Perspectives towards the development of the social protection dimension of the SADC regional integration agenda

by | Oct 14, 2019 | SADC, SADC 2012I2

Perspectives towards the development of the social protection dimension of the SADC regional integration agenda

Authors Letlhokwa George Mpedi, Mathias Nyenti

ISSN: 2026-8556
Affiliations: Professor and Director: Centre for International and Comparative Labour and Social Security Law (CICLASS), Faculty of Law, University of Johannesburg; Research Coordinator: Centre for International and Comparative Labour and Social Security Law (CICLASS), Faculty of Law, University of Johannesburg
Source: SADC Law Journal, The, 2012, Issue 2, p. 164 – 186

Abstract

The social protection of Southern African Development Community (SADC) residents is one of the central objectives of the SADC integration agenda. Evidence of this can also be seen in the various instruments adopted and/or concluded by SADC member states which are geared towards the promotion of adequate social protection in the region. These instruments include the SADC Treaty, the Charter of Fundamental Social Rights, the Draft Protocol on Facilitation of Movement of Persons, the Code on Social Security, the Code on HIV/AIDS and Employment, the Declaration on Gender and Development, the Declaration on HIV and AIDS, and various other instruments dealing with issues such as occupational health and safety. This paper explores the extent to which the social protection dimension of the regional integration agenda has been realised. It evaluates the extent to which the development of social protection in the region has been given prominence in the evolving regional integration initiatives. This is achieved by examining the regional social protection and related instruments, their impact on ensuring the establishment of a SADC-wide social protection regime, and steps adopted to realise SADC’s social protection goals.

Enhancing access to South African social security benefits by SADC citizens: The need to improve bilateral arrangements within a multilateral framework (Part II)

by | Oct 14, 2019 | SADC, SADC 2012I2

Enhancing access to South African social security benefits by SADC citizens: The need to improve bilateral arrangements within a multilateral framework (Part II)

Authors Marius Olivier

ISSN: 2026-8556
Affiliations: Director: International Institute for Social Law and Policy; Extraordinary Professor: Faculty of Law, University of the North-West, Potchefstroom; Adjunct-Professor: Faculty of Law, University of Western Australia, Perth, Australia
Source: SADC Law Journal, The, 2012, Issue 2, p. 129 – 163

Abstract

This contribution, the second of two parts, reflects on the need and availability of mechanisms to improve bilateral arrangements within a multilateral framework in order, amongst other things, to enhance access to South African social security benefits by SADC migrants. It discusses the impeding impact of the operation of the current immigration law and policy framework, as migrant workers whose employment or right to reside in South Africa has terminated may not have sufficient opportunity to finalise social security arrangements before departure. In addition, the widely reported xenophobic conduct vis-\xc3\xa0-vis and treatment of non-citizens further hampers access to social security benefits. The current labour agreements between South Africa and certain SADC countries, as is the case with more recent Memoranda of Understanding, are inadequate for various reasons, and do not qualify as true bilateral social security agreements. Despite guidance provided by the AU Migration Policy and Social Protection Frameworks and related documents, SADC regional social security and migration policy frameworks are still absent. The development of an integrated vision and harmonised policy framework at SADC level with regard to migration needs to be supported at the country level by a coherent and relevant migration policy. While some provision is made for the protection, in social security terms, of the position of non-citizens, SADC instruments invariably qualify the protection available; importantly, such protection is not supported by nationality discrimination and freedom of movement provisions. International instruments provide an important framework for a range of applicable principles for the treatment of non-citizens in social security, the protection of their accrued rights and portability of benefits, and the entering into of bilateral agreements. However, while applicable UN instruments have been widely ratified by most SADC countries, this is not so as regards ILO social-security-related Conventions, with particular reference to ILO migration Conventions. There is an evident need for the adoption of suitable bilateral social security agreements to better regulate entitlement to South African social security benefits and related social security coordination provisions. This flows from the weak provision made in this regard in the South African legal system and the legal systems of other SADC countries. Flexible approaches should be adopted by, for example, initially focusing on areas of concern which are common to South Africa and its neighbouring countries, and which are in need of urgent action (such as access to occupational injuries and disease benefits). It is argued that the bilateral regime should be undergirded by a multilateral framework which contains generally applicable standards and displays a phased and incremental approach in relation to (a) benefits provided for; (b) categories of persons covered; (c) the introduction of the principle of aggregation/totalisation of insurance periods/contributions; and (d) countries included in the agreement.

