UPDATE: Regional Trade Agreements in Africa – A Historical and Bibliographic Account of ECOWAS and CEMAC

By Victor Essien

Update by Miarom Bégoto

Miarom Bégoto holds a Bachelor's degree in Private Law from the University of N'Djamena, Chad and two Masters in Private Law and Public Law, Human Rights option from the University of Lyon 2 and Grenoble 2, France. He teaches at the National School of Administration of Chad and has held senior positions in the Chadian administration, including the Ministry of Justice and the former Supreme Audit Institution, which became chamber in the Supreme Court. Elected as a member of the African Union Advisory Board on Corruption, he is currently the chairperson.

Published March 2019

(Previously updated by Victor Essien in September 2014)

See the Archive Version!

1. Introduction

Efforts at regional and sub-regional integration in Africa go back to the immediate postcolonial period.[1] It was seen as an extension of the liberation movements and an effort to construct geographic entities that were economically viable and politically united.[2] It also reflected the prevailing European experience with its emphasis on free trade within a common external tariff area.[3]

Regional or sub-regional integration in Africa has met with limited success on account of several factors. Chief among them are the parallel and often competing groupings[4] that divert the needed political will to succeed; the conflict with the developmental objectives and expectations of their development partners, usually the former colonial masters or their associated groupings; conflict between national structures and policies and group objectives and agenda; personality conflicts; infra-structural constraints, institutional constraints, and national security constraints.[5]

The promise that integration holds, in the form of the enlargement of local markets, the realization of economies of scale and the strengthening of bargaining positions in global negotiations is a sufficient allure to make the countries of Africa try time and again to forge these regional trade agreements. ECOWAS, the Economic Community of West African States and CEMAC, the Communaute Economique et Monetaire de l’Afrique Centrale represent two major efforts at regional integration in Africa.

2. Economic Community of West African States (ECOWAS)

The treaty establishing the ECOWAS[6] was signed in Lagos, Nigeria on May 28th, 1975 by the heads of state and governments of 14 West African nations, namely Benin, Burkina Faso, Cote d’Ivoire, Gambia, Ghana, Guinea, Liberia, Mali, Mauritania, Niger, Nigeria, Senegal, Sierra Leone and Togo. Guinea Bissau acceded to the Treaty later in 1975. In 1979, Cape Verde became the 16th member nation. In 2002, Mauritania, an original member nation, formally withdrew its membership in the organization. In accordance with the terms of the treaty, the treaty came into force in June 1975 with the ratification by seven states.[7]

Article 2(1) of the 1975 Treaty described the aims of the Community as follows:

“... to promote co-operation and development in all fields of economic activity particularly in the fields of industry, transport, telecommunications, energy, agriculture, natural resources, commerce, monetary and financial questions and in social and cultural matters for the purpose of raising the standard of living of its peoples, of increasing and maintaining economic stability, of fostering closer relations among its members and of contributing to the progress and development of the African continent”.[8]

Article 2(2) of this Treaty explains that the Community shall by stages ensure (emphasis added):

To carry out these aims, the Treaty created the following institutions.:

The Authority of Heads of State and Government (AHSG), the principal governing institution of the Community whose decisions and directives shall be binding on all Community Institutions.[10]

The Council of Ministers (COM), consisting of two representatives of each Member State and subordinate only to the AHSG. It is the responsibility of the COM to keep under review the functioning and development of the Community and to make recommendations to the AHSG on matters of policy aimed at the efficient and harmonious functioning and development of the Community.[11]

The Executive Secretariat, which is headed by an Executive Secretary who is the principal executive officer of the Community. The Executive Secretary and other officers of the Secretariat, in the discharge of their duties, owe their loyalty entirely to the Community.[12]

In addition to these community institutions, the 1975 Treaty established four technical and specialized Commissions in these fields: trade customs, immigration, monetary and payments; industry, agriculture and natural resources; transport, telecommunications and energy; and social and cultural affairs.[13] Each Commission shall have a representative of a member state and any number of advisors.[14]

The Treaty also established the office of an External Auditor[15] and a Tribunal of the Community.[16] The latter was charged with the responsibility of settling disputes among member states regarding the interpretation or application of the Treaty that could not be settled amicably by direct agreement.[17]

