The Role of the Civil Society in Promoting Migrant-friendly Labour Rights in South Africa

By: Lizzy Ofusori

According to the United Nations Development Programme (UNDP), developing countries are more likely to experience irregular migration. On average, it is projected to account for one-third of all migration to developing countries (UNDP 2009 and 2019). In Africa, for example

South Africa is a country that has a significant number of migrants who come from various countries in Africa and other parts of the world. Many of these migrants come to South Africa in search of better opportunities, including employment. However, they often face discrimination and exploitation in the workplace, making it essential for civil society organizations to advocate for their rights and provide support. Migrant workers in South Africa are often subjected to poor working conditions, low pay, and discrimination. This is due to various factors, including a lack of legal protection, xenophobia, and employer exploitation. Many of these migrants are also undocumented, making it difficult for them to assert their rights and access basic services such as health care and education.

Furthermore, due to the issue of undocumented migrants, civil society organizations find it challenging to advocate for their rights. Thus, civil society organizations have an important role to play in promoting migrant-friendly workers’ rights in South Africa. It is important to note that civil society in South Africa includes a range of organizations, such as trade unions, non-governmental organizations (NGOs), and community-based organizations (CBOs). These organizations play a critical role in advocating for the rights of migrants and promoting policies that ensure their protection and inclusion in society. In South Africa, Civil Society Organizations (CSOs) are at the forefront of promoting migrant workers’ rights. Their efforts are essential in advocating for policy change, raising awareness and serving migrant workers. Hence it is important to explore the role of civil society in promoting migrant-friendly workers’ rights in South Africa.

Some ways in which civil society can promote migrant-friendly workers’ rights in South Africa include:

Raising Awareness

Civil society organizations can raise awareness regarding the challenge’s migrant workers in South Africa face. This can entail spreading knowledge about how prejudice, exploitation, and abuse affect the health and welfare of migrants. Civil society organizations can educate the public about the contributions that migrants make to the economy and society. By raising awareness, civil society organizations can create a more conducive environment for migrants and encourage employers to treat them fairly. This may lessen the likelihood of exploitation and prejudice at work.

Advocating for policy changes

Civil society organizations can play an essential role in advocating for policy changes that protect the rights of migrant workers. For example, civil society organizations can lobby the government to implement policies that ensure fair and equal treatment of migrants in the workplace. This can include policies that regulate recruitment agencies and ensure that unscrupulous employers do not exploit migrants. Civil society can also advocate for policies that ensure that migrant workers have access to social services such as healthcare and education. This is particularly important for undocumented migrants who may not have access to these services. Civil society organizations can lobby the government to provide these services to all migrants regardless of their immigration status. According to the United Nations Development Programme (UNDP), the International Labour Organization (ILO) has been working closely with the South African government to promote the rights of migrant workers and to develop policies that support the inclusion of migrant workers in the labour market.

Encouraging Dialogue

Dialogue between migrants, employers and government can be facilitated by the civil society organization to promote understanding and collaboration. This helps build trust and foster a more inclusive and welcoming environment for immigrants in South Africa. For instance, civil society organizations can facilitate meetings between employers and migrant workers to discuss working conditions and workers’ rights. These meetings can help to build trust and foster a more inclusive and welcoming environment for migrant workers in South Africa. Furthermore, these meetings can help identify areas of concern and develop solutions that benefit both employers and workers.

Providing Support

Civil society organizations can provide support and assistance such as legal assistance, advice on employment rights, social support and access to healthcare and education for migrant workers. For example, some civil society organizations provide legal services to undocumented migrants who are at risk of deportation. Furthermore, training and education can be delivered to migrant workers to help them assert their rights in the workplace. Such training can be on health and safety, training on workers’ compensation and employment rights. This helps empower immigrants and enable them to assert their rights in the workplace. In addition, Lawyers for Human Rights (LHR) is a non-governmental organization that provides legal assistance to migrants, asylum seekers, and refugees in South Africa.

Trade Unions

Trade unions have an instrumental role in several areas to promote fair practices during the recruitment stage and foster a positive migrant-friendly experience in South Africa. Trade unions can represent the interest of all workers, including migrants, and negotiate collective barging agreements that ensure fair and equal treatment of all workers. Trade unions can also offer migrant workers support and help, including legal counsel and guidance on their job rights. Some trade unions have created migrant worker committees to ensure that migrant workers’ concerns are represented in union operations.

In Conclusion

Civil society organizations have a role to play in helping migrant workers, regardless of their immigration status or nationalities, are treated fairly and with dignity in the workplace. However, the work of CSO is not without its challenges, including government resistance to policy change, limited resources and hostility towards migrants from some segments of South African society. Nevertheless, civil society organizations remain committed to promoting the rights of migrant workers and to ensuring that they receive equal protection and opportunities in the workplace

Dr. Lizzy Oluwatoyin Ofusori is a postdoctoral research fellow at the School of Management, IT and Governance, University of KwaZulu-Natal, Durban, South Africa. She writes in her capacity.