Frédéric Boyenga-Bofala
The End Of The Great Lakes Crisis

First Phase of the Process

The introduction of a single citizenship for the Alliance,
the free movement of citizens of the Alliance and the free
movement of goods within the territorial area of the
Alliance

The dismantling of internal borders, which serve as a symbol of the divisions and fratricidal struggles of the recent past, would be the most significant sign of a new reality unprecedented in the history of our area. The economic Alliance that we are building would affect our peoples: it is not possible to set up a common territorial area without at the same time specifying the political and social status of its inhabitants. Nationals of Member States cannot be understood in terms of economic actors moving about within the economic area of the Alliance. It would be necessary to create a citizenship of the Alliance and to confer rights on citizens of the Alliance.

First concrete act of the first phase of the process:

The introduction of a single Alliance citizenship

In order to move the political and civic design of this new organisation forward, I propose the creation of an Alliance citizenship. This should be recognized for any person possessing the nationality of a Member State. That said, the creation of such single citizenship does not mean that this would be the only nationality: it is essential that each of the Member States of the Alliance retains its existing powers to grant nationality. This new concept of Alliance citizenship would therefore have no effect whatsoever on national citizenship rights. In practice, the latter would remain within the sovereign competence of Member States.

Single citizenship within the Alliance would consist of the gradual introduction of an area of freedom, security and justice, as between Member States.

To make the Alliance effective, it would be possible to create, inter alia, a common identity for nationals of Alliance Member States. The advantage of such an identity is not only to apply preferential treatment to citizens of the Alliance, but also and in particular, to facilitate the free movement of persons, goods, services and capital between Member States.

This same concept of citizenship of the Alliance, as I conceive it, thus reveals a very ambitious goal: the integration of a national of a Member State into the social, economic, cultural and even, at a later stage, the political life of the Member State of which that person is not a national but on whose territory that person lives. This amounts to granting the national of a Member State who has been displaced a degree of genuine social status. Our goal is to provide the nationals of Member States with certain special rights; namely, freedom of movement and residence within the territories of Member States, and the right to benefit, under certain circumstances, from the diplomatic protection of a Member State of which that person is not a national.

Every citizen of the Alliance would have the right to move and reside freely within the territory of the Member States, subject to certain limitations and conditions, to be laid down in the provisions of the agreements signed for this purpose by the Member States. Every citizen of the Alliance would enjoy, within the territory of a third country where the Member State of which that person is a national is not represented, the protection of the diplomatic and consular authorities of any other Member State under the same conditions as nationals of that State.

Ultimately, it should be noted that such single citizenship would most likely contribute to better control and management of migration flows between the Member States of the Alliance.

A working group is to study the conditions and limits, within which special rights as citizens of the Confederate Alliance of Great Lakes states could be granted to nationals of Member States.

Second specific act of the first phase of the process:

Freedom of movement for citizens of the Alliance within the confederate territorial area of the Great Lakes

By establishing a single Alliance citizenship, our goal is to facilitate the free movement of nationals of Member States within the territorial area of the Alliance. This would be accomplished by removing all restrictions, obstacles and barriers. This freedom of movement would subsequently be extended step-by-step into the areas of goods, services, capital, transport and the right of establishment - after genuine, appropriate research has been conducted into their feasibility. We begin with such research in order to address the problems posed by a decade of war on the circumstances of individuals, their status, their mobility, their property and other items of interest with regard to the various ways of implementing the free movement of citizens of the Alliance. At first I propose the implementation of the free movement of nationals of Member States of the Alliance. This would therefore involve free access to the territory, the right to carry on or not professional or commercial activities and also the right of residence.

Free access to the territory and the right of residence

Every citizen of the Alliance shall have the right to move and reside freely within the territories of the individual Member States. However, this right could only be exercised subject to the limitations and conditions as are provided for by agreements between the states within the framework of the Alliance and the arrangements made for their practical application.

This means that, within limits to be strictly defined by agreements between the Member States, the right to move freely in all Member States would be granted to all citizens of the Alliance, as it would be extended not only to those who want to engage in a business, occupation whether as an employee or not, in another state, but also to the recipients of a service (tourists, for example). As such, a general right of residence for a limited period (e.g. 3 months) would be awarded to nationals of Member States. Beyond this time, the right of residence, however, would not be generalized. Such rights of entry and residence might be restricted for reasons of public policy, public security or public health.

The principle of equal treatment within an economic alliance implies the right for all citizens or nationals of Member States of the Alliance, to be employed or self-employed in another Member State. All such activity would in principle be included within the scope of these rights, although subject to some reservations:

- i.e. insofar as the activity in question affects certain interests of the Member State concerned, however, the latter may reserve it to its nationals only.
- in the case of an employed person, if the employment is in public administration;
- in self-employment, in the case of exercise of public authority.

In the economic area of the Alliance to be created, the free movement of workers involves the abolition of any discrimination based on nationality between workers of the Member states of the Alliance, as regards employment, remuneration and other working conditions.

Right of Entry

The right to move freely within the Alliance is the corollary to the free movement of nationals of Member States. This freedom includes the right, subject to certain limitations justified on grounds of public policy, public security and public health, to move freely within the territory of Member States, to reside in a Member State, to carry on a business, to be employed, and to remain within the territory of a Member State for certain legitimate reasons.