What the Treaty wrought in 1975 was a grouping of sixteen countries of uneven size, with Nigeria providing over 65 per cent of the population and trade. Ghana, Senegal and Cote d’Ivoire provided a further 20 percent while the remaining twelve countries provided 15 percent among them.[18] The political geography of ECOWAS also dictated that it was a grouping of coastal and landlocked countries, with the latter countries depending on the former partners for transport services and trade.[19] Significantly, there are linguistic barriers inherited from the colonial era. Nine of the countries are Francophone, five are Anglophone and two are Lusophone.[20] Added to this, was the deliberate pull of the metropolitan countries away from ECOWAS.[21] For example, as the idea of ECOWAS was gaining ground, France encouraged the Francophone West African States to transform a moribund regional organization into the Communaute Economique de l’Afrique de l’Ouest (CEAO) with similar objectives as ECOWAS.[22]

Similarly, the negotiations to revise the ECOWAS Treaty in 1992-1993 coincided with the emergence of the Francophones’ new union, the Union Economique et Monetaire de l’Ouest Afrique (UEMOA), which was externally guaranteed by France.[23]

The 1975 Treaty had envisaged the establishment of a common market in fifteen years.[24] Given the many logistical, infra-structural, financial and political obstacles and problems, this was not realistic. In the end, the much-anticipated increase in intra-regional trade did not materialize and the many protocols for the elimination of trade barriers were not honored. In short, most economic activity in the region was unaffected by the organization and its goals.[25]

Expectedly, in 1993, the Treaty was revised to rationalize the aims and objectives of the Community and to improve upon the limitations of the past.[26]

The revised Treaty clarified the aims and objectives of the Community. In particular, it emphasized the establishment of an economic union through the adoption of common policies in the economic, financial, social and cultural sectors and the creation of a monetary union.[27]

The Revised Treaty also identified the ECOWAS as ultimately the sole economic community in the region for the purpose of economic integration and the pillar for the realization of the African Economic Community.[28]

In addition, the Treaty provided for certain fundamental principles, among them, the promotion and consolidation of a democratic system of governance in the Member States.[29]

The revised Treaty, established, additional community institutions, namely, the Community Parliament,[30] the Economic and Social Council[31] and the Arbitration Tribunal.[32] The 1975 Treaty Community Tribunal was transformed into a full-fledged Community Court of Justice.[33]

The Revised Treaty further defined the nature of community legislation. The AHSG was described to act by decisions while the COM has to act by regulations. Decisions of the AHSG are binding on the Member States and all community institutions.[34] Regulations of the COM are binding on all subordinate community institutions and bind Member States only upon their approval by the AHSG.[35]

Decisions and regulations shall be adopted depending on the subject matter under consideration by unanimity, consensus or two-thirds majority.[36]

The revised Treaty placed on the Executive Secretary the responsibility to publish all decisions of the AHSG as well as the regulations of the COM, 30 days after the date of signature. [37] Such decisions and regulations automatically enter into force 60 days after the date of their publication in the Official Journal of the Community.[38] The Treaty also requires each Member State to publish the decisions and regulations in their national Official Gazette within 30 days of their signature.[39]

In addition to the decisions and regulations defined in the Treaty, other secondary legislation come in the form of resolutions, recommendations and declarations.[40] Such legislation do not become binding until they are issued as decisions or regulations.[41]

The revised Treaty recognized the penchant of the Member States to enter into international agreements with both member States and non-member states. However, the Treaty requires member states to avoid obligations that are incompatible with their obligations under the ECOWAS Treaty and to adopt common positions when dealing with non-member states and other international or regional organizations.[42]

In 2006, almost thirteen years after the revised Treaty, the most significant results of ECOWAS had been those concerning organizational matters such as the drafting of protocols and conduct of studies.[43]

The implementation of treaty obligations, however left a lot to be desired.[44] Genuine attempts at implementation were also undercut by other measures. On the issue of free movement of persons, at its 23rd session in May 2000, the AHSG adopted and launched the ECOWAS passport in consecration of the ECOWAS citizenship.[45] The passport was to be introduced in the Member States and the national passports were to be phased out in five years. For many years, only Benin and Senegal had introduced the ECOWAS passport.[46]

Subsequently, other States caught on. By 2012, eleven of the fifteen States had finally adopted the ECOWAS passport (2012 Annual Report of the ECOWAS Commission, at p. 62). Even so, although visas have been abolished for nationals of Member States, there are a large number of checkpoints, which remain a constant source of harassment and frustration for ECOWAS travelers.[47]

