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ECOWAS Right of Establishment

TogoFree movement

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

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Explore pathways in Togo Read the five questions ↓

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

The legal right is ECOWAS Community citizenship under the Supplementary Protocol A/SP.2/5/90 on the Right of Establishment: a national of one ECOWAS Member State has the right to settle or establish in another Member State, access economic activities, and set up and manage enterprises under the same conditions as host-state nationals.

See recorded sources
  • Protocol A/SP.2/5/90, Article 1
    'Right of Establishment' means the right granted to a citizen who is a national of the 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 the same conditions as defined by the legislation of the host Member State for its own nationals.

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

The residence basis is self-employment / non-salaried economic activity: the right of establishment covers access to non-salaried activities and the creation and management of enterprises and companies, on the same conditions as the host state applies to its own nationals.

See recorded sources
  • Protocol A/SP.2/5/90, Article 2
    The right of establishment as defined in Article 1 above shall include access to non-salaried activities and the exercise of such activities as well as the creation and management of enterprises and companies

What entry, registration or residence-document formalities remain?

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

See recorded sources
Limits of the record
  • The Protocol does not itself state the specific registration or documentation formalities for right-of-establishment status in Togo; it defers to host-state law, which is not part of this capture.

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-country family members can accompany or join, or what rights they receive.

See recorded sources
Limits of the record
  • The Protocol does not describe a formal application process (deadlines, deciding authority) — it grants a direct substantive right of equal treatment rather than a licensing procedure; that procedure is left to each Member State's national legislation.
  • Togo — Supplementary Protocol A/SP.2/5/90, Article 4(1)
    1. In matters of establishment and services, each Member State shall undertake to accord non-discriminatory treatment to nationals and companies of other Member States.
  • Togo — Supplementary Protocol A/SP.2/5/90, Article 7
    Article 7 1. Assets and capital invested by ECOWAS citizens who are not nationals of the Member State of establishment, having been duly authorised, shall not be subject to any act of confiscation or expropriation on a discriminatory basis. 2. Any act of confiscation, expropriation or nationalisation must be followed by fair and equitable compensation.
  • Togo — Supplementary Protocol A/SP.2/5/90, Article 12(3)
    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 nonsalaried 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 ;

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

The Protocol sets no validity period, expiry or renewal: the right of establishment is a continuing right of equal treatment with nationals, not a time-limited authorisation. The official source does not state continuity, absence or retention rules.

See recorded sources

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

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