The will to integrate:

1. Migrating for Work Research Consortium (MiWORC) Project funded by the European Union EU-South Africa Dialogue Facility EuropeAid/132200/L/ACT/ZA. Coordinated by the African Centre for Migration & Society, University of the Witwatersrand The will to integrate: South Africa’s responses to regional migration from the SADC region African Economic Conference, Johannesburg 28-30 October 2013 Chris C. Nshimbi Centre for the Study of Governance Innovation (GovInn), Department of Political Sciences University of Pretoria Department of Political Sciences, University of Pretoria, PRETORIA 0002, South Africa T: +27 12 420 4486 F: +27 12 420 3886 | www.miworc.org.za/ www.governanceinnovation.org

2. Outline • Introduction • Problematisinglabour migration in Southern Africa • Objectives of the study • Research Questions • Methodology • Discussion • Conclusion and recommendations

3. Introduction • Increasing cross-border migration with increasing globalisation • 214 million international migrants in 2010 vs 155 million in 1990. • International migrants in the Global South up by 13 million between 1990 and 2010. • In Africa: the major destination of the 29.2 million African international migrants in 2010, out of the total 214 million, was Africa itself • Drivers of migration in Southern Africa: economic liberalisation, structural adjustments, quest for better economic life, clandestine migration—local herdsmen, ethnic groups.

4. Problematisinglabour migration in Southern Africa • Level of economic development and the degree of similarity of economic development of neighbouring countries in a region shape the ease with which cross border labour mobility can be handled. • Some policies within a region clearly aim at complete free movement for citizens and others aim at managed migration of specific categories of workers. • Many regional labour market regimes focus on skilled migration and link this to the recognition of qualification. • The EU is exceptional regarding evolution of its regional migration governance policies and system from free movement of labour; to EU citizenship and associated benefits and rights; to work; and to establishment.

5. Problematisinglabour migration in Southern Africa • Mercosur States have indigenised the region’s ‘reactive’ labour migration legislation into national policies. • ECOWAS emerges as a best practice for SADC: categorical legislation, evident commitment to free movement of labour. • SADC has significantly progressed towards FTA. • However, SADC is the only REC in Africa that has “refused to endorse the general idea of free movement of persons within the community” (Oucho and Crush, 2001, p. 142). • Therefore, what systems define regional labour migration in Southern Africa?

6. Objectives • Overall: Overview of migration and labour policies in Southern Africa through a comparative analysis of a sub-set of Southern African countries. Specifically: • To investigate existing policies and related similar regional or bilateral frameworks pertaining to labour migration in Southern Africa and particularly, labour migration originating from Namibia, Botswana, Lesotho, Swaziland, Zimbabwe, Mozambique, and Malawi and directed towards South Africa. • To analyse South Africa’s ‘migration’ policy responses to inflows of migrants from these 7 countries.

7. Research questions • What are the prevalent form(s) of regional labour migration governance in the SADC region? • What is the degree of ‘regionalism’ permeating national labour migration legislation in the SADC region? • What labour migration pacts exist between SADC States at the bilateral level, the level at which Betts (2011) suggested skilled labour migration progress might be better made than at the regional level? • How do specific bilateral agreements between South Africa and neighbouring countries impact labour migration in Southern Africa? • At the national level, do legislations and policies on labour and migration build on any SADC framework or do they have any regional considerations in their formulation?

8. Methodology • Primary data: relevant global and regional legislations; interviews and focus groups; correspondence with key policy makers. • Selection of respondents: based on policy portfolio and position within the relevant ministries. • Secondary data: policy reports and scientific publications. • Selection of countries: based on geographical proximity and relevance to the South African labour market. Traditional suppliers of migrant labour to South Africa. • All except Malawi share borders with South Africa.

9. Regional Migration Governance: Africa • Abuja Treaty envisages an African Economic Community built on 8 key African RECs • Two key policy frameworks define the AU’s approach to migration in Africa: • Migration Policy Framework for Africa • African Common Position on Migration and Development • Protocol on Relations between the African Economic Community and the Regional Economic Communities in 1998  • 2005 COMESA-EAC-SADC Tripartite Summit: strengthen and deepen eastern and southern African economic integration. Tripartite FTA yet to be ratified. • 2008 COMESA-ECA-SADC Tripartite Summit: expedite establishment of a larger FTA – 26 States from the 3 RECs; programme to harmonise trading arrangements amongst the 3 RECs; free movement of people and institutional arrangements through which to foster cooperation. • Have African RECs progressed towards achieving free movement of persons and Africa’s integration?

10. Regional Migration Governance in Africa: SADC • Long history of international migration; organised labour migration system by 1860s • 1995 Draft Protocol on Free Movement of Persons – shot down • 2005 Draft Protocol on Facilitation of Movement – more acceptable, adopted and signed but not enforced • Currently no official regional framework governing regional migration • National laws regulate labour migration (preoccupation: national interests over regional) • Other Protocols – e.g. Protocol on Education and Training; Trade, etc.

11. Regional governance of migration in Southern Africa: conclusion • Cross-border movement even in the SACU is not particularly easy from an institutional and legal point of view • Southern Africa: porous with substantial informal cross-border movements that carry political and economic costs. • Bilateralism governs labourmigration • Slim prospects for regional policy on migration

12. Regional governance of migration in Southern Africa: recommendations • The SACU as a policy laboratory: new innovations could be introduced before considering a potential/incremental expansion to the SADC region. SACU members should, therefore, establish a two-tier policy whereby they work towards free movement of labour while maintaining a managed migration policy outside of SACU, within SADC, or within the COMESA-EAC-SADC tripartite region. An operational and official multi-lateral migration governance mechanism would serve the region better than the current ad-hoc measures. • If bilateralism is the only workable practice, SADC States should emphasise forms of bilateralism that take regional elements into account as opposed to exclusive bilateralism. Bilateralism should be encouraged only if it is incremental and used as a stepping-stone towards establishing a regional framework for migration (e.g. it should be compatible with and supportive of policies and protocols being discussed at the SADC level). Where bilateral agreements already exist, therefore, the agreements should be redesigned in order to support regional policies rather than undermine them.

13. Contacts WP1 WP1 (Policy) Coordinator:  Prof. Lorenzo Fioramonti, Centre for the Study of Governance Innovation (GovInn), University of Pretoria. Lorenzo.Fioramonti@up.ac.za Dr. Chris Changwe Nshimbi, Centre for the Study of Governance Innovation (GovInn), University of Pretoria. Christopher.Nshimbi@up.ac.za

14. Thank you for listening.Questions, Comments…?