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Unpublished Paper
SOCIAL PROTECTION AFFORDED TO IRREGULAR MIGRANT WORKERS: THOUGHTS ON INTERNATIONAL NORMS, THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY, BOTSWANA AND SOUTH AFRICA
ExpressO (2013)
  • Bruno PS Van Eck, University of Pretoria
  • Felicia Snyman, University of Pretoria
Abstract

The majority of migrant workers target those countries in southern Africa that have stronger economies. Irregular migrants are in a particularly vulnerable position, and this article discusses the protection that this category of persons may expect to experience in the southern African region. The authors recommend that the broad notion of “social protection”, rather than the narrower concept “social security” should be emphasized. International, continental and regional instruments providing protection to irregular migrants are traversed and the constitutional and legislative frameworks in relation to social protection in Botswana and South Africa are compared. The article concludes that there are significant differences relating to the countries’ constitutional underpinnings and the level of influence that the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families has had on the countries. In in South Africa constitutional principles have served as a useful tool to extend labor security to migrant workers. This has not occurred in Botswana. It is suggested that the advantages of the free movement of people in the region should be explored and encouraged. The authors also support the notion that a regional policy which seeks to balance the flow of migrants in the Southern African Development Community should be adopted.

Keywords
  • Social protection,
  • social security,
  • labor law,
  • international norms,
  • United Nations,
  • International Labour Organisation,
  • migrant workers,
  • regional instruments,
  • immigrants,
  • constitutional protection
Publication Date
March 26, 2013
Citation Information
Bruno PS Van Eck and Felicia Snyman. "SOCIAL PROTECTION AFFORDED TO IRREGULAR MIGRANT WORKERS: THOUGHTS ON INTERNATIONAL NORMS, THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY, BOTSWANA AND SOUTH AFRICA" ExpressO (2013)
Available at: http://works.bepress.com/bruno_vaneck/1/