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ECOWAS Right of Establishment

Burkina FasoFree movement

Explore the five recorded questions, answers and sources for this pathway.

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Explore pathways in Burkina Faso Read the five questions ↓

Which citizenship, status or regional agreement creates the person's right to move/reside?

The right is defined by ECOWAS Supplementary Protocol A/SP.2/5/90: an ECOWAS-national citizen is granted the right to settle or establish in another Member State and to have access to economic activities, and to set up and manage enterprises and companies, on the same terms as the host state's own nationals.

See recorded sources

Under which circumstances can the person reside: worker, self-employed, student, jobseeker, self-funded person or another recognised basis?

The residence basis is establishment for non-salaried economic activity: access to non-salaried activities and the creation and management of enterprises and companies.

See recorded sources

What entry, registration or residence-document formalities remain?

The checked official sources did not provide enough route-specific evidence to confirm the entry, registration and residence-document formalities.

See recorded sources
Limits of the record
  • Searched the captured Supplementary Protocol A/SP.2/5/90 for 'registration', 'register', 'residence card', 'residence permit', 'visa', 'formalit', 'identity card', 'entry' and 'immigration'. The text contains no occurrence of 'visa', 'registration' or 'formalit'; the only 'Residence Card'/'Residence Permit' occurrences are the Article 1 definitions, which belong to the separate Right of Residence phase, and the 'entry' occurrences concern excluded categories of migrant worker and the entry of parent-company staff into management organs. The capture states no entry, registration or residence-document formality for the establishing person.

Which non-member-country family members can accompany or join, and what broad rights do they receive?

The checked official sources did not provide enough route-specific evidence to confirm which non-member family members can join and their rights.

See recorded sources
Limits of the record
  • The checked official sources did not provide enough route-specific evidence to confirm family accompaniment under this establishment protocol.

When do permanent/long-term rights arise and what continuity, absence or retention conditions matter?

The Supplementary Protocol directs Member States' authorities to cooperate, in accordance with the general conditions for realising the right of establishment, so that salaried workers of one Member State employed in another Member State shall remain there to carry out non-salaried activity, on condition that they fulfil the requirements binding upon any ECOWAS citizen arriving from his State of origin for that purpose. The Supplementary Protocol does not state when permanent or long-term rights arise, or any absence rule.

See recorded sources
Limits of the record
  • The Protocol does not state a duration for the right of establishment.
  • The Protocol does not state when permanent or long-term rights arise, nor any absence rule.
  • The requirements binding upon an ECOWAS citizen who carries out a non-salaried activity are not themselves stated in the capture.
  • chars 21227-22296
    The relevant authorities of Member States shall cooperate closely with one another and with the Executive Secretariat in accordance with the general conditions for the realisation of the right of establishment in order to: 1 identify activities in which freedom of establishment has a particularly useful contribution to make to the development of production and trade and to deal with such activities in order to priority; 2 eliminate administrative practices and procedures emanating either from internal legislation or from agreements earlier concluded between Member States which, if maintained, would be an impediment to the freedom of establishment; 3 ensure that salaried workers of one Member State employed in the territory of another Member State shall remain in the said territory to carry out non-salaried activity on condition that they fulfill the requirements binding upon any ECOWAS citizen arriving from his State of origin for the purpose of carrying out a non-salaried activity;

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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