ANALYSIS OF MULTILATERAL MIGRATION GOVERNANCE IN SOUTHERN AFRICA YUMI NAKAYAMA ToKYO UNIVERSITY OF FOREIGN STUDIES

REGIONAL OVERVIEW(1) The number of refugees were added to the estimate of international migrants The number of international migration in SADC region has increased (2000-) About 50% move within region Emigrants toward outside the region exceeded the number of intra-regional migration in 2000s

REGIONAL OVERVIEW(2) (Segatti, 2017) Late 19C~ Mining Industry 1960s~ Asylum Seekers and Refugees 1990s~ 2000s~ Commercial Farming Construction Services Small Scale Trader Brain Drain

RESEARCH QUESTION Q: How has the Regional Migration Governance in Southern Africa Emerged So Far？ WHAT IS REGIONAL MIGRATION GOVERNANCE？ Regional migration governance take two different forms(Lavenex et. Al, 2016: 457) 1)to establish broader market with liberalized internal mobility within regional integration framework 2)to encourage dialogue and cooperation within informal transgovernmental network

WHY SOUTHERN AFRICA？ SOUTHERN AFRICA WESTERN AFRICA Total Population(2015) 322 milliion 349 million Share of intra-regional migrants as share of all emigrants from region (2017) 51% 64% Reciprocal open visa policies (2016) 52％ 100% Regional Integration Frameworkl Southern African Development Community（since 1992） Economic Community of West African States （since 1975） Legal Instrument Protocol on Facilitation of the Movement of Persons (2005) Protocol relating to Free Movement of Persons, Residence and Establishment (1975) Informal Transgovernmental Network Migration Dialogue for Southern Africa (MIDSA) (since 2000) Migration Dialogue for West Africa (MIDWA) (since 2001) Rabat Process (since 2006)

THREE WAVES OF EMRGENCE OF REGIONAL GOVERNANCE Border Security Xenophobia Disease Free movement Human Trafficking Mid 1990’S Mid 2000’s 2010’S

REGIONAL GOVERNANCE THE 1st WAVE (mid 1990’s) The Draft Protocol on The Free Movement of Persons in the SADC (1995) The Draft Protocol on The Facilitation of Movement of Persons within SADC (1997, Jan) The Protocol on Education & Training (1997, Sep) freer movement of students and staff within the Region for the specific purposes of study, teaching, research and any other pursuits relating to education and training(Article 3, g)) facilitate movement of researchers within SADC countries for purposes of research, consultancy work and related pursuits (Article 8, 3)

FREE MOVENENT vs FACILITATION OF MOVEMENT （Ouscho and Crush, 2001, p SADC Secretariat South Africa The first workshop about free movement in 1993　 Preparing the Protocol on the Free Movement under consultation with two experts (one was a expert on the European Shengen Agreement; the other was a Zimbabwean layer) Decline the SA’s draft and Re-draft the Protocol on the Facilitation Movement in 1998 Consultate with Human Science Research Reject Council (HSRC) Reject the Protocol on the Free Movement in 1996 Produce a Draft of the Protocol on the Facilitation of Movement in 1997 Raise opposition with Botswana and Namibia The immigration policy in South Africa has become increasingly restrictive since 1994. (SAMP, 2000:12)

REGIONAL GOVERNANCE THE 2nd WAVE (early 2000’s) Migration Dialogue for Southern Africa (MIDSA) (since 2000) Charter of Fundamental Social Rights in SADC (2003) Partnership on HIV and Mobility in Southern Africa (2004-2006) The Protocol on The Facilitation of Movement of Persons within SADC (2005)　　 promote labour policies, practices and measures, which facilitate labour mobility, remove distortions in labour markets and enhance industrial harmony and increase productivity, in Member States (Article2, 1(c))

DEVELOPMENT OF LEGAL INSTRUMENT Right-Based Approach Security-Based Approach Employment and Labour Sector working with several stakeholders including ILO IOM to develop a regional strategy on labour migration Little attention paid for migrant rights Organ on Politics Defense and Security raised questions related to the facilitation protocol in 2003 (Williams, 2006: 5) Approved by the SADC Summit ratified only by Botswana(2005), Mozambique(2006), South Africa(2008), Swaziland(2006) in 2000’s

THE PROTOCOL VS BILATERAL AGREEMENT South Africa Mozambique (2003) Zimbabwe (2004/2009) Tanzania (2007) DRC (2004) Namibia (2008) Lesotho (2006) The Protocol to facilitate entry into Member States without a visa for a maximum period of 90 days per year not to ensure access to labour markets to establish a sufficient number of border crossing points into the territory of another State Party with identical opening hours on each side of the border and ensuring that at least one such post remains open twenty-four hours every day

REGIONAL GOVERNANCE THE 3rd WAVE (2010’s) Declaration on Tuberculosis in the Mining Sector (2012) SADC Regional Decent Work Programme (2013–2017) SADC Labour Migration Policy Framework (2014) SADC Protocol on Employment and Labour (2014) SADC Revised Regional Indicative Strategic Development Plan (2015– 2020) (Human and social development cluster) Policy harmonisation, National sovereignty: Rights and obligations of Member States Protection of migrant workers’ rights and safety Develop Governance Harmonised labour migration policies Availability of Data and Statistics Migrant workers’access to health care Improve mechanism for remittance transfers SADC Labour Migration Action Plan (2016–2019)

GLOBAL DIFFUSION OF “DECENT WORK” DEFICIT the Decent Work Agenda which expresses the mandate of the ILO in the reality of the 21st century (ILO 2008) “We strongly support fair globalization and resolve to make the goals of full and productive employment and decent work for all, including women and young people, a central objective of our national and international policies as well as our national development strategies, including poverty reduction strategies, as part of our efforts to achieve the Millennium Development Goals.”(UN World Summit 2005, A/RES/60/1, paragraph 47.) “We are convinced of the urgent need to create an environment at the national and international levels that is conducive to the attainment of full and productive employment and decent work for all as a foundation for sustainable development. ” (UN ECOSOC Ministerial Declaration-2006 )

LAUNCH OF SADC FREE TRADE AREA (2008)

MIGRATION AND TOURISM NEXUS  member States to conclude bilateral agreements for visa exemptions. Most member States have exempted each other from visa requirements. 

CONCLUSION Emergence of regional migration governance experienced three waves; 1)liberalization-based approach in 1990s, 2)security-based approach in 2000s, 3)multi-sectoral based approach in 2010s Because Regional Migration Governance in southern Africa affected by the interests of member states, especially South Africa, inter- governmental approach is dominant in the region Internal and External Transgovernmental Network contribute to develop regional migration governance by sharing interests among member states Regional migration governance in southern Africa takes multi sectoral approach

THANK YOU FOR YOUR ATTENTION This work was supported by JSPS KAKENHI Grant Number 16H06547