The labor aspects of the African Charter on Human and Peoples’ Rights

Abstract

This article argues that the African Charter on Human and Peoples’ Rights is a fundamental normative pillar for building an emancipatory labour law in Africa. Beyond a fragmentary reading of Article 15, the study highlights the Charter’s transformative potential, contending that its sui generis nature offers an alternative paradigm to the dominant liberal-individualist model. Through a qualitative and dogmatic approach, it shows how this unique framework underpins a labour protection network, ranging from fair working conditions to an economic development model centred on decent work as a collective right. The article also examines the synergy between the Charter and the ILO normative system, emphasizing the principle of the most favourable standard and the notion of diagonal effectiveness as vectors for enhanced protection. Without overlooking effectiveness challenges, it analyses the jurisprudence of African bodies and the political obstacles to implementation. It concludes that the full realization of this potential requires strategic litigation, courageous judicial dialogue, and the appropriation of the Charter by social actors.