Comments: The Evolution of the West African Regional Integration Process

In 1975, fifteen countries of West Africa agreed to build stronger bonds between their nations through the establishment of the Economic Community of West African States (ECOWAS). In the Treaty giving a legal status to this Organization, the Heads of State and Government affirmed that “the ultimate objective of their efforts [is an] accelerated and sustained economic development of their states and the creation of a homogeneous society, leading to the unity of the countries of West Africa, by the elimination of all types of obstacles to the free movement of goods, capital and persons”. Two main conclusions may derive from this statement: the regional integration process in West Africa is determined by economic development objectives, these objectives attained through free movement, one of the key elements that describe a Common Market. In 1975, it was clear that the framework of the West African regional integration would mainly be built on economic foundations. More than four decades later, there is no doubt that the ECOWAS has evolved to adapt the regional integration process to the challenges of a changing world. Built on the basis of economic objectives, the regional organization has progressively mutated and has changed its mandate to embrace the role that it is called to play towards the broader integration of the African Continent. This is illustrated by the revision of its treaty in 1993 and the way ECOWAS progressively included political aspects in his original economic mandate. 1. The revised treaty adopted in 1993 introduced several changes and provisions, highlighting the shift that the process of integration in West Africa was taking. From a legal perspective, it is interesting to note the changes in very key provisions, as the ones related to the objectives and the fundamental principles. First, about the objectives, the 1975 Treaty was basically listing the areas of cooperation, the efforts the Members States were required to take in favor of trade liberalization, and a general clause of free movement of people, goods and capital. In 1993, the objectives listed in the Treaty are much broader and introduce several innovations that would definitely change the course of the regional integration process: after stating a general goal related to the promotion of cooperation and integration, with a view to reinforce relations between the West African States to raise the living standards of their peoples, Article 3 about the aims and objectives continues with a second paragraph in which fundamental concepts in a regional integration process are exposed. The Common Market, though somehow identified in the previous treaty, is now fully stated as an objective with three clear steps for its realization. The steps to be taken by the Member States are the establishment of a free trade Area, the establishment of a common external tariff and a common trade policy, and the removal, between Member States, of obstacles to the free movement of persons, goods, services and capital, and to the right of residence and establishment. In addition, the Treaty introduced the ambition developed