International/Cross-Border Labour Migration (ICBLM) 16 August 2011

1. International/Cross-Border Labour Migration (ICBLM)16 August 2011

2. Presentation Outline • Legislative frame work; • Role of DOL in labour migration management • Addressing the challenges

3. Legislative frame workImmigration Amendment Act, 2004 (No. 19 of 2004): • Preamble: • Globalisation policy principle: • 1.(h) “The S. African economy may have access at all times to the full measure of needed contributions by foreigners” • 1.(i) “The contribution of foreigners in the S. African labour market does not adversely impact on the existing labour standards and the rights and expectations of South African workers” • 1.(j) “a policy connection is maintained between foreigners working in S. Africa and the training of our citizens” • Immigration Regulations (GazetteNo.27725) R16(4)(i) Notice No. 616.

4. Legislative frame workRole of DoL in Policy Formulation & Review • Amended Act & Regs • S(4) Composition and functions of the Immigration Advisory Board (IAB): • (ii) “a representative of the following Departments , at least equivalent to the rank of Deputy Director-General:” • The Dept. Labour DD-G: Public Employment Services (PES) represents the DoL at the board.

5. ILO Conventions on Labour Migrant Management. • Convention No. C97: “Migration for Employment Convention (Revised) 1949” & • “Migrant Worker (Supplementary Provisions) Convention 1975. • International Labour Office (Int. Organisation for Migration ‘IOM’) accommodated; • Free services to migrants-rendered; • National labour laws to apply equally to migrants

6. DOL Strategic intention • DOL’s intentions are to protect and safeguard S 1.(i) “The contribution of foreigners in the S. African labour market does not adversely impact on the existing labour standards and the rights and expectations of South African workers”

7. Current Labour Legislation • Current Labour Laws embrace the spirit and intentions of ILO Conventions 1949 & 1975 • Current labour legislation apply equally to migrant workers working in SA. • Short coming is that there is no specific legislation dealing with migrant and immigration of labour ( DOL is dependant on Immigration Act and has no legal basis to deal with challenges posed by migrant workers)

8. 4. Envisaged improvements under the New Employment Services Bill 2010 • The New Employment Services Bill, 2010 aims to: • strengthen existing employment services functions that remained within the Department of Labour under the Skills Development Act, 1998, as amended, following the President’s Proclamation published in Government Gazette No 32549, dated 04 September 2009. • The Bill will draw on a wealth of international experience, challenges and seek to assist employers and job seekers to adjust to changing economic situations.

9. Addressing the challenges • Legal framework: Provides legal basis for PES to manage employment services including labour migration. • Private Employment Agencies (PEA’s): Protecting migrant workers against abuse when placed by the PEA’s. • Skills transfer to locals: based on the law forregulatory purposes. • Ensures alignment with the Immigration Act, 2002 as Amended

10. THANK YOU