Niger’s withdrawal from the Economic Community of West African States (ECOWAS) has overturned the rules of regional mobility. Between the desire for sovereignty and the need to preserve human and economic exchanges, the new restrictions imposed by Niamey raise many questions. Will free movement within West Africa survive this transition?

What led to the withdrawal of Niger, Mali and Burkina Faso from ECOWAS to form the Alliance of Sahel States (AES) 

The Economic Community of West African States (ECOWAS) met to discuss the situation in Niger shortly after the coup d’Etat was announced on July 26, 2023. This meeting resulted in the application of sanctions effective from July 30, 2023. These sanctions rank Niger in fourth position of ECOWAS-sanctioned states, where military forces have disrupted the democratic process. The same applies to Mali, Burkina Faso and Guinea. After sanctions were imposed on Niger, a series of negotiating sessions followed, but these did not produce the best results, and ended with the withdrawal of the three states (Niger, Mali and Burkina Faso) from ECOWAS on January 28, 2024, in a joint declaration. In 2024, specifically on July 06, 2024, Niger, Burkina Faso and Mali decided to create their own entity, the Confédération “Alliance des États du Sahel” (Alliance of Sahel States- AES), better known by its acronym, AES. 

Niger’s announced exit from ECOWAS and the free movement dilemma

In the wake of the announcement of the withdrawal of the three (3) AES countries from ECOWAS, the overarching issue of concern to the people of Niger and non-natives alike is that of the free movement of persons between the two geographical zones.

“The Alliance of Sahel States – AES is a visa-free zone for all members of the Economic Community of West African States, ECOWAS”.

With respect to ECOWAS citizens, on December 14, 2024, in the run-up to the ECOWAS Summit of Heads of State and Government, the AES states announced a joint decision on the free movement of goods and persons. In this statement, the three states define the area covered by the Alliance of Sahel States as “a visa-free zone for ECOWAS citizens”. According to the statement, “ECOWAS citizens reserve the right to entry, movement, residence, establishment and exit  in and out of the territory of the member states of the Alliance of Sahel States, in conformity with the national laws in force”. Although this provision is reminiscent of the ECOWAS Protocol on the Freedom of Movement, residence and establishment within the ECOWAS zone, it opens the door to restrictions on freedom of movement within the AES area, by giving precedence to the domestic legislation of each AES member state. In Niger, the transitional authorities adopted a new measure concerning the entry and sojourn of foreigners on the country’s territory. Article 4 of Order no. 202502 of 13 January 2025, stipulates that “Foreigners  desirous to enter Niger must present themselves to the competent authorities at the border control posts,  equipped with their travel documents and residence permits”. Article 5 stipulates that  “Any foreigner established in Niger must, following expiry of a three-month period of entry into Niger, be in possession of a Residence Permit or Residence Card”. Failure to comply with these obligations may result in deportation or forceful expulsion of the individual to the border.

This new requirement in Niger complicates access and establishment for non-Niger nationals, who were used to crossing border posts with nothing more than an identity card and settling on the territory without further administrative constraints. This situation is a real set-back for the country, where the presence of foreign communities plays a crucial role in the economy. In a press release issued on 29 January, 2025, ECOWAS has announced that nationals of the three AES countries would continue to enjoy the benefits associated with the free movement of goods and persons within the community until July 2025. This transitional period was granted in line with the will expressed by the ECOWAS Conference of heads of State and Government, to reach a final decision on the status of the three countries. Niger’s withdrawal from ECOWAS represents a major turning point for the free movement of persons in West Africa. 

Despite the measures taken to maintain a certain degree of freedom of movement within the ECOWAS and AES areas, the new, and more stringent regulations adopted by Niger, signal a major change in the management of migratory flows. These changes raise legitimate concerns about the future of human and economic interaction in the region. The new administrative requirements are likely to affect cross-border communities, traders and migrant workers in particular – all of whom have hitherto been accustomed to free movement. The major challenge foreseen is reconciling the aspirations of AES member states for greater national sovereignty, with those relating to the preservation of the human and economic links, so vital to regional development. The success of this transition will ultimately depend on the ability of the various players to harmonize their migration policies, while at the same time safeguarding the interests of the local populations.