West and Central Africa have developed one of the continent’s most advanced regional frameworks for the free movement of people and the protection of migrant workers. Yet despite significant legal and institutional progress, many migrants continue to face barriers when seeking to exercise their rights in practice. According to Dr Christian Angue, Senior Lecturer in Public Law and member of the Network of Legal Experts on Migration in West and Central Africa, closing this gap requires “an integrated approach combining legal, institutional and practical dimensions”. In this interview with Dialogue Migration, Dr Angue examines the progress made, the challenges that persist and the measures needed to ensure that migrant workers can effectively access the rights guaranteed to them by law.
You state that labour migration is not imaginary. Why?
Far from being merely perceived, it is a documented reality supported by statistical and economic data. It is a genuine driver of development. Migrant workers bring their expertise and labour to meet the needs of job markets, which often experience shortages in certain sectors.
Furthermore, some governments, particularly in Europe, have recently regularised the legal status of thousands of migrants in order to address domestic economic needs. This demonstrates that labour migration is an integral part of structural economic dynamics.
How is a migrant worker legally defined?
A migrant worker is a foreign national who moves from one country to another to carry out formal or informal paid work.
They are expected to integrate into the labour markets of their host countries. However, these labour markets can sometimes come under strain, leading to a negative perception of migrant workers among the local population. Such hostility is often based on subjective considerations and myths, particularly the notion of an ‘invasion’, which is not supported by data analysis.
What is the situation with regard to intra-African migration in West and Central Africa?
These regions are major hubs for this type of migration. Since the 2000s, there has been a significant increase in movement within regional economic communities.
In principle, migrant workers are entitled to a range of general and category-specific rights similar to those enjoyed by nationals. However, their status as foreigners, particularly their administrative situation (regular or irregular), significantly impacts their ability to exercise these rights.
Access to these rights therefore becomes the central issue.
What does “access to rights” mean?
It is a fundamental principle that everyone should have access to their rights. It ensures that everyone, regardless of nationality, has the opportunity to learn about their rights and receive free advice and assistance with legal procedures.
The aim is to promote equality, prevent conflict and combat exclusion.
However, in West and Central African countries, such access remains difficult. A large proportion of migrant workers operate in the informal sector, outside a strict procedural framework.
Is there a sufficient normative framework?
Yes, the normative architecture is relatively dense. It is based on general international standards, such as (the Universal Declaration of Human Rights and the International Covenants of 1966), as well as category-specific standards from the International Labour Organisation. These include (Conventions Nos. 97 and 143 on migrant workers) a specific instrument and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. The framework is also based on regional instruments in Africa, such as (the African Charter on Human and Peoples’ Rights, the 1979 ECOWAS Protocol on the Free Movement of Persons and the 1994 CEMAC Regulation on the Free Movement of Persons).
These instruments establish a genuine nexus between labour law, migration, and human rights.
But why is access still limited?
Despite this dynamic framework, several obstacles persist.
There are legal and institutional obstacles such as on-ratification or incomplete ratification of certain International Labour Organisation conventions is one such obstacle, partial transposition of regional instruments, weak coordination between labour law and immigration law andimited implementation of existing legal provisions.
The operational obstacles include insufficient institutional coordination, lack of resources, low levels of migrant unionisation and ifficulty accessing justice
The socio-economic obstacles of migrant workers, , particularly those in an irregular situation, are overrepresented in the informal economy. They often face low wages, absence of written contracts, limited social protection, discrimination and risks of exploitation
What are the prospects for improvement? What solutions do you propose?
These measures should address legal, institutional and practical dimensions simultaneously to ensure that migrant workers can effectively exercise their rights.
From a legal perspective, national legislation should be aligned with international standards, all relevant International Labour Organisation (ILO) conventions should be fully ratified, and the principle of non-discrimination should be explicitly enshrined in labour codes. States should also conclude bilateral agreements aimed at protecting migrant workers.
From an institutional perspective, governments should create or strengthen specialised ombudsman mechanisms, establish regional information-sharing systems and improve cooperation between states on migration and labour issues.
From a practical perspective, awareness campaigns should be conducted to inform migrants of their rights, legal aid services should be strengthened, and efforts should be made to support the unionisation of migrant workers. In addition, public–private partnerships should be developed and civil society organisations should receive the technical support needed to assist and advocate for migrant workers.
In other words, the law does exist. There are numerous texts. Institutions are in place. However, its effectiveness depends on political will, regional coordination and investment in practical support for migrants.