African Migrant Workers should access social protection: Here is why

By: Maria Goyayi

Social protection is defined as the set of policies and programmes that targets at improving people’s livelihood through enhancing their capacity to manage economic and social risks, such as unemployment, sickness, disability and old age. In so doing, social protection reduces vulnerability and poverty in a society, since it has a positive impact on improving access to quality education and health services while at the same time increasing access and investment in productive assets such as agricultural tools. Social Protection ranges from social assistance programmes, non-conditional to having previously made contributions (e.g. cash transfers to poor households) – to social insurance programmes, conditional on past contributions (e.g. contributory old-age pensions). Therefore, provisioning of social protection should be viewed as a priority area for achieving the 2030 agenda by the Government, specifically in addressing Goal 1 on eradicating Poverty and Goal 10 on reducing inequalities in the South African Community.

South Africa (SA) continues being a preferred destination for many migrants from other part of Africa, with an estimated over 2 million migrants of working age (15 to 64 years old) residing in the country. The United Nations Population Division estimated the migrant workforce to be 3.2 million, representing 5.8% in 2015 which grew to 4.2 million representing 7.2% of SA’s total labour force in 2019. SA’s lucrative economy, one of the most advancing in the continent, and its commitment to upholding human rights and rights of refugees and asylum-seekers, contributes significantly to the exponential increase in the inter-regional and international migration to SA. However, the proliferation of migrants into SA has had detrimental effects, compromising government’s stance to its commitment to uphold human rights while delivering its promise to uplifting socio-economic welfare of the public. Despite there being a political will to cater and accommodate migrants in SA, the increasing financial and economic woes has led the government to adopting and frequently changing laws that in numerous ways, have impacted negatively on migrants’ access to social protection. As such In the Southern African Development Community (SADC) migrant workers right’s to accessing social protection is not a realizable right but a myth. In some cases, these migrant workers may have access to some short-term provisions of social protection but are denied long-term or equal access as citizens. Factors that affect legal and effective social protection coverage of labour migrants include non-eligibility, barriers to take-up and portability constraints. In SA, migrant workers are largely excluded from the national social protection system. The existing bilateral agreements with other SADC states do not usually include social protection and where they do, for instance with Mozambique, relevant mechanisms are poorly enforced and employers’ compliance is low. This is a result of negative anti-immigrant attitudes, such as the argument that there are too many foreigners in SA, foreigners are taking their jobs and the likes.

However, the SA government, other relevant stakeholders and the society at large need to become aware of the importance of inclusive social protection. African migrant workers deserve access to social protection in SA and everywhere else and the following are the reasons why: –

• Social Protection as a basic human right: Access to social protection is and should be treated as a basic human right. Reflecting on the basic definition of social protection leads to the realization that all the facets of social protection echoes the basic human rights which should be afforded to all people in the nation. In totality social protection equals to improving livelihood, the very existence of any human being through enhancing their capacity to manage economic and social risks, such as disability, unemployment, sickness and old age. At its very core access to social protection implies access to food, shelter, medical care and security. The SA constitution and other international legal instruments that SA has ratified grants access to social protection to all irrespective of birth, or citizenship status.
• Access to Social Protection for the attainment of 2030 Agenda for Sustainable Development: Access to social protection has numerous implications in meeting the 2030 agenda to which SA government is one of the subscribers. The 2030 Agenda advocates safe and orderly migration and the expansion of legal and effective social protection coverage. Migration and treatment of it, therefore has effects on the implementation of the agenda with respect to social protection. Several goals and targets cannot be met effectively if access to social protection is not guaranteed in writing and in practice to migrant workers. For instance Goal 1: No Poverty, Target 1.3 calls for the implementation of nationally appropriate social systems, measures for social protection systems to achieve ‘substantial coverage of poor and vulnerable groups’. Target 1a calls to ensure significant mobilization of resources from various sources of which migrant workers are labour resource to the host nation. Goal 10: Reduced Inequalities, Target 10.4 calls for the adoption of policies, especially fiscal, wage and social protection policies, and progressively achieve greater equality while Target 10.7 calls for ‘safe and orderly migration’ upon access to social protection is a critical determinant.

• Migrant Workers as a vulnerable sub-group of the society: Labour migrants are often a vulnerable sub-group of the society, particularly those in informal employment or with irregular status. Migrants are more likely to have physical and/or mental health issues, suffer from stigma or harassment and can also be subjects of discrimination in access to labour markets and housing. Therefore migrant workers have a particularly salient need for social protection. Those working in dangerous working environments have a greater risk of work-related accidents or ill health and hence require sickness, disability or work-injury benefits. One particularly vulnerable sub-group of labour migrants is that of domestic worker which mostly lacks regularised status or access to social insurance through their employer.
• Migrant Workers as a contributor to SA’s economic development: While migrant workers suffer limited access to social protection, they contribute in various ways to SA’s social and economic development. Beneficial development effect of migration manifests in numerous ways including skills, remittances, investments and knowledge exchange. Lack of or limited access to social protection disincentives returning migrations and this may have detrimental effect not only on economic development but also in attaining numerous targets and goals set on the 2030 agenda.

Access to social protection in SA should not be an exclusive right to only some social grouping, but extended to all in the society.  Reflecting on the aforementioned conception of social protection, it is indeed a cushion for the vulnerable social grouping that should be afforded to all irrespective of social and legal status. Consequently, as a first step to effectively address the inaccessibility of social protection to African migrant workers and reduce inequities between them and local communities involves developing policies that take their realities into account. Although the existing migration-aware and mobility competent policies do not necessarily translate in practice, the South African government should engage with and include migrant-led organizations, civil society, international organizations, and researchers working with migrant groups in the development of appropriate responses. Leaving this category of the society out of the national social protection framework may engender negative coping strategies leading to mental health issues, and secondary health and economic concerns.

Dr. Maria Lauda Goyayi is an academician and a researcher. She writes in her personal capacity.