Migrant workers and the right to social security : South African perspective

Abstract

The relationship between migration and social security is attracting an increasing amount of attention in academic circles. Increasingly migrant workers, documented as well as undocumented become victims of a broad range of social security exclusions. Social security systems are firmly rooted in national state considerations, and States fervently defend their decision-making monopoly in the social sector. Such a national order of social security is in discord with the globalization of labour markets and intensifying mobility of individuals in search of better lives and employment opportunities elsewhere. The principle of territoriality, which encompasses that the scope of application of social security legislation is confined to the boundaries of that country by which it has been enacted, optly excludes foreigners from the coverage or entitlements or benefits or may afford them less favourable treatment, or even absolutely deny any social security coverage to them. Hence, there was a need to indulge in the discussion of this nature to find out to what extent the social security laws in South Africa and international law protect migrant workers. This study therefore attempts to discuss the various problems that migrant workers experience in South Africa as far as social security is concerned. It generally analyses, critically so, the role of social security in protecting migrant workers in South Africa. The central finding is that narrowing the gap in social security protection between migrants and citizens would yield a broad set of benefits. The study therefore calls for an equal access to coverage and entitlement to benefits as national workers. Although the focus is on migrant workers, many of the concerns and issues raised, analysis and discussions cut across different categories of non-citizens. The research comprises five chapters which are interrelated. Chapter one introduces the dynamics and the magnitude of the problem, while two and three generally discuss policy and constitutional imperatives of social security in relation to migrants. Chapter four goes beyond the boundaries by venturing into the international perspectives, while the last chapter concludes and recommends accordingly.