The pre-eminent objective of creating a common market had not fared any better. In pursuance of this objective, the Community adopted a trade liberalization scheme aimed at the elimination of custom duties and taxes of equivalent effect on imports of ECOWAS origin since 1981 and the abolition of non-tariff barriers to intra-ECOWAS trade by May 28, 1985.[48] The ECOWAS Fund for Cooperation; Compensation and Development was established to make compensation for loss of customs revenue under the liberalization scheme. The 2002 report of the Executive Secretary of ECOWAS, for instance, noted that:

“Regrettably the Executive Secretariat continues to receive complaints from Member States and economic operators about cases of refusal or failure to implement the scheme. Indeed it is a fact that Member States still maintain non-tariff barriers such as bans and the requirement of special permits, against products of ECOWAS origin.”[49]

ECOWAS had recorded limited success in the area of infrastructural development.[50] The coastal highway and the Sahelian highway had attained a high realization rate. Studies had been initiated for a regional railway master plan. ECOWAS was cooperating with CEMAC under the Yamoussoukro Decision to increase air transport activities with the principal support of the World Bank and the European Union.[51]

By early 2006, it had become obvious that, as an integrative structure, ECOWAS was underperforming. As a remedy, the 30th Ordinary Summit of the Heads of States and Government in January 2006 adopted decisions aimed at deepening and accelerating the integration process of ECOWAS. It aimed to enhance the supranational powers of the organization and, in effect, introduce a new legal regime.[52]

On June 14, 2006, these decisions were promulgated as Supplementary Protocol A/SP.1/06/06 Amending the Revised Treaty of 1993. Under this Supplementary Protocol, the ECOWAS Secretariat was transformed into a nine-member Commission, comprising a President, a Vice-President and seven Commissioners.[53]

The Supplementary Protocol also approved a new structure for the ECOWAS Parliament to allow the institution to fully play its role in the integration process.[54] An additional Act on strengthening Parliament's prerogatives was adopted in December 2016 and is currently in the implementation phase.

The Summit further confirmed the enhancement of the institutional capacity of the Community Court of Justice to ensure that ECOWAS possesses a strong and independent court.[55]

The Supplementary Protocol established a new legal regime, under which the existing institutions of ECOWAS continue to exercise their norm-creating authority with slightly modified nomenclature and redefined legal consequences. Community Acts, under the new regime, are to be known as Supplementary Acts, Regulations, Directives, Decisions, Recommendations and Opinions. The AHSG adopts Supplementary Acts while the COM enacts Regulations, issue Directives, take Decisions or formulate Recommendations and Opinions. The Commission, the erstwhile, Secretariat, may adopt Rules relating to the execution of Acts enacted by the COM. The Rules so adopted by the Commission are to have the same legal force as Acts adopted by the COM for the execution of which the Rules are adopted. The Commission may also formulate Recommendations and Opinions (New Article 9).

Supplementary Acts adopted by the Authority shall be binding on the Community Institutions and Member States, where they shall be directly applicable. Regulations shall have general application. The provisions of Regulations shall be binding and directly applicable in Member States. They are to be equally binding on the Community institutions. Directives are binding on all Member States in terms of the objectives to be realized but Member States are free to adopt modalities they deem appropriate for the realization of such objectives. Decisions are binding on all those to whom they are addressed. Recommendations and opinions are not legally binding (New Article 9).

Unless otherwise provided, Community Acts under consideration shall be adopted by unanimity, consensus or by a two-thirds majority of the Member States. (New Article 9).

On balance, ECOWAS remains of marginal interest to the western countries.[56] Apart from Nigeria’s oil exports to the U.S. and Niger’s uranium to France and possibly France’s continuous alliance with is former colonies, ECOWAS is only a source of strife and of economic, demographic and environmental crises.[57] Its relevance to the West may be in the form of its ECOMOG forces in the security issues in the Region and saving the Western nations from direct involvement in foreign conflicts.[58]

3. Communaute Economique et Monetaire de l’Afrique Centrale (CEMAC)

CEMAC is a re-incarnation of one of the oldest regional trade agreements in Africa.[59] In its prior life, it was known as the Union Douaniere et Economique de l’Afrique Centrale (UDEAC).[60] On June 23, 1959, immediately before gaining independence from France, Central African Republic, Chad, Congo and Gabon, the four members of the erstwhile Federation de l’Afrique Equatorial Francaise signed a convention creating an Equatorial African Customs Union, the Union Douaniere Equatoriale (UDE).[61]

