This presentation gives an overview of the SADC region and its responses to Migration

1. SADC
TOWARDS AN ORDERLY, SAFE AND DIGNIFIED
MIGRATION
SADC
Towards an orderly, safe and dignified
Migration

2. Introduction
• The Southern African Development Community is one among the major
sub-regional economic communities in Africa
• Situated in the Southern part of the continent, the SADC was initially
conceived in the 1960-1970s as the ‘Front Line States’ fighting for liberation
of southern Africa
• Currently, SADC has a total membership of 15 States.

3. Trends and Typologies of Migration
• According to the United Nation’s Economic and Social Affairs Department,
southern African had about 4.5 Million migrants.
• Over three million of these migrants were of the working age (20- 60 Years).
• The bulk of these migrants are within the region.
• The statistics from the United Nation’s Economic and Social Affairs
Department further suggests that SADC’s migration is predominantly
economic induced. Out of the 4.5 Million migrants only 300,000 were
refugees

4. Initiatives of the Southern African
Development Community (SADC)
• Protocol on the Facilitation of Free Movement of Person
• SADC Declaration on Social and Environmental Responsibility in the
Extractive Industry
• SADC Regional Migration Policy Framework
• Regional Consultative Process on Migration (RCP)
• SADC Protocol on Education and Training

5. Protocol on the Facilitation of Free
Movement of Person
• Article 5(2)(d) of the Treaty establishing the SADC requires SADC to
formulate policies aimed at progressive elimination of obstacles to the free
movement of labour, and of the people of the region generally. In line with
this requirement, several policy and legal instruments with direct bearing on
migration have been adopted
• Adopted in 2005, this protocol was expected to provide a comprehensive
migration framework to guide smooth movement of people and transfer of
skills between and across countries.

6. • Despite the centrality of the Protocol in achieving some of the goals of
Article 5 of the SADC Treaty, its ratification has been slow. Currently only 6
of the 15 SADC Member States have ratified the Protocol since its adoption
in 2005.
• The Member States that have ratified the Protocol include Botswana,
Lesotho, Mozambique, South Africa, Swaziland and Zambia. This falls short
of the nine countries required for the Protocol to enter into force

7. SADC Declaration on Social and Environmental
Responsibility in the Extractive Industry
• This declaration acknowledges the cross-border nature of labor migration,
particularly in the extractive industry, and emphasizes the need for
responsible corporate practices.
• By promoting responsible conduct in the extractive industry, the SADC aims
to ensure the protection of migrant workers and their rights.

8. SADC Regional Migration Policy
Framework
• The SADC Regional Migration Policy Framework provides a comprehensive
and coordinated approach to migration management in the region.
• It outlines principles and guidelines for member states to follow in managing
migration, with an emphasis on protecting the rights of migrants and
ensuring their safety and dignity.

9. Continuation..
• The policies include:
 Labour Migration Action Plan(2020-2025)
SADC Common Regional Policy Framework on Refugees and Asylum
Seekers(2019)
SADC Guidelines on Coordinated Boarder Management (2011)
SADC-United Nations High Commissioner for Refugee Action Plan
(UNHCR)(2020-2024)

10. Regional Consultative Process on
Migration (RCP)
• The SADC RCP is a platform for member states to engage in dialogue and
cooperation on migration-related issues.
• Through the RCP, SADC countries can share information, best practices,
and coordinate efforts to address common challenges in migration
management

11. SADC Protocol on Education and Training
• Article 3(a) states as an agreed objective of Member States “to
work towards the relaxation and eventual elimination of
immigration formalities in order to facilitate 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”

12. Continuation…
• Many of the SADC countries have specific permits for study or educational
purposes (DRC, Malawi, Mozambique, Namibia, South Africa, Swaziland,
Zambia, and Zimbabwe). Zimbabwe has two types of study permit: one for
scholars and one more general. Tanzania is the only country besides South
Africa to have what could be termed a treaty permit.
• This means that ones SADC state members get the permit then they can
travel to the EAC states

13. Observation
• Although the above instruments provide a general legal framework and
guidance for the management of migration, what is lacking in the SADC
region is a region specific legal/policy framework that takes cognizance of
the regional migration and development context and spells out relevant
region specific migration management strategies.
• The migration issues in Tanzania may not be the same as those in South
Africa for instance.

14. Tanzania
• Here we will discuss the extent to which these initiatives have affected
migration governance in Tanzania.
• In Tanzania, immigration is not a new phenomenon. Flocking of migrants in
the country can be traced as far back as to over years even before
independence for various reasons, which include economic, social, cultural
and political.

15. • Tanzania, as a member state of SADC, is influenced by these regional
initiatives. However, the extent to which these initiatives affect the migration
governance of member states can vary due to factors such as national
policies, local contexts, and the political will to implement regional
agreements.

16. Labour Migration
• Tanzania’s approach to labour migration is largely influenced by the SADC
Labour Migration Policy Framework and its Action Plan . Which has led to
policies that prioritize the rights and well-being of migrant workers.
• A migrant worker who believes their firing was unfair may pursue their case
before an arbitrator or labor court in accordance with the provisions of the
Employment and Labor Relations Act of 2004

17. Continuation..
• The Immigration Services Department gives the guidelines on how migrant
workers can enter Tanzania and the requirements they need to adhere to in
terms of permits, stay and exit.
• The Non-Citizens(Employment Regulation) Act 2015 provides for ways in
which non-citizens can be employed within Tanzania

18. Facilitation of Movement
• The SADC Protocol on Facilitation of Movement of Persons has
encouraged Tanzania to implement measures that facilitate the movement of
SADC citizens.
• SADC citizens do not need visa to visit Tanzania.
• This has contributed to regional economic integration especially with the
Tourism sector.
• The Immigration Act Cap 54 revised edition 2016 facilitates migration in the
region

19. • Tanzania has also aligned its immigration policies with regional frameworks
to ensure consistency and promote the free movement of people within the
SADC region

20. Boarder Management
• SADC’s regional strategy on immigration and border management has
encouraged Tanzania to collaborate with neighbouring countries to enhance
border security and facilitate legitimate movement
• The Immigration Act Cap 54 creates entry point and exit points including
airports, sea ports, boarder post to facilitate entry, clearance and movement
of persons within Tanzania in line with SADC treaty
• This has been achieved through bilateral agreements with member states

21. • Tanzania and South Africa have a bilateral agreement permitting free
movement of goods and people between the two countries.

22. Conclusion
• SADC as a region still has a long way to go in ensuring orderly, safe and
dignified migration in the region. It is still a work in progress and is
dependant on Member State’s willingness to adhere to this goal.

23. THE END