Freedom of Trade and Migration Control in Africa: Lessons from South Africa
摘要
Freedom of trade can sometimes feel like an abstract, esoteric concept. This is particularly worsened by the fact that freedoms and rights are mostly understood and enforced from a national perspective. This opens the gateway to the idea that rights are not cross-border in nature or universal, but rather nationalistic. Unfortunately, the freedoms of trade and the movement of persons are frequently misunderstood in this manner. This has resulted in tensions between locals and foreign citizens and businesses in many parts of Africa. This is even though several documents at sub-regional and continental levels allow for this freedom of trade and freedom of movement. These freedoms are not only essential to the realisation of rights, but they are vital in achieving other important goals such as competition and investment. South Africa has been a focal point of these conversations because of recurrent waves of xenophobia and the attacks on foreign-owned businesses, particularly those owned by small to medium enterprises. Given the new wave of regionalisation that is underpinned by the African Continental Free Trade Area (AfCFTA), one can only wonder how foreign businesses and citizens will be received in some states. This chapter responds to this challenge and attempts to provide a detailed exposition of the issues and potential solutions to these challenges through a case study approach.