On December 8, 1964, the UDE and free-standing Cameroon signed a treaty creating the Customs and Economic Union of Central Africa (UDEAC).[62] It was not until 1983, that Equatorial Guinea became its sixth member.[63]

In the late 1960s, the UDEAC was plagued by dissension. Central African Republic (CAR) and Chad, the less industrialized members among them threatened to withdraw. Under pressure from France, CAR returned fully to the fold. Chad was to return much later.[64]

The UDEAC Treaty underwent its first major revision in 1975.[65] The 1975 Treaty did not increase the authority or powers of the Secretariat as the member countries were still consumed with the notion of sovereign integrity.[66]

Eventually, following the economic crises of 1980 to 1990, the six countries became convinced of the need for a more dynamic integration and signed a new treaty on March 16, 1994 establishing the Communaute Economique et Monetaire de l’Afrique Centrale (CEMAC). [67]

The 1994 CEMAC Treaty stated that its essential mission was to promote the harmonious development of the Member States within the framework of a true common market.[68]

To achieve this, it set out the following objectives under the rubric of two of its institutions, namely, the Union Economique de l’Afrique Centrale (UEAC) and the Union Monetaire de l’Afrique Centrale (UMAC):[69]

The Treaty identified the four community institutions as follows:[70]

The CEMAC thus constitutes a link between the Monetary Union, the Bank of Central African States (BEAC), the Customs Union, and the Customs and Economic Union of Central Africa (UDEAC). To carry out the objectives of CEMAC, the Treaty also created the following principal organs:

The Conference of Heads of States (COHS), which is described as the supreme body of the Community. The COHS determines the policy of CEMAC and directs the actions of the decision-making bodies of the two constituent unions, UEAC and UMAC, by means of supplementary acts.[71]

The Council of Ministers (COM) of the UEAC is charged with the responsibility of directing the UEAC. It is made up primarily of the Ministers in charge of Finance and Economic Affairs of the Member States. Each national delegation should have no more than three members and shall have but one vote.[72] When the issues under discussion do not relate to economic or financial policy, the COM shall bring together, ad-hoc, the relevant Ministers whose deliberations will be final only after adoption by the COM.[73]

The Ministerial Committee (MC) of the UMAC is charged with the responsibility of directing the UMAC. It is composed of two Ministers per Member State with the Minister of Finance as head of the delegation.[74] Unlike the COM whose Presidency is determined and identical to the nationality of the member state presiding over the COHS, the Presidency of the MC is rotated annually among the member states in alphabetical order. [75] The role of the MC is to examine the economic trends within the member states and to ensure coherence with the common monetary policy.[76]

The Executive Secretariat or Secretariat Executive (SE) is headed by an Executive Secretary who is the principal executive officer of the UEAC.[77]

Inter-State Committee or Comite Inter-Etats (CIE);[78] The Banque des Etats de l’Afrique Centrale (BEAC):[79]The Commission Bancaire de l’Afrique Centrale (COBAC);[80] The Institution de Financement du Developpement (IFD);[81] The Financial Market Supervisory Commission for Central Africa (Commission de Surveillance du Marché Financier d’Afrique Centrale, COSUMAF).

The COHS acts by means of Supplementary Acts to the Treaty.[82] These are supposed to supplement the Treaty without modifying same. These Supplementary Acts are binding on the community institutions and organs as well as on the member states.[83] The COM and the MC act by means of regulations, directives, decisions, recommendations or opinions.[84]

The regulations and the basic regulations are of general application.[85] The regulations are binding in all respects and directly on all member states. The basic regulations are binding directly only as to certain respects.[86]

The directives are binding orders addressed to Member States requiring them to accomplish a stated purpose while leaving them free to select the form, in which, and the means by which that purpose is to be achieved.[87]

The decisions are binding only upon the States or persons to whom they are addressed.[88] The recommendations and opinions have no binding effect.[89] The regulations, the basic regulations, the directives and the decisions of the COM, the MC, the S.E. and the Governor of the BEAC have to be warranted by law.[90]

The supplementary acts, the regulations and basic regulations have to be published in the Official Bulletin of the Community. They come into effect on the date stipulated in the measure or in default, the twentieth day following their publication.[91]

The directives and decisions take effect on the date following the day of notification to their addressees.[92]

Although CEMAC was established in 1994, it was not until June 1999 that it became fully operational and replaced UDEAC.[93] Little wonder that by 2008, the member states had not achieved much of their objectives under the CEMAC Treaty.

