Decent work for all : towards fostering social protection in the SADC region

• Record Number: lesotho_v26_n1_a1
• Author: K.E. Mosito,P. Setlojoane
• Pages: 1-40
• Date: 01 September 2018
• Published date: 01 September 2018
• DOI: 10.10520/EJC-110b03cd4d

DECENT WORK FOR ALL: TOWARD S FOSTERIN G SOCIAL

PROTECTI ON IN THE SADC R EGION

Mosito K. E. & Setlojo ane P.

Abstract

Social pro tection becomes crucial in ward ing off the harmful

effects of t he socio-political and economic risks that society

faces. However, finding a social protection sche me t hat is

comprehensive for the benefit of the entire nation is an uphill

battle espe cially in l ow econ omies countries. The SADC

region is not immune to this predicament as it is considered

one of the poorest regions in the world. Nevertheless, this

does n ot mea n th at the region is succumbing to this

challenge as it continues t o find p ossible ways out. Its

initiatives have been to include in its policies philosophies

that are a dvocated by the ILO in order to strengthen their

regional policies espec ially in the labour law context. The

ILO also introduced the c oncept of decent w ork for all in one

of its recent report. The intersecti on of this concept with

social security and social prote ction in the SADC region

forms the fulcrum upon which the discussion in this paper is

based.

INTRODUCTION

The Southern African Development Community (SADC) region is

working towards addressing a wide variety of interrelated socio-

Dip (Law), B.A. (La w), LL. B; PGD Labour Law (Co n & Arb) (NUL);

LL.M (Edin ); PhD (UCT), Associate Professor of Law an d Dean of the

Faculty o f Law (NUL).

 LL. B (NUL); PGD Complian ce M anagement (UJ); LL.M (UCT ); M BA

Candidate (Wits), Head, L egal & Gover nance, Nedbank, Lesotho.

2 LLJ Vol. 26 NO. 1

political a nd econo mic chall enges. One of the main chall enges at the

top of the SADC countri es’ developmental agenda is the way of

attaining each member country’s improved social security system.

The appr oach has been base d on the tra nsplantatio n of legal

systems from other jurisdicti ons in terms of borrowing and bent.

Apart fr om this, orga nisations s uch as the Internati onal Labour

Organizati on (ILO) have been very influential regardi ng strategi es

and policies that are useful i n improving social security w orldwide.

Decent work is a n ILO concept and initiative meant to e ncourage

member states worldwide to r ethink and enhance both work and

social policies. The aim of this article is to evaluate the manner i n

which t he concept of decent w ork may positiv ely i mpact on

fostering social protecti on provisi oning within the SADC regi on.

This is basically based on the view t hat, social security in the region

faces so me pec uliar challenges,

1

the e xistence of which ha mpers th e

economic develop ment. This ai m will be achieved in basically six

main ways. First, the article will briefly comment on the region’s

socio-econ omic profile. The s econd step will adumbrate the region’s

approaches to addressing these economic risks. It will be noted that

social security is a tool that the region has be en usi ng in addressing

the sai d socio-economic risks. An attempt will be made to sketch a

brief understanding of t he co ncept of social security within the

region as well as t he region’s policy objectives on social security.

Thirdly, t he arti cle will discuss the challe nges t hat appe ar to

weaken social security provisioning in t he region. The fourt h step

will briefly undertake a discussion of the nature of social s ecurity in

the SADC region. Fifthly, a glance at the social s ecurity chall enges

in the region will be undertak en. The sixth phase will be a

discussion of the concept of decent work and its intersection with

social protection. The seventhly, a discussion of the i mplications of

1

Olivier M, ‘Social Protecti on in the SADC R egion: Opportunit ies and

Challenge s’, (2002) 18 (4 ) The Intern ational Journal of Comparativ e Labour Law

and Indus trial Relations p 3 77.

3

the concept of decent work for the SADC region will be considered.

The article will, eight hly, examine the likely effect of t he policy

formulation based on the integration of social protection and dec ent

work in t he region. The ninth step will be t o place the concept of

decent work and s ocial pr otection into persp ective, with the vi ew of

determining the approac hes’ implications for S ADC. By way of

conclusion, the article will highlight the salient points flowing from

the discussi ons in this paper.

SADC REGI ONAL SOCIO-ECONOMIC PROFI LE

The SA DC is an organisation of a number of Southern States. It is a

regional coop eration and int egration of som e of the African

member states whose purpose was at its inception, to achievement

of the politi cal and economic liberati on of the Souther n African

region.

2

These cou ntries wis hed to be fr ee from depending on their

colonialists.

3

Most of th ese cou ntries did manage t o get

independen ce. However decolonisation left massive poverty,

economic ba ckwardness and the p owerful and hostile w hite

minority-rul ed neig hbours.

4

These fa ctors were propelling reasons

that led leaders of members of this org anisation to co me up with

ways in which the promoti on of th eir economic and social

development through integration and cooperation could be

attained.

5

Over and above the political independence, the

integration and cooperation of these countries were aimed at the

promotion of e conomic and social developme nt. It is important

though, to mention that the region experiences an economi c

2

So uthern African De velopment Community (SADC), (DRAFT ) Region al

Indicati ve Strategi c Devel opment Plan (RI SDP), SA DC Secret ariat (Mar ch

2003) p 1. The SADC re gion is made u p of fourteen me mbers.

3

Ibid.

4

Ibid.

5

Ibid.