Legal Protection of Free Movement of Labour Within the East African Community: A Comparative Analysis

This article critically examines the legal and institutional frameworks that govern the protection of employees’ right to free movement of labour within the East African Community (EAC), with particular focus on Tanzania, Kenya, Uganda, Rwanda, and Burundi. The EAC Common Market Protocol (CMP), which came into force in 2010, sets out clear commitments for partner states to guarantee the free movement of persons, labour, goods, and services, aiming at promoting deeper economic integration and equitable social development in the region. However, more than a decade after its adoption, the practical implementation of these commitments remains fragmented and inconsistent. National immigration laws, restrictive work permit regimes, the lack of harmonized standards for the recognition of qualifications, and the non-transferability of social security benefits continue to pose significant obstacles to the free movement of workers. This paper analyzes the constitutional, statutory, and policy measures that each of the five states has put in place to comply with the CMP. The article concludes that while significant progress has been made in protecting workers’ fundamental rights within national contexts, deeper harmonization of labour laws, elimination of discriminatory administrative practices, and stronger political will are essential for realizing the EAC’s goal of a truly integrated labour market.