Trade within the region amounted to 2% of total imports and 1% of total exports. [94] Ironically trade between CEMAC and Nigeria was higher than trade among CEMAC countries.[95] Bilateral trade between the European Union and CEMAC was about 7 billion Euros per year.[96] The common market was still far away, and the economic integration was even further off. Pascal Lamy, the European Union’s Commissioner for International trade, cautioned that “CEMAC must start by developing a common market so as to ensure durable regional integration.”[97]

In 2008, CEMAC caught the second wave of regionalization that had affected Africa and decided to move towards greater integration through supranationalism. The CEMAC Treaty was revised accordingly. By Article 63 of the Revised Treaty, the 1994 CEMAC Treaty and its Addendum were repealed. The Revised Treaty served notice of its supranationality under Article 2 by spelling out, first of all, that the essential mission of the organization is to promote peace and harmonious development among the Member States within the framework of the establishment of the pre-existing two unions, one economic and the other monetary. Secondly, by emphasizing that, in each of these two areas, the Member States agree to move from the existing inter-state cooperation to a union capable of completing the economic and monetary integration process.

The revised Treaty maintained most of the institutions and organs originally created under the earlier CEMAC Treaties but with more integrative functions and powers and, in the case of the Secretariat, converted it to a Commission just as the ECOWAS 2006 reform had done. The revised Treaty maintained the COHS as the governing body of the Community that sets Community policy and provides guidance for the work of the COM of the UEAC and the MC of the UMAC. The Revised Treaty also maintained the COM and the MC as community organs with similar functions but renewed powers ensuring the march towards the economic and monetary integration.

The revised Treaty established a Commission in place of the erstwhile Secretariat. The Commission is made up of a President, Vice President and Commissioners, one each from the Member States, appointed by the COHS. The basic criteria for appointment to the Commission are competence, objectivity and independence. The Commission’s functions are governed by the principle of collegiality and their decisions are taken by majority vote of its members. The President will cast a deciding vote in the event of a tie. The Commission , like the Commission of the European Union (EU), serves as the guardian of the CEMAC treaties and represents the Community in international negotiations on matters related to its objectives. Again, like the EU Commission, it has the right to initiate draft legislation and to apply and implement Community policies and programs.

In addition to the UEAC and the UMAC, the revised Treaty reestablished the Community Parliament and the Community’s Court of Justice as the Community Institutions. The enabling Convention through which the Parliament is to be fully established has not been adopted as yet. When operational, Parliament is expected to legislate through directives. Parliament shall provide democratic oversight of the institutions, organs, and specialized agencies involved in the decision-making process of CEMAC (Article 47 of the revised Treaty). The Court of Justice remains the judicial arm of CEMAC, charged with the responsibility of interpretation and implementation of the Treaty and its Conventions. The Court has jurisdiction over contentious disputes and may also provide advisory opinions. It includes a Judicial Chamber (Articles 11-25 of the Court of Justice Convention) and an Audit Chamber (Articles 26-29 of the Court of Justice Convention). The Community Court of Justice has given way to two separate entities, in compliance with the Post-2008 Guidelines: a CEMAC Court of Justice and a CEMAC Court of Audit (Article 10 of Revised Treaty of June 25, 2008).

The Revised Treaty re-established a community legal system along the lines of the European Union and ECOWAS. The COM and MC adopt regulations, framework regulations, directives, decisions, recommendations and opinions (Article 40 of the Revised treaty). A Regulation has general application and is binding in its entirety and directly applicable in all Member States. Framework regulations are only binding in certain of their elements. A directive is binding, as to the result to be achieved, on each Member State, but not as to the form and methods. A Decision is binding in its entirety on those to whom it is addressed. Recommendations and Opinions have no binding force. The vision of the CEMAC is articulated today around the Regional Economic Program (PER) whose objective is to make the sub-regional institution, by 2025, "an integrated economic space, emerging where security reigns, solidarity and good governance at the service of human development." Adopted in 2010 by the member countries of the Community to meet the challenges of integration, the PER aims to develop the main resources of the sub-region and build a competitive, diversified and high value-added economy. It governs the development of the CEMAC zone as a whole and presents a 2010-2025 emergence agenda in three five-year phases:

The PER allows, on the one hand, to ensure a good articulation between the agenda of the CEMAC, its Member States and the private sector, and that of the development partners of the Community and, on the other hand, provides possibilities for complementarity between the interventions of the various donors at Community level. It’s divided into 5 axes, 12 strategic objectives, 29 programs and 86 projects.

