Socio-legal perspectives on the realisation of human rights of migrant women : a case study of Zimbabwean migrant women who work in Botswana’s informal economy

Abstract

This thesis examines the interplay between Botswana’s legal system, gender and the human rights of Zimbabwean migrant women employed in the country’s informal economy. It investigates how laws, societal gender norms and other factors affect the extent to which these women can exercise their fundamental human rights in Botswana. The increased migration of women globally has led to a greater understanding that migration is a gendered experience, carrying with it differing risks and opportunities for women and men. This trend reinforces the need for further study of the particular gender-specific risks that women migrants face and what impact this can have on the enjoyment of their human rights. It is against this backdrop that, despite the existence of numerous human rights protections for migrant women at both the global and regional levels, these rights are seldom enforced nationally due to various reasons. The research in this interdisciplinary thesis provides an original contribution by employing socio-legal methods to reveal how complex and interrelated legal, political, economic, historical and social factors affect Zimbabwean migrant women’s ability to exercise their rights in Botswana. The study investigates the ways in which the human rights of migrant women are safeguarded and advanced by legal systems and other institutions, and the different ways in which these rights may be violated or denied, including by non-state actors. By examining various forms of gendered abuse and their root causes, the research sheds a holistic light on the challenges that migrant women face in realising their rights. The precarious economic and political situation in Zimbabwe has forced many women to migrate to find work and support their families. Botswana has emerged as a popular destination due to its

geographic proximity, the historical ties between the two countries and its reputation as a safe and stable nation. They have, however, faced numerous obstacles in the process. In this context the research study has revealed that various intersecting factors, such as gender, economic status and nationality place many Zimbabwean migrant women in Botswana in direct conflict with the law. This means that they are vulnerable to significant human rights violations and without sufficient legal protections. These include the violation of their right to security of persons, health and family life, and affronts to their internationally recognised protections against labour exploitation, trafficking, arbitrary detention and collective expulsion. This is in contravention of both the international treaties that Botswana has ratified and her own Constitution. The study establishes that the failure to incorporate human rights norms into Botswana’s domestic legislation has led to stringent immigration regulations which effectively compel many Zimbabwean migrant women to reside in the country irregularly. The result is that they are then exposed to various types of gender-based violence, restrictions on access to critical maternal health services, and cruel and inhumane conditions in employment and/or administrative detention. Further, due to lacunas in the law, children of Zimbabwean migrant women born in Botswana are also at a heightened risk of statelessness, violating their internationally recognised right to nationality. The study’s findings indicate that given their vulnerable position in society the government of Botswana has an obligation to protect, promote and fulfil the rights of Zimbabwean women migrants in her borders. It therefore recommends that the Government of Botswana implement a rights-based regulatory system to protect migrant women’s human rights in line with her national, regional and international-law obligations.