Wealth through Integration by Elias T. Ayuk & Samuel T. Kaboré

Author:Elias T. Ayuk & Samuel T. Kaboré
Language: eng
Format: epub
Publisher: Springer New York, New York, NY

Measures that appear to apply indiscriminately but in reality disguise discrimination

Measures that apply indiscriminately but are not justified for reasons of general interest

A broad definition of the notion of MEEQR covers “all state interventions dissimilated in the most disparate regulations that, under the veil of legitimacy, often contain effects that are restrictive to the free movement of goods…”37

In the WAEMU, measures of equivalent effect are just as varied. They are forbidden by article 76 a) of the treaty. In its 2008 annual report on the functioning of the union, the WAEMU Commission drew up a list of impediments equivalent to quantitative restrictions. These include technical and administrative barriers imposed on community products such as inspection formalities prior to embarking, imposed minimum import quantities, subordination of the import of origin products to the purchase of national products and retaining declarations prior to import. There are also physical barriers such as escorts, undue tax collection and the multiple roadblocks along the union’s transport corridors. In effect, illicit tax collection and long delays due to multiple controls of transport corridors are the key barriers to the free movement of goods within the WAEMU. Yet, there is no worse obstacle to the free movement of goods than time. It may be true that “it is the ordinary destiny of laws to be far from practices”38; it is also true that in the WAEMU, the practice of the free movement of goods is far from the community regulations. The reality offers nothing but impediments and red tape of all kinds.39

To fight these restrictions, the WAEMU Commission, in collaboration with ECOWAS, has set up an observatory of abnormal practices (APA) on the interstate roads in order to monitor and uncover the dysfunctions in the goods transport system. The goal is to take corrective measures as part of the fight against practices that constitute measures equivalent to quantitative restrictions and even to tariff barriers. Actions should be carried out, particularly in the direction of member states, to remove the multiple control posts and to abolish the various illicit tax collections. The commission should also implement action in event of failure to comply with articles 5, 6 and 7 of additional protocol number I against states that do not respect community prescriptions. One should note to this effect that building the community cannot take place without litigation. Sanctions are more effective than political discourse. The WAEMU would benefit from strengthening its mechanism for recourse for failure to comply by making it stricter. In addition, making economic players more aware of their rights should not be neglected. Ignorance feeds corruption and red tape of all kinds related to the police, the customs and the roads. The commission should also act directly to raise the awareness of economic players. Nobody is better placed to defend rights than the holder of the rights himself or herself.

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