Introduction
Migration in Africa is more than a journey; it’s a dynamic intersection of hope, challenges, and opportunities. It acts as a place of origin, a transit point, and a destination for many individuals.[1] However, in addition, to searching for better opportunities, migrants face challenges like complicated legal processes, shifting borders, and altering regulations, which make it harder for them to continue their journey.[2] Building on this, a key question arises: “How can migration flows be better managed to ensure that labor migration becomes a viable option for all, rather than a struggle filled with obstacles?” The path to opportunity is not straightforward, though. Whether fleeing war or pursuing career aspirations, migrants encounter an uncertain and unpredictable path.[3] The legal challenges surrounding labor migration are more pressing than ever, as African countries grapple with evolving migration policies.[4] This paper seeks to answer these crucial questions: “What legal frameworks can facilitate and support labor migration across Africa? How can barriers be removed to unlock the potential for both migrants and host countries?” In exploring these, the paper will examine the complexities of migration and propose strategies to create a more accessible and supportive environment for labor migration.
Africa’s Migrant Workers: Vital Contributions, Vulnerable Rights
In today’s interconnected world, businesses and industries rely on a wide range of talents and skills to fuel their operations. Migration, an inherent part of human history, plays a pivotal role in supporting household livelihoods, boosting economic well-being, and driving national development.[5] Migrant workers are essential not only for their destination countries but also for their families, as remittances often serve as a lifeline. Despite their contributions, however, migrant workers across the continent face many challenges, including limited access to fundamental rights such as job security, healthcare, and legal protections. Many also find themselves excluded from crucial consular and diplomatic services while abroad, leaving them vulnerable to exploitation and abuse.[6]
This lack of legal safeguards is largely due to insufficient enforcement of international and regional frameworks. For instance, the International Labour Organization (ILO) Migration for Employment Convention No. 97 demands equal treatment for migrant workers in terms of wages, working conditions, and social security.[7] Yet, many African countries have failed to fully implement or ratify such provisions, leaving migrants without the protection they need in their new environments.[8] Similarly, the InternationalConvention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICMW)[9] promises vital protections like fair treatment and access to services, but inconsistent enforcement means these safeguards are often out of reach.
Additionally, the impact of this legal gap is clear migrants are too often subjected to exploitation and human rights violations. The Universal Declaration of Human Rights (UDHR) affirms everyone has the right to work in just conditions.[10] Yet many African migrants find themselves in precarious situations where these rights are ignored. Similarly, the International Covenant on Economic, Social, and Cultural Rights (ICESCR) guarantees rights to work, social security, and healthcare,[11] but these provisions remain inaccessible for many migrants especially those in informal or irregular employment.
Although policies aimed at promoting free movement across the continent, such as the African Union’s Free Movement of Persons Protocol,[12] have made progress, irregular migration is still a pressing issue. Barriers like inconsistent border control systems and fragmented regional integration create an environment where migrants are vulnerable to exploitation by traffickers and forced to take dangerous migration routes.[13] Further, despite the protections guaranteed in the African Charter on Human and Peoples’ Rights,[14] which ensures the right to freedom of movement, weak implementation at the national level leaves migrants exposed to risks and uncertainties.
Moreover, host countries where migrants often seek refuge face their challenges. The sudden influx of people, particularly forced migrants like asylum seekers and refugees, can overwhelm scarce resources such as land, water, housing, and essential services. It is noteworthy that, legal frameworks like the 1951 Refugee Convention[15] and its 1967 Protocol,[16] which outline the rights of refugees, are not always fully integrated into national policies, leaving migrants without critical protections. In the end, realizing that migration is a win-win situation is necessary to maximize its potential.
The Path Forward for Labor Migration
As Africa faces evolving migration challenges, it’s essential to explore how labor migration can be harnessed to benefit both migrants, their countries, and host countries. Below are key strategies for attaining a more inclusive and prosperous migration system.
- Governments at national, regional, and international levels must work together to protect migrants’ rights and ensure their smooth integration. By fully implementing and aligning international and regional agreements with national policies.
- African countries must fully implement the AU Free Movement of Persons Protocol and the African Continental Free Trade Area (AfCFTA).
