This paper surveys frameworks of labour migration in southern Africa and determines South Africa's policy responses to inflows of migrants from seven neighbouring countries. Legislations, policy reports and scientific publications on migration were thoroughly reviewed and interviews and correspondence with key policymakers were conducted. Statistical analyses of data on foreign worker recruitments and permits issued by South Africa's Department of Home Affairs were also performed. The absence of a migration protocol in southern Africa suggests SADC Members have not implemented the African Union's migration policy basic guidelines. Two systems coexist in southern Africa that complicate migration governance: a South Africa-managed bilateral migration policy, and aspirations for a formal SADC-managed migration policy. Bilateral agreements between South Africa and neighbours have established a labour migration system that dims prospects for a regional migration policy. SACU Members could establish a two-tier policy to achieve free movement while maintaining managed migration policy outside SACU. An official multilateral migration governance mechanism would serve SADC better than the current ad-hoc measures.
Despite the long history of international migration in the region, Southern Africa lacks an official governance system to manage cross-border movement of persons and labour migration. Such migration is occurring at an increasing pace with the globalisation of the world economy, and South Africa attracts the largest number of cross-border migrants from Southern Africa. There is evidence that South Africa's current responses to the reality of regional migration in Southern Africa do not provide the most optimal solutions to the phenomenon. This policy brief, therefore, makes the case for the Southern African Customs Union to establish itself as a regional migration policy laboratory, where new innovations could be introduced before considering a potential/incremental expansion to the SADC region. This policy brief is based on findings from a wider research initiative that surveyed and analysed legislative and policy frameworks regarding labour migration at the global and regional levels and particularly in Africa, with an emphasis on the Southern African Development Community (SADC). The research sought to investigate existing policies and related similar bilateral or regional frameworks pertaining to labour migration and, in particular, labour migration originating from Namibia, Botswana, Lesotho,
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