Employment legislation concerning Chinese nationals in Botswana : lessons from SADC and the ILO

Abstract

This study examines the employment of non-citizens within the framework of appropriate regulatory statues and constitutional dispensations, as contained in the domestic legislation of the individual countries, Botswana, Namibia, South Africa and Lesotho as part of the Southern African Development Community (SADC). Focusing on labour law development regarding the legislative position of the employment of non-citizens, such as; immigration requirements, basic minimum employment conditions and protection of employment rights have consequently been part of Africa-China economic relations with SADC host countries. The People's Republic of China (PRC), or China, assistance and its Foreign Direct Investment (FDI) impacts SADC globalised market economies. China State and Chinese companies, increasing engagements in Botswana, Namibia, and South Africa and to a lesser extent in Lesotho, through extended foreign diplomatic and bilateral trade relationships, are characterised by dominant employment of Chinese non-citizens within these host countries. Botswana and the other host countries' labour market regulative legislation, faces the challenge of developing labour law regulating the protection of decent work, within the international ILO framework for fair and stable globalisation. Assessment of the current labour laws, and economic influences of the individual countries, would bridge the legal cultural gap and enhance sustainable economic growth. Valuable lessons learned from within the region have the potential of ensuring a more mutually beneficial outcome to the "win-win" scenario, from an African perspective, regarding China-Africa relationships.