The right of nationals of a Member State to travel to another Member State of the Alliance would be subject to the presentation of an identity card or a valid passport. It would matter little whether, in this case, the person would be looking for a job, carrying out some form of employment, or as a tourist. No exit visa or entry or equivalent formality may be imposed on the person. These terms refer to any formality designed to allow entry into the territory of a Member State and which is additional to a passport or identity card check at the border. But this prohibition does not apply to a stamp on a passport at the time of arrival and certifying only that the person has entered the territory but nothing else.

The Right of Residence

The receiving State shall issue to nationals of other Member states who would be recognized having as a right of residence, a residence permit, or in other cases, a residence permit for nationals of a Member State of the Alliance.

The Right to Remain

This right would apply in particular to all those persons who have become refugees during the Great Lakes crisis and who do not wish to return to their country of origin, preferring instead to remain in the host state as a citizen of the Alliance. It would also be recognized in respect of a worker from another Member State who has discontinued the employment that justified his right to reside in the host country but nevertheless wishes to remain on a permanent basis.

Recognition of this right would tend, primarily, to give its holders the right to maintain their residence in the country where they are settled. This right would result in automatic renewal of the residence permit or, where appropriate, the granting of a new one.

Like all elements of the right to free movement of persons, the right to remain would be exercised subject to certain limitations justified on grounds of public policy, public security or public health.

Indeed, on grounds of public policy or public security, it may be that a national of a Member State would not be permitted to enter a country and take up employment.

The security of the state may also be invoked to restrict the free movement of persons. Any Member State of the Alliance may take such measures as it considers necessary for the protection of the essential interests of its security, in relation to the production, circulation or trading of arms, munitions and war materiel. In this case, it would be accepted that a Member State would be entitled to carry out, upon entry into its territory of nationals of other Member States who are lawfully resident in it, checks on whether those nationals have a residence permit. But these checks should not be practised systematically, arbitrarily or in an unnecessarily restrictive manner, so as to run the risk of potentially constituting a prohibited barrier to entry.

Member States would have to consult with each other, with a view to taking on a joint basis the steps needed to prevent the functioning of the European Economic Area Alliance - in this case the free movement of workers - from being affected by measures that a Member State might take in the event of serious internal strife.

The abolition of checks on persons at borders is considered as one of the fundamental objectives to be expected from the realisation of an economic area based on the Alliance. It would be linked to the progress of intergovernmental cooperation in the fight against terrorism, regional crime and trafficking of all kinds, especially arms trafficking.

Third specific act of the first phase of the process:

The Free Movement of Goods

After complete implementation of the free movement of citizens of the Alliance and with due respect to a transition period, the free movement of goods would be implemented. The realization of the free movement of goods within the Alliance would include a prohibition of customs duties and charges with equivalent effect between Member states of the Alliance, the adoption of a common customs tariff in their relations with third countries, prohibition of quantitative restrictions and measures with equivalent effect, and the development of national monopolies.

However, taking a broader and more common sense approach, the free movement of goods within the Alliance would be based on a set of rules, which

- by removing obstacles of any kind that oppose their implementation;
- by preventing the creation of new barriers that might be created;
- as well as by creating harmonious common rules and standards;

would aim to merge the national markets into a single economic area based on the Alliance, within which goods labelled as "Alliance" goods would be able to circulate freely under conditions similar to those governing a national market.

The concept of goods labelled as "Alliance" goods.
The provisions on the free movement of goods between member countries of the Alliance would be aimed at freedom of movement within the customs territory of the Alliance for all trade in goods; i.e., of significant silver products and capable, as such, of forming the subject of commercial transactions irrespective of their nature, their specific qualities or their destination or whether they are agricultural or industrial products. And the following would be considered "Alliance goods": goods produced or manufactured entirely within the Alliance. This category refers to goods manufactured and produced in the Alliance from raw materials, components, originating within the territory of the Alliance.

Goods "transformed" within the Alliance
Even if no problem of definition would arise with regard to the "Alliance" origin of a product wholly obtained within the Alliance, it would still be necessary to define and specify the conditions under which a product of "composite fabrication", derived from a transformative process that took place in different countries, could be described as originating within the Alliance. From this it follows that goods originate from a country where they underwent their last substantial, economically justified transformation or processing, provided this was carried out in an undertaking equipped for that purpose and resulted in the manufacture of a new product or else a product representing a major stage of manufacture.

Goods in free circulation in the Alliance
Goods from third countries for which import formalities have been completed and for which customs duties and charges with equivalent effect payable have been levied in that Member State, and which have not benefited from a total or partial drawback of such duties and taxes, would be considered as being in free circulation in a Member State of the Alliance.

It results from these provisions that the following would be considered as being in free circulation: goods imported into the territory of a Member State:

- after payment of payable customs duties and charges with equivalent effect;
- without the benefit of a total or partial drawback of such duties and taxes (e.g. on the part of the exporting State);
- and compliant with the import formalities required by the importing Member State (including regulations of the Alliance or national regulations compliant with Alliance standards, to which the import of the goods concerned would be subject.

Third party goods that meet these conditions would be treated as goods originating within the Alliance and would therefore benefit from the regime of free movement within the Alliance.

The free movement of goods within the Alliance would play a leading role in the implementation of the Alliance's economic area. It would bring the citizens of the Alliance greater and better distributed prosperity, a significant improvement in the social advancement of farmers, farmers, ranchers and a significant expansion of employment. It would also bring about economies of scale, increase production and improve productivity.

  

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