Both ECOWAS and CEMAC have strikingly similar objectives : an ever closer union within each sub-region. Even though integration within ECOWAS is moving forward, that within CEMAC remains mixed because of the low rate of trade, protectionist leanings and leadership quarrels.

Ultimately, regional integration is the modality that Africa has to refine to meet the challenges of the inevitable onslaught of globalization. Hopefully, the many parallel and competing groupings will give way to one larger political and economic union as envisaged under the Africa Union[98] and the Africa Economic Community Treaties.[99]

4. Compilation of Treaties, Protocols and Conventions of ECOWAS

Print Sources:

Electronic Services:

5. Compilation of Treaties, Protocols, Conventions of CEMAC

Print sources:

Electronic Sources:

4. Compilations of ECOWAS Regulations, Decisions and Directives

Print Sources:

6. Compilations of CEMAC Basic Acts, Regulations and Basic Regulations

Print Sources:

Electronic Sources:

7. Significant Treaties and Organic Texts




8. Treatises, Books and Reports on African Regional Integration

9. Treatises, Books and Reports on ECOWAS

10. Treatises, Books and Reports on CEMAC

11. Sectoral Analysis of ECOWAS

12. Sectoral Analysis of CEMAC

13. Conflict Prevention, Peace and Security Issues

14. Bibliographic Works, Indices, Charts and Other Reference Aids

[1] African Regional Organizations. Domenico Mazzeo, ed., 1984 at p1 et. seq.

[2] Ibid.

[3] Bourenane, Naceur. “ Regional Integration in Africa: Situation and Prospects” in Regional Integration in Africa . OECD/ADB Seminar. (2002) at 17 et seq.

[4] Riley, Stephen “West African Sub-regionalism: the Case of the Economic Community of West African States (ECOWAS) in Glenn Hook and Ian Kearns, eds. Sub-Regionalism and World Order. (1999) at p. 68.

[5] Bourenane, Naceur, op.cit. at p. 27.

[6] The Treaty Establishing the Economic Community of West African States. Done at Lagos, Nigeria on May 28, 1975. 14 ILM 1200. Hereinafter, “1975 ECOWAS Treaty”).

[7] Ibid Article 62(1).

[8] Ibid Article 2(1).

[9] Ibid Article 2(1).

[10] Ibid Article 5.

[11] Ibid. Article 6.

[12] Ibid Article 8.

[13] Ibid Article 9.

[14] Ibid Article 9(3).

[15] Ibid. Article 10.

[16] Ibid. Article 11.

[17] Ibid Article 56.

[18] Knowles, Oliver S. “ECOWAS: Problems and Potential “ in J.E Okolo and Stephen Klright, eds. West African Regional Cooperation and Development, (1990) 147 at p.148.

[19] Ibid.

[20] Ibid.

[21] Ibid.

[22] Riley, Stephen, op.cit at p. 69.

[23] Ibid.

[24] 1975 ECOWAS Treaty, Article 12.

[25] Riley, Stephen, op.cit. at p.71.

[26] Ibid. at p.70.

[27] Economic Community of West African States (ECOWAS), Revised Treaty. Done at Cotonou, Benin on July 24, 1993. Article 3(2)(c). (Hereinafter “ECOWAS Revised Treaty”).

[28] Ibid. Article 2 (1).

[29] Ibid Article 4.

[30] Ibid. Article 13.

[31] Ibid. Article 14.

[32] Ibid. Article 16.

[33] Ibid. Article 15.

[34] Ibid. Article 9(4).

[35] Ibid Article 12(3).

[36] Ibid Articles 9(2) and 12(2).

[37] Ibid Articles 9(5) and 12(4).

[38] Ibid. Article 9(6) and 12(4).

[39] Ibid Articles 9(7) and 12(4).

[40] Ibid Articles 10(a), 10(c), 10(d) and 10(h).

[41] Ibid. Articles 9(4) and 12(3).

[42] Ibid. Article 84.

