The right to work of migrants and the challenges of accessing the labour market in South Africa

Abstract

Migrants are people who leave their countries for different reasons. These reasons can be political, economic, social and environmental. Those who migrate seek protection and better opportunities in the destination countries with stable political environments and strong economies. Migrants are also willing to work to sustain their livelihoods and their families. However, they find themselves in an extremely vulnerable position and encounter many challenges which prevent the enjoyment of the right to work. The right to work is a fundamental human right which is protected and recognised in many human rights standards. The right to work is necessary for the realisation and the enjoyment of other human rights. It constitutes an integral part of human dignity and enables people to gain a living through the work they choose or accept. This mini-dissertation examines how the right to work is guaranteed to migrants in South Africa. The focus on South Africa is due to the fact that South Africa is one of the main destination countries in Africa. Since the post-apartheid period, the majority of migrants target or prefer to come to South Africa because of its political and economic stability. If the right to work is an integral part of basic rights, human dignity and human survival, it must also be guaranteed to migrants because being a migrant does not exclude the exercise and the enjoyment of the right to work. However, the majority of migrants are discriminated against in so far as accessing the job market in South Africa due to many barriers. This mini-dissertation analyses different challenges migrants are facing in looking for employment and how difficult their integration is in the South African labour market. It examines South African legislation in relation to the right of migrants to work, with a brief emphasis on refugees and asylum seekers. It considers international instruments that recognise migrants’ right to work and other labour rights. This mini-dissertation concludes by giving some recommendations that will help the South African government to review its laws, as well as to prevent challenges that impede migrants getting jobs and accessing the labour market.