Examining the role of the African Continental Free Trade Agreement in advancing labour standards

The extension of labour standards in contemporary free trade agreements has become an indispensable instrument that can potentially contribute towards the protection of labour standards, the promotion of safe and secure working environments, and the ending of modern slavery, child labour, and human trafficking. Notwithstanding their importance, labour standards are conspicuously absent from the explicit objectives and scope of the African Continental Free Trade Area Agreement (AfCFTA). This is despite that the Protocol on Investment to the AfCFTA includes an abstract state-centric obligation concerning labour standards and prohibits weakening such standards to attract investment. These obligations require investors to comply with certain labour standards and exempt regulatory action to protect labour rights from the ambit of provisions regarding indirect expropriation. This article argues that to further consolidate labour standards and protect workers’ rights in the AfCFTA regime, there is a need to adopt accompanying specific labour standards-related provisions, including a specialised trade-labour protocol and other measures, which should be implemented alongside the continental free trade agreement.