[43] Bourenane, Naceur, op.cit. At p. 24.

[44] Annual Report of the Executive Secretary of ECOWAS, 2002. (ECW/CM/XLIX/2).Abuja, ECOWAS Secretariat, 2002. at p. 45 et. seq.(Hereinafter, “2002 ECOWAS Report”).

[45] Ibid at p. 41.

[46] Ibid.cf. On July 6, 2006, Ghana’s Foreign Minister announced in the Ghana Parliament that the country will introduce the ECOWAS passport to be used concurrently with the existing national passports. Ghana News Agency. July 6, 2006.

[47] Bourenane, Naceur at p.24.

[48] 2002 ECOWAS Report at p. 45.

[49] Ibid at p.46.

[50] Ibid at p. 53 et. seq.

[51] Ibid at p. 54.

[52] “Regional Leaders Finalize Transformation of ECOWAS Secretariat into Commission” Press Release, ECOWAS Secretariat, Abuja, Nigeria, June 14, 2006.

[53] Ibid

[54] Ibid

[55] Ibid

[56] Riley, Stephen , op. cit. at p. 81.

[57] Ibid. at p.82.

[58] Ibid.

[59] Zafar, Ali and Keiko Kubota. Regional Integration in Central Africa: Key Issues. Washington, D.C., World Bank, 2003 at p.1.

[60] Ibid.

[61] Mytelka, Lynn Krieger, “Competition, Conflict and Decline in Union Douaniere et Economique de l’Afrique Centrale (UDEAC) in African Regional Organizations. Domenico Mazzeo, ed. Cambridge, Cambridge University Press, 1984, at p.132.

[62] Treaty Establishing A Central African Economic and Customs Union/ Union Douaniere et Economique de l’Afrique Centrale (UDEAC). Done at Brazzaville, Congo on December 8, 1964.

4 ILM 699 (1965). (Hereinafter, “1964 UDEAC Treaty”).

[63] “Equatorial Guinea” in Europa World Yearbook. 46th ed.. London and New York, Routledge, 2005 at p.1602.

[64] Mytella, Lynn Krieger, op. cit. at 136.

[65] Ibid.

[66] Ibid. at p.138.

[67] The Treaty Establishing the Economic and Monetary Community of Central African States/Communaute Economique et Monetaire de l’Afrique Centrale (CEMAC). Done at N’Djamena, Chad on March 16, 1994. (Hereinafter, “1994 CEMAC Treaty”).

[68] Ibid Article 1.

[69] The Convention Governing the Economic Union of Central African States/Union Economique de l’Afrique Centrale (UEAC). Done at Libreville, Gabon on July 5, 1996. Article 4 and the Convention Governing the Monetary Union of Central African States/ Union Monetaire de l’Afrique Centrale (UMAC). Done at Libreville, Gabon on July 5, 1996. Article 4.

[70] 1994 CEMAC Treaty Article 2.

[71] Additional Procol to the Treaty of CEMAC Relative to the Institutional and Juridical System of the Community. Done at Libreville, Gabon on July 5, 1996. Article 3.

[72] Ibid. Articles 8 and 9.

[73] Ibid. Article 10.

[74] Ibid Articles 12 and 13.

[75] Ibid Article 13.

[76] Ibid. Article 12.

[77] Ibid. Article 16.

[78] Ibid. Article 16.

[79] Ibid.

[80] Ibid.

[81] Ibid.

[82] Ibid. Article 20.

[83] Ibid. Article 21.

[84] Ibid Article 20.

[85] Ibid. Article 21.

[86] Ibid.

[87] Ibid.

[88] Ibid.

[89] Ibid.

[90] Ibid. Article 22.

[91] Ibid. Article 23.

[92] Ibid.

[93] UDEAC decision No. 6/98-UDEAC-CE-33 of February 5, 1998.

[94] Central Africa: Riches Side by Side With Poverty. African News Bulletin- Bulletin d’Information Africaine (ANB-BIA) Supplement Issue/Edition No. 468 of December 15, 2003.

[95] Ibid

[96] Ibid

[97] Ibid

[98] Constitutive Act of the African Union. Done at Lome, Togo on July 11, 2000. UNTS Registration Number 37733.

[99] O.A.U. Treaty Establishing the African Economic Community. Done at Abuja, Nigeria on June 3, 1991. 30 ILM 1241 (1991).