWAS Member States. [Accessed 16 Apr. 2002]

_____. 30 May 1990. Supplementary Protocol A/SP.2/5/90 on the Implementation of the Third Phase (Rights of Establishment) of the Protocol on Free Movement of Persons, Right of Residence and Establishment. [Accessed 16 Apr. 2002]

_____. 29 May 1979. Protocol A/P.1/5/79 Relating to Free Movement of Persons Residence and Establishment. [Accessed 16 Apr. 2002]

Embassy of Côte d'Ivoire, Ottawa. 16 April 2002. Letter sent to the Research Directorate by the Ambassador.

Attachments

The Economic Community of West African States (ECOWAS). 30 May 1990. Decision A/Dec.2/5/90 Establishing A Residence Card in ECOWAS Member States. [Accessed 16 Apr. 2002], pp. 1-5.

_____. 30 May 1990. Supplementary Protocol A/SP. 2/5/90 on the Implementation of the Third Phase (Rights of Establishment) of the Protocol on Free Movement of Persons, Right of Residence and Establishment. [Accessed 16 Apr. 2002], pp. 1-7.

_____. 29 May 1979. Protocol A/P.1/5/79 Relating to Free Movement of Persons Residence and Establishment. [Accessed 16 Apr. 2002], pp. 1- 4.

Additional Sources Consulted

No response to an 11 April 2002 letter requesting information to the ECOWAS Executive Secretariat has been received yet.

REFWORLD.