A Critical Analysis of the Implementation of Migration Law and Regulations in East Africa: the Case of Regulations on Free Movement of Persons
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Date
2013Author
Shiraku, Rodgers M
Type
ThesisLanguage
enMetadata
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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.
Citation
Shiraku Mutende Rodgers (2013). A Critical Analysis Of The Implementation Of Migration Law And Regulations In East Africa: The Case Of Regulations On Free Movement Of Persons, Masters Of ArtsPublisher
University of Nairobi School of Arts