A human rights approach to climate change in Africa: Challenges and prospects

by | Oct 14, 2019 | SADC, SADC 2012I1

A human rights approach to climate change in Africa: Challenges and prospects

Authors Obonye Jonas

ISSN: 2026-8556
Affiliations: Practising Attorney, Bayford & Associates; Lecturer, Law Department, University of Botswana
Source: SADC Law Journal, The, 2012, Issue 1, p. 78 – 97

Abstract

Since 1992, when the first negotiations on climate change took place, no other single topic in the world has been given so much of policymakers’ time. The reason for issues surrounding global warming and climate change coming to the fore is not hard to find: it stems from the fact that, when greenhouse gas emissions are left unchecked, the future will be inhabitable. However, despite palpable threats presented by global warming and climate change, not much has been achieved in terms of abating greenhouse gas emissions into the atmosphere, with countries like the United States — which are the greatest producers of carbon dioxide emissions — refusing to commit themselves to the to the global quest to reduce such emissions. Clearly, the attitude of the United States and other like-minded states portends misery for the future. Unfortunately, the dire consequences of climate change resulting from actions of uncooperative states are felt most keenly in Africa because the developing world has a limited capacity to adapt. Global warming is a threat to humankind, on the African continent and beyond it, and calls for all states to devise multi-vector strategies and concentrate their efforts in combating this problem.

Freedom from hunger, climate change and the sinking ark of agro-biodiversity: Any options for SADC?

by | Oct 14, 2019 | SADC, SADC 2012I1

Freedom from hunger, climate change and the sinking ark of agro-biodiversity: Any options for SADC?

Authors Anganile Willie Mwenifumbo

ISSN: 2026-8556
Affiliations: Works for UN Office of the High Commission for Human Rights, but writes in his own capacity
Source: SADC Law Journal, The, 2012, Issue 1, p. 55 – 77

Abstract

This contribution examines the general impact of climate change on agro-biodiversity for a predominantly agro-based Southern African Development Community (SADC) economy. It contends that any efforts to deal with the adverse effects of climate change need to be focused at the SADC region level, considering that the effects of climate change would significantly vary from one region to the other. It is, therefore, argued that the geographic proximity of SADC states and the effects of climate change on the region’s common agenda identified by Article 5 of the SADC Treaty justify the need that any climate change interventions primarily need to focus on the specific needs of the region. On this point, the paper notes that almost all SADC Member States are party to the United Nations International Covenant on Economic, Social and Cultural Rights (ICESCR). The contribution argues that SADC Member States have an obligation under the fundamental right to freedom from hunger prescribed both by the ICESCR and the SADC Treaty to preserve agro-biodiversity as a tool to combat the adverse effects of climate change. The contribution further explores the options available for SADC to successfully respond to the effects of climate change by examining possible strategies for mitigation and adaptation.

Climate change policy positions and related developments in the AU and SADC

by | Oct 14, 2019 | SADC, SADC 2012I1

Climate change policy positions and related developments in the AU and SADC

Authors Oliver C Ruppel

ISSN: 2026-8556
Affiliations: Professor of Law, Faculty of Law, University of Stellenbosch, South Africa
Source: SADC Law Journal, The, 2012, Issue 1, p. 14 – 35

Abstract

Both the African Union (AU) and the Southern African Development Community (SADC) have embarked on new policy pathways to accommodate climate change more effectively in future. These pathways and recent developments such as the Tripartite Initiative and the BRICS Partnership between Brazil, Russia, India, China and South Africa are reflected on as they are not only deemed to become more and more relevant in a changing climate, but at the same time promise to enfold potential and new opportunities for economic and sustainable development for Africa on regional and sub-regional levels. It is the objective of this article to discuss these new policy pathways and related developments and, where possible, assess their potential benefit. While doing so, the article reflects on legal and institutional structures, some relevant cases, contemporary and future challenges, and developmental perspectives pertinent to the issue of climate change and the African continent.