Challenges of Free Movement of Persons in Africa from a Human Rights Perspective: The Tunisian Context

Abstract

A fundamental principle of the African Union is the integration of peoples, allowing for
unrestricted movement between member states, along with the right to reside and engage
in their trade or profession. Article 12 of the African Charter on Human and Peoples'
Rights acknowledges the right to freedom of movement as a fundamental human right.
Moreover, this freedom is also pertinent to continental economic integration, a vital
principle in economic integration initiatives. As the African Economic Community
(AEC) diminished in momentum, the African Commission on Human and Peoples'
Rights affirmed the right to unrestricted trans-border human mobility and restricted
governmental interference in this regard. In 2018, the adoption of the Protocol to the
AEC Treaty on the free movement of persons clearly demonstrated the economic
dimensions of this fundamental right. Nonetheless, considerable obstacles impede its
execution. This article doctrinally examines the protocol, assessing its potential for
advancing African integration and development in the Tunisian context. This article
relies on a human rights perspective in analysing migration governance in Tunisia.