CALL FOR INCLUSIVE SOCIAL SECURITY: EXPERT URGES SOUTH AFRICA TO REFORM POLICIES FOR MIGRANTS POST-COVID-19

By Precious Mupenzi

• The COVID-19 pandemic exposed significant gaps in South Africa’s social support for vulnerable migrant groups, highlighting the need for urgent policy reforms to ensure inclusive social security coverage.
• Professor Marius Olivier, a leading expert in social security, argues that constitutional commitments and international conventions must guide South Africa in building a framework that includes all migrant groups in essential services, especially in times of crisis.
• Proposed reforms include establishing bilateral agreements, integrating migrant children into social protections, and aligning with global social security guidelines to enhance support and uphold human rights for migrants in South Africa.

“There is a critical need to address the legal and policy gaps in social security for migrants, especially in times of crisis like a pandemic,” emphasised Professor Marius Olivier at the launch of the Social Security Review Volume 2 in Cape Town. Prof. Olivier, an expert in social security and migration policy, spotlighted South Africa’s challenges in supporting migrants, underscoring the urgent need for inclusive reforms in the nation’s social security framework.

The pandemic exposed the vulnerable position of South Africa’s migrant population, with many migrants facing barriers to basic support. During COVID-19, restrictive policies left certain migrant groups—such as temporary and undocumented migrant workers—without access to social assistance, noted Olivier, advocating for comprehensive reforms to address these gaps. Drawing on his global experience with social security systems in Africa and Asia, Olivier highlighted the importance of aligning South Africa’s policies with international human rights conventions to ensure migrants are no longer sidelined in crises.

The panel, moderated by Mr Brenton Van Vrede, Executive Manager of Grant Operations at SASSA, discussed how the pandemic revealed weaknesses in South Africa’s social protection system. Migrants, often living in precarious conditions, struggled to access emergency support due to policy limitations. The Social Security Review noted that while some support was extended to asylum seekers and special permit holders during COVID-19, temporary workers and undocumented migrants were largely excluded.

“Migrants, regardless of their status, deserve access to essential social support, especially during times of extreme vulnerability like a pandemic,” said Olivier. Citing South Africa’s constitutional commitments, he advocated for at least basic social assistance and emergency healthcare for all migrants. He pointed to Section 27 of the South African Constitution, which guarantees emergency health services for everyone, yet essential social assistance remains absent from the country’s legal and policy framework.

Prof. Olivier proposed key recommendations for broadening social security coverage for migrants, beginning with a faster, more comprehensive response to their needs. He urged South Africa to ensure that migrants are included in essential services not just in emergencies but through a sustained policy approach.

One of Olivier’s recommendations was to integrate migrants within a social protection framework that includes both citizens and non-citizens, focusing on essential protections during crises. He referenced the National Social Protection Floors—an international guideline that South Africa has committed to—as a potential foundation for domestic reform.

Emphasising the importance of international conventions, Olivier argued that South Africa should leverage these to strengthen migrant protection. “We must look to bilateral social security and labour agreements to better serve temporary migrant workers,” he suggested, noting the need for comprehensive agreements with neighbouring countries.

To overcome restrictive policy challenges, Olivier recommended developing a social security framework that aligns with both international law and South Africa’s constitutional requirements. He pointed out that the judiciary has, over time, clarified the minimum level of social protection migrants should receive in the country, including access to emergency healthcare and basic assistance.

Prof. Olivier also called attention to the specific needs of migrant children. Excluding these children, especially those of undocumented migrants, from social protection violates constitutional and international norms, he argued. He noted that Section 28 on children’s rights, together with Section 27, supports the entitlement of all children to social security protections, regardless of their parents’ migration status.

As South Africa reviews its social security policies in the post-COVID era, Social Security Review Volume 2 underscores the need for reform. The panel discussion reflected on the pandemic’s lessons, emphasising that any future crisis response must be inclusive of all vulnerable groups within the country’s borders.

Prof. Olivier’s recommendations suggest a way forward, harnessing international frameworks and bilateral agreements to extend protections for temporary workers and other migrant groups. These reforms could help South Africa uphold its human rights commitments and ensure that no one is left unsupported in future crises.