Social protection afforded to irregular migrant workers : thoughts on the Southern Africa Development Community (with emphasis on Botswana and South Africa)

摘要

The majority of migrant workers target those countries in southern Africa that havestronger economies. Irregular migrants are in a particularly vulnerable position, andthis article discusses the protection that this category of persons may expect toexperience in the southern African region. It traverses the international, continentaland regional instruments providing protection to irregular migrants, and considersthe constitutional and legislative frameworks in relation to social protection inBotswana and South Africa. The article concludes by recommending that thebroader notion of “social protection”, rather than the narrower concept of “socialsecurity”, should be emphasized. Job creation programmes are essential. It suggeststhat the advantages of the free movement of people in the region should beexplored and encouraged. The article also supports the notion that a regional policythat seeks to balance the flow of migrants in the Southern African DevelopmentCommunity should be adopted.