Paper/Proposal Title
Protecting Women Migrant Workers’ Rights in South Africa: The Need for a Gender-Responsive Framework
Location
Kennedy Union 222 (on UD's main campus)
Start Date
November 2023
End Date
November 2023
Keywords
Feminisation, women migrants, rights, gender legislative tool, South Africa
Abstract
Whilst feminisation of migration plays a great role in enhancing the agency of women and improving their socio-economic status it exposes women migrants, to potential risks. Upon arrival in South Africa, women migrant workers suffer multiple layers of discrimination. Important to note is that women's migration pathways and experiences are distinct from those of men and predominantly involve greater exposure to multiple risks. Women migrants are at greater risk of exploitation and abuse, including trafficking, with a greater likelihood to work in less regulated and less visible sectors than men. Using an intersectionality approach, the paper examines the interconnectedness of the different layers of discrimination women migrant workers face, heightening their vulnerability in the South African labour market. Secondly, this paper discusses the root cause of the origins of gender inequality from a feminist perspective. A clear understanding of the root cause of gender inequality is important, it ultimately affects women in general as they try to access the labour market. In most instances, local women must compete twice as hard in the labour market to get recognition from employers compared to their male counterparts. The situation is worse for especially a black migrant woman who is faced with multiple layers of discrimination and advertently exposed to low-skilled, very risky, and less regulated jobs where there can easily be exploited. The paper will examine international migration and regional laws which form the normative framework and measure them against South African migration laws and policies. The paper will argue that South African laws are not gender-responsive. The last section of the paper recommends the use of a gender legislative index when formulating migration laws and policies as this will better protect women migrant workers’ rights in South Africa.
Author/Speaker Biographical Statement(s)
Annah Kahari is an LLD student at the University of Free State, currently specialising in Human Rights law. She is a human rights activist with over 10 years of experience in the programme design and implementation of sexual and reproductive health programmes for marginalised communities and individuals in Southern Africa. She currently works as a Project Coordinator for Anova Health Institute, advocating for access to health care for community members.
Protecting Women Migrant Workers’ Rights in South Africa: The Need for a Gender-Responsive Framework
Kennedy Union 222 (on UD's main campus)
Whilst feminisation of migration plays a great role in enhancing the agency of women and improving their socio-economic status it exposes women migrants, to potential risks. Upon arrival in South Africa, women migrant workers suffer multiple layers of discrimination. Important to note is that women's migration pathways and experiences are distinct from those of men and predominantly involve greater exposure to multiple risks. Women migrants are at greater risk of exploitation and abuse, including trafficking, with a greater likelihood to work in less regulated and less visible sectors than men. Using an intersectionality approach, the paper examines the interconnectedness of the different layers of discrimination women migrant workers face, heightening their vulnerability in the South African labour market. Secondly, this paper discusses the root cause of the origins of gender inequality from a feminist perspective. A clear understanding of the root cause of gender inequality is important, it ultimately affects women in general as they try to access the labour market. In most instances, local women must compete twice as hard in the labour market to get recognition from employers compared to their male counterparts. The situation is worse for especially a black migrant woman who is faced with multiple layers of discrimination and advertently exposed to low-skilled, very risky, and less regulated jobs where there can easily be exploited. The paper will examine international migration and regional laws which form the normative framework and measure them against South African migration laws and policies. The paper will argue that South African laws are not gender-responsive. The last section of the paper recommends the use of a gender legislative index when formulating migration laws and policies as this will better protect women migrant workers’ rights in South Africa.
