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. It traverses the international, continental
and regional instruments providing protection to irregular migrants, and considers
the constitutional and legislative frameworks in relation to social protection in
Botswana and South Africa. The article concludes by recommending that the
broader notion of “social protection”, rather than the narrower concept of “social
security”, should be emphasized. Job creation programmes are essential. It suggests
that the advantages of the free movement of people in the region should be
explored and encouraged. The article also supports the notion that a regional policy
that seeks to balance the flow of migrants in the Southern African Development
Community should be adopted.