The issue of residency requirements for foreigners in Senegal has reignited, with Guinean nationals being singled out for needing a residency card. This demand is legitimate, as a state has the right to know who lives within its borders. However, it overlooks Senegal's membership in the Economic Community of West African States (ECOWAS) and the 1979 Protocol on free movement. The protocol allows for the right to enter, reside, and establish oneself in member states.
The ECOWAS treaty, signed by Senegal, guarantees the right of entry without a visa for 90 days, the right to reside and work, and the right to establish oneself and exercise a profession. These rights are not unique to Guinean nationals but apply to all ECOWAS citizens. Senegalese citizens also benefit from these rights in other member states. The treaty's provisions aim to promote regional integration and cooperation.
Senegal's sovereignty is not compromised by these agreements, as the state retains control over its borders and can refuse entry or expel individuals who pose a threat to public order, security, or health. In 2014, during the Ebola outbreak in Guinea, Senegal demonstrated this balance by isolating and treating a Guinean student who had contracted the virus, rather than expelling him.
The current debate highlights the difference between ECOWAS citizens and non-ECOWAS foreigners. The 1971 law on the admission, residence, and establishment of foreigners governs the latter group's interactions with the state. This law requires visas, residence permits, and work authorizations, giving the state significant control over their stay.
Demanding a residency card specifically for Guinean nationals would be a breach of the ECOWAS treaty and could be seen as discriminatory. It could also lead to reciprocal measures from Guinea, affecting Senegalese citizens living there. The suspension of Guinea from ECOWAS after 2021 does not negate the rights of its citizens under the treaty.
Rather than focusing on residency cards for specific nationalities, Senegal should address the real issues of fraud and irregular migration. A notable case involves a Cameroonian boxer who admitted to using a fraudulent Senegalese passport. This highlights the need for stronger controls over nationality and identity documents.
Experts argue that the real challenge lies in addressing the root causes of document fraud and corruption. This includes strengthening civil registries, improving border controls, and sanctioning those involved in fraudulent activities. By taking these steps, Senegal can ensure the integrity of its immigration system without breaching its regional commitments.
Key points
- Senegal's demand for residency cards for Guinean nationals may breach ECOWAS agreements.
- The issue highlights the balance between state sovereignty and regional integration.
- Addressing document fraud and corruption is crucial to ensuring the integrity of Senegal's immigration system.
