A/SP2/7/85 Supplementary Protocol on the Code of Conduct for the Implementation of the Protocol on the Free Movement of Persons, the Right of Residence and Establishment
A/SP2/7/85 Supplementary Protocol on the Code of Conduct for the Implementation of the Protocol on the Free Movement of Persons, the Right of Residence and Establishment
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Economic Community of West African States
A/SP2/7/85 Supplementary Protocol on the Code of Conduct for the Implementation of the Protocol on the Free Movement of Persons, the Right of Residence and Establishment
- Published in official journal 7 on 1 July 1985
- Commenced
- [This is the version of this document at 6 July 1985.]
Chapter 1
Definitions
Article 1
In this Protocol, and in the other Protocols relating to the implementation of the different phases of the Protocol on Free Movement of Persons, the Right of Residence and Establishment,"Treaty" means the Treaty of the Economic Community of West African States;"Community" means the Economic Community of West African States;"Member State or Member States" means the Member State or Member States of the Community;"Member State or Member States of origin" means the Member State or Member States of which the migrant is a national or an indigene;"Host Member State or Member States" means the Member State or Member States in which the migrant is staying or residing;"Authority" means the Authority of Heads of State and Government created by Article 5 of the Treaty;"Executive Secretary and Executive Secretariat" means the Executive Secretary and the Executive Secretariat of the Community as defined in Article 8 of the Treaty;"Community citizen or citizens" means any national or nationals of a Member State who fulfill the conditions stipulated in the Protocol A/P.3/5/82 establishing the Community Citizenship Code;"Right of residence" means the right granted to a citizen who is a national of one Member State to reside in a Member State other than his State of origin which issues him with a Residence Card or Permit, enabling him to hold employment or otherwise;"Resident" means any citizen who is a national of a Member State to whom the right of residence is granted;"Right of establishment" means the right granted to a citizen who is a national of one Member State to settle or establish in another Member State other than his State of origin, and to have access to economic activities, to carry out these activities as well as to set up and manage enterprises, and in particular companies, under conditions defined by the legislation of the host Member State for its own nationals;"Companies" means any company, including co-operative societies or any other legal entity governed by public or company law, with the exception of companies or societies which have no lucrative objective;"Migrant" means a national of one Member State of the Community who has travelled from his country of origin to the territory of another Member State;"Illegal immigrant" means any immigrant citizen of the Community who does not fulfill the conditions stipulated in the different Protocols relating to the free movement of persons, the right of residence and establishment;"Competent Administrations" means the national administrations of Member States responsible for matters relating to the free movement of persons, services and capital;"Fundamental human rights" means the right of any individual recognised by the International Declaration of Human Rights adopted on 10 December, 1948 by the United Nations General Assembly.Chapter II
Role and obligations of Member States of origin and host Member States of immigrants and the form of co-operation required between competent administrations of Member States
Article 2
Chapter III
Rights and obligations of migrants in host Member States and conditions and procedures for expulsion
Article 3
Chapter IV
Provisions covering the treatment of illegal immigrants
Article 5
Chapter V
Sub-regional cooperation for the purpose of preventing or reducing the flow of illegal immigrants
Article 6
Chapter VI
Protection of properties legally acquired by immigrants who are citizens of the Community
Article 7
Chapter VII
Obligations of Member States in respect of furnishing the executive secretariat and other Member States with information in the event of border closure by one of them
Article 8
Chapter VIII
Miscellaneous provisions
Article 9
Any dispute which may arise between Member State regarding the interpretation or application of this Protocol shall be settled in conformity with the procedure for the settlement or disputes stipulated in Article 56 of the Treaty.Article 10
Chapter IX
Deposit and entry into force
Article 11
History of this document
06 July 1985 this version
Consolidation