Can Morocco, a North African State/Country be Legally welcomed into the Economic Community of West African States (ECOWAS) as a Member State?

I recently heard some former Nigerian diplomats complaining about the application of Morocco, a north African country to join the Economic Community of West African States (ECOWAS), since that country is not geographically contiguous to West Africa. Indeed, the request could be considered a done deal already.

Morocco's quest to join the European Union is also well famed. The reasons behind this desire of the north African country is quite hazy. In fact, Morocco's penchant for desiring to join other economic unions other than the Arab-Maghreb Union has rightly generated interests across different fields.

While the real reasons for Morocco's latest desire to join ECOWAS are yet debatable, some persons have argued that Morocco is simply searching for a place to export the products of her well advanced industrial hub. While others have argued that Morocco's request to join the ECOWAS is just intended to check the dominance of Nigeria in the West African economic bloc. Morocco herself has sighted the slow pace of integration efforts and the common face-off between members of the Arab-Maghreb region as reasons why she continuously searches for more progressive minded economic unions to belong to.

In any event, the relevant question is this: considering the relevant provisions of the ECOWAS Treaty as revised, can Morocco, being a north African State, seek to join a West African Union like ECOWAS, for integration efforts on the African continent?

A cursory look at the relevant provisions of the ECOWAS Revised Treaty of 1993, being Art.2(2) thereof, reveals that 'the members of the Community, hereinafter referred to as "the Member States," shall be the States that ratify this Treaty.'

From the provisions establishing membership of the ECOWAS, all that is expected is for a State to ratify the ECOWAS Treaty. Geographical contiguity does not seem to be of any much significance to the acquisition of membership in the community. A liberal interpretation of this Treaty provision would suggest that any country in any part of the world willing to ratify the ECOWAS Treaty is eligible to become a member of ECOWAS. The scary direct repercussion is that, if any of Russia, China, South Africa, India, or even far away Australia is willing to ratify the ECOWAS revised Treaty, such a country can become a member state of ECOWAS!

Away from the realms of conjecture, Morocco may find some interesting legal hurdles in the aims and objectives, as well as the fundamental principles of the ECOWAS Treaty. First and foremost, Art.3(1) of the revised ECOWAS Treaty provides that: 'the aims of the Community are to promote co-operation and integration, leading to the establishment of an economic union in West Africa in order to raise the living standards of its peoples, and to maintain and enhance economic stability, foster relations-among Member States and contribute to the progress and development of the African Continent.' (underlining mine, for emphasis).

The ECOWAS revised Treaty envisages that there shall be established in due course, an economic community for WEST AFRICA. However, Morocco is not within the West African geographic area. How Morocco intends to participate in the achievement of this aim without a further revision of the Treaty remains to be seen. In any event, if the treaty is further revised to take care of the interests of countries in other regions other than the West Africa, will this not water down the intentions of the founding fathers of this West African Community? It simply implies that Morocco, if allowed membership of ECOWAS, may not be properly positioned to benefit from the economic union that is to be formed in West Africa.

Secondly, by Art.4(j) of the ECOWAS revised Treaty, the contracting parties solemnly affirm and declare their adherence to the promotion and consolidation of a democratic system of governance in each Member State as envisaged by the Declaration of Political Principles adopted in Abuja on 6th July 1991. The liberal implication of this, is that, Morocco, which practices monarchy, under the leadership of a king, will have to commit to the promotion and consolidation of a democratic system of governance within her borders, or at least, open herself up to the ECOWAS Community, and her institutions, so as to promote such adherence. The extent to which Morocco will willingly go in compliance with this fundamental principle will be seen in the coming years, as lip service which that country paid to reforms geared towards democracy, especially in the wake of the Arab Springs, will no longer work, in the face of these glaring treaty obligations.

Conclusion

The ECOWAS revised Treaty is couched in such a way that Morocco, like every other interested country not necessarily within the West African geographical spread, can validly join the West African Community, once they ratify the ECOWAS Treaty. The only snag could arise with the willingness of Morocco and any other intending Member State to comply with their treaty obligations under that Treaty.