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Annex on the Free Movement of Persons PDF Print E-mail

In the Protocol, the right to free movement of persons entails the abolition of any discrimination based on nationality. The right to free movement of persons include: the right to enter the territory of a Partner State without a visa; the right to move freely within the territory of a Partner State; the right to stay in the territory of a Partner State; the right to exit without restrictions; and the right to full protection by the laws of a Partner State.

To facilitate  such  entries and exits, Partner States  undertake  on reciprocal basis  to keep  opened  and manned  their border  posts for 24 hours, that is on 24/7 basis. The Partner States shall also, (but only) in accordance with their national laws, guarantee the protection of the citizens of the other Partner States while in their territories. Hence, the free movement of persons shall not exempt from prosecution or extradition, a national of a Partner State who commits a crime in another Partner State.

The enjoyment of the rights shall be subject to limitations justified on grounds of public policy, public security or public health. A Partner State imposing such limitation shall be obliged to notify the other Partner States accordingly. The movement of refugees within the Community shall be governed by the relevant international conventions.

Standard Identification and Travel Documents

East African citizens’ identification and standard travel documents as provided under Articles 8 and 9 grant that the Partner States shall establish a common standard system of issuing national identification documents to their nationals which shall be the basis for identifying the citizens of the Partner States within the Community.

A pass issued free of charge entitles one to stay for up to six months. Student pass shall be issued free of charge and renewed annually over the duration of the study. Partner States which have agreed to use machine-readable and electronic national identity cards as travel documents may do so and shall work out the necessary modalities.

*Important to note

The Republic of Rwanda has enacted a new immigration law (No 19/2011) which encompasses all provisions of the Common Market Protocol with regard to the free movement of persons and labour.

The Republic of Kenya also repealed the following laws that were inhibiting free movement of persons; Immigration Act (Cap 172), Alien Restriction Act (Cap 173) and Visa Regulations. These laws were replaced by the following new laws: Kenya Citizenship and Immigration Act No. 12 of 2011 and Kenya Citizens and Foreign Nationals Management Act No.31 of 2011.

The Republics of Kenya, Rwanda, Burundi and Uganda have agreed to the use of IDs for their nationals for travel between the four Partner States.

 
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