African Union and African universities to take heed of watershed legal ruling

The following article represents an opinion piece by Dr Ilyayambwa Mwanawina, an expert in regional integration, international law, good governance and human rights from the North-West University (NWU). He explains what he believes the African Union and African universities should learn from this watershed legal ruling – especially with regards to African integration.

The US decision
The Trump Administration’s Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” (which, among other changes to immigration policies and procedures, aimed to ban for 90 days the entry into the United States of individuals from seven countries), was met with global animosity. During an emergency court proceeding the order was successfully contested by the States of Washington and Minnesota as being unconstitutional and illegal. The order stranded its residents abroad, split their families, restricted their travel, and damaged the state’s economy and public universities. The two states were able to advance a series of arguments aimed at showing that there was a great detriment that they were facing as a result of the executive order. For instance, The University of Washington illustrated that it was in the process of sponsoring three prospective employees from countries covered by the executive order for visas as well as two medicine and science interns. Both states argued that their education systems embraced a mission of “global engagement,” therefore the executive order prevented them from advancing this mission.

African integration
The African Union and its regional economic communities have adopted various plans and agreements aimed at strengthening the pan-African integration agenda. Some of these protocols involve encouraging member states to work towards the progressive and eventual elimination of immigration formalities to facilitate open movement of skilled labour on the continent. The rationale behind these protocols is to ensure that persons that can make a positive contribution towards the advancement of social, economic and scientific endeavours on the continent should be permitted to do so from any country, without much hindrance. It is in recognising the need for a wide diversity of talent and skills that some African countries, including South Africa, have adopted visa regimes that allow industries to look beyond the political boundaries within which they are established.

Implications for the higher education sector
A quick glance at the Times Higher Education World University Rankings will reveal to anyone how well the United States dominates the top rankings. Though some may disagree with the manner in which these rankings are tabulated, it’s hard to dispute the scientific contributions that these institutions peddle out on a continuous basis. What is also evident is the determination with which these institutions in Washington and Minnesota were able to oppose the Presidential executive order. They argued that their educational goals and success was “inextricably bound up” or relied on visiting students, scholars, and faculty staff who sometimes originate from, or have ties in the countries whose citizens were suspended entering the United States. It is then no surprise for one to infer that some of the scientific progress in America is a result of the intellectual efforts of non-Americans.

In pursuit of more meaningful integration, the African Union, has also recognised the importance of strengthening its call for member states to reconsider their immigration regulations. This call has however not received the political will it deserves since there is a tendency to sometimes focus on domestic interests at the expense of regional objectives. To some extent, the detachment of civil society from the possibilities that lie in regional integration perpetuates this lack of political will. What is required in order to reap the benefits of a united Africa is the deliberate and concerted effort of all stakeholders on the continent.
 


Dr Ilyayambwa Mwanawina

 

Submitted on Wed, 03/01/2017 - 12:30