- Policymakers must focus on crafting forward-thinking solutions that address key issues like youth unemployment, poverty, and environmental degradation among others.
- Remittance is a powerful tool for community upliftment. By reducing transfer costs and improving efficiency, governments can ensure remittances fuel sustainable development.
- African countries must work together on border management and immigration to tackle trafficking and smuggling. By creating safer, more regulated migration pathways.
Conclusion
In closing, the future of labor migration in Africa is brimming with untapped potential. Africa can move people into a powerful force for growth and unity by addressing the underlying causes of migration, promoting regional collaboration, and strengthening legal frameworks. African countries must also prioritize measures that strengthen integration, encourage ethical labor practices, and close international divides to realize this potential. A more prosperous and inclusive migration system can be attained by streamlining legal procedures, protecting the rights of migrants, and utilizing the strengths of the African diaspora. Migration can be a driver for social and economic resilience when it is handled carefully and inclusively, propelling the continent toward a future of more opportunity, connectedness, and shared prosperity.
[1] African Union, Somewhere to call home; the migration dynamics in Africa, 2025, Available at <https://au.int/en/articles/somewhere-call-home-migration-dynamics-africa> Accessed on 1 February 2025
[2] The Global Commission on International Migration, Migration in an Interconnected World: New Directions for Action (Report of the Global Commission on International Migration, 2005) 11.
[3] Haas Hein de, Changing the Migration Narrative: On the Power of Discourse, Propaganda and Truth Distortion (IMI Working Paper No 181/PACES Project Working Paper No 3, University of Amsterdam 2024) 5.
[4] Linda Adhiambo Oucho and Donald Adesubomi Williams, Challenges and Solutions to Migrant Integration, Diversity and Social Cohesion in Africa (2016) 2.
[5] IOM UN Migration, What Are the Most Important Benefits of International Migration?, available at <https://lac.iom.int/en/blogs/3-benefits-international-migration-transform-economies-and-societies-around-world> accessed 13 February 2025.
[6] IOM UN Migration Rwanda, New Agreements Foster Regional Cooperation on Migration for Sustainable Development and Migrant Workers Rights in the East and Horn of Africa, 2022, available at <https://rwanda.iom.int/news/new-agreements-foster-regional-cooperation-migration-sustainable-development-and-migrant-workers-rights-east-and-horn-africa> accessed 18 January 2025.
[7] International Labour Organization, Migration for Employment Convention No. 97 (Geneva, 1 July 1949) (ILO, 1949), art. 6.
[8] International Labour Organization, ‘Ratifications of C097 – Migration for Employment Convention (Revised), 1949 (No. 97)’, available at <https://normlex.ilo.org/dyn/nrmlx_en/f?p=NORMLEXPUB:11300:0::NO:11300:P11300_INSTRUMENT_ID:312242:NO> accessed 10 February 2025.
[9] International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (adopted 18 December 1990, entered into force 1 July 2004) UNGA Res 45/158.
[10] Universal Declaration of Human Rights, UNGA Res 217 A(III), 10 December 1948, art 23.
[11] International Covenant on Economic, Social and Cultural Rights, 16 December 1966, UNTS 993, arts 6, 9, 12.
[12] Protocol to the Treaty Establishing the African Economic Community on the Free Movement of Persons, Right of Residence and Right of Establishment, 29 January 2018, OAU Doc. CMT/AGH/12 (XXVIII).
[13] Rebecca Miller and Sebastian Baumeister, Managing Migration: Is Border Control Fundamental to Anti-Trafficking and Anti-Smuggling Interventions?, (2025) Anti-Trafficking Review, available at <https://www.antitraffickingreview.org/index.php/atrjournal/article/view/29/49> accessed 13 February 2025.
[14] African Charter on Human and Peoples’ Rights, 27 June 1981, OAU Doc. CAB/LEG/67/3 rev. 5, art 12.
[15] Convention Relating to the Status of Refugees, 28 July 1951, 189 UNTS 137.
[16] Protocol Relating to the Status of Refugees, 31 January 1967, 606 UNTS 267.
