Enhancing Social Protection for Migrant Workers: Challenges and Strategies in the East and Horn of Africa

Migration in the East and Horn of Africa (EHoA) is characterised as mixed migration. The region is a source, transit, and destination for various migratory flows, with forced migration and labour migration continuing to drive the main movement trends within and across countries. Migrant workers, asylum seekers and refugees, often travel along similar routes into, within, and out of the region. Migration from the region occurs along three main routes: the eastern route to Yemen and the Gulf, the southern route towards South Africa, and the northern route to North Africa and Europe. The geographic sub-region spans a total of 18 countries, each with its unique migration pattern and profile, hosting 7.7 million international migrants in 2020. The migration landscape is majorly influenced by a complex interplay of factors, such as armed conflict, political instability, environmental degradation, climate change, unemployment, and limited economic opportunities. 

Migrant workers from the EHoA region often find themselves confined in low-skilled jobs in destination countries due to various factors, among others, lack of recognition of qualification and/or skills. The migrant workers encounter challenges in competing for medium and high-skilled positions abroad mainly due to limited access to quality education and vocational training in their home countries prior to departure that meets the needs and requirement of destination countries, and limited language proficiency in the official language or languages commonly used in  the destination countries. The migrant workers in irregular status face even greater barriers to accessing medium to high-skilled jobs. Legal restrictions often confine them to informal or low-skilled work, as they lack the required documentation to seek employment in the formal sector. Some employers take advantage of the vulnerable situation of migrants in irregular status and offer them low-skilled jobs with low wages and substandard working conditions, including lack of legal protections and benefits. 

Despite the migrant workers’ significant contributions to the labour force in destination countries, they are frequently marginalised and excluded from legal and social protection policies in their host countries, and encounter obstacles in accessing the transfer of their benefits. The lack of social protection for migrant workers exacerbates their vulnerability to exploitation and abuse. Many migrants endure long working hours, low wages, and unsafe working and living conditions without adequate legal recourse or support systems[1]. Without access to healthcare, unemployment benefits, or legal assistance, these individuals are left defenceless against exploitation by unethical employers. Moreover, the precarious legal status of many migrants further increases their vulnerability. In addition, fear of deportation or retaliation often discourages migrants from speaking out against abuses or seeking assistance from authorities. Lastly, the complex and time-consuming application processes for social protection benefits discourage migrant workers from seeking the assistance they require.

Social protection is a set of policies and programmes designed to reduce and prevent poverty and vulnerability during one’s life. It ensures access to health care and income security for all. It provides support for families in case something happens to the breadwinner of the family. Social protection provides a peace of mind and hope for a better future. Lack of social protection leaves people vulnerable to poverty, inequality and social exclusion across the life cycle, and the solution is universal social protection.

Although everyone has the right to social security (Universal Declaration of Human Rights, Art. 22), significant coverage gaps persist. According to ILO statistics, 4 billion people worldwide lack social protection. Only 29% of the world’s population has adequate social security coverage and 55% lacks any coverage at all, including many migrant workers. Migrant workers compared to nationals working their entire lives in one country, face major legal and practical obstacles in accessing social protection benefits. They may be denied access or have limited access to social security because of their status or nationality or due to the insufficient duration of their periods of employment and residence. Access to social protection for all, including migrant workers and their families, is among the priorities of the United Nations (UN) 2030 Agenda for Sustainable Development Goal. In addition, the 2018 Global Compact for Safe, Orderly and Regular Migration recognized the importance of protecting workers across borders and ensuring their access to social protection, including by building social protection floors and ensuring the portability of entitlements and earned benefits.

Just like national workers, for migrant workers, social protection is vital to safeguards their rights, ensures their well-being, and mitigates vulnerabilities associated with their migration status. Moreover, it will provide access to essential services and support systems, such as healthcare, maternity, education, housing, and income security, regardless of their nationality or status. It addresses the unique challenges that migrant workers face, including exploitation, discrimination, and lack of legal recourse, particularly in the low-skilled and/or informal employment sectors. 

In particular, low-skilled migrant workers in destination countries encounter various challenges regarding social protection, including the legislative barriers, poor compliance with existing social security laws, lack of coverage by the social security system in destination countries, portability of social security benefits, limited awareness of rights and entitlements, and complex application processes. Legislation and administrative procedures often fail to ensure that migrant workers' social security rights are protected even across borders[2]. Existing laws and regulations usually discriminate against migrant workers, denying them access to social welfare benefits. Even in cases where laws are favourable, compliance rates tend to be low, resulting in widespread non-coverage of migrant workers. Furthermore, many migrant workers are unaware of their rights and entitlements, which limits their ability to advocate for themselves effectively.

To ensure social protection for migrant workers, countries of origin and destination must adopt various strategies. This includes ratification and application of relevant ILO Conventions and Recommendations as a first step towards the domestication of the principles and standards therein, progressively building national social protection systems including social protection floors, that are inclusive of migrant workers, by developing and/or revising and implementing national policies and legal frameworks in line with relevant ILS, concluding and enforcement of social security agreements (bilateral/multilateral) to ensure social security coordination, inclusion of social security provisions in bilateral labour agreements (BLAs) or Memorandums of Understanding (MoUs), adoption of unilateral measures including ensuring equality of treatment and the establishment of national social protection floors to extend social protection to migrant workers and their families, complementary measures addressing the administrative, practical, and organizational obstacles faced by migrant workers and social partners should be actively involved in the planning, design, and monitoring of all the above policy options.

These measures are crucial for upholding the social protection rights of migrant workers and advancing their well-being.

Addressing the challenges of migrant workers necessitates comprehensive and inclusive social protection policies that guarantee migrant workers' rights and dignity. Governments must prioritise the implementation of labour laws and regulations that protect migrant workers from exploitation while also ensuring their access to social protection. It is possible to extend social protection to the 4 billion people worldwide who still lack it. The ILO works in supporting countries in their efforts to create or improve their national social protection systems. Countries have made laudable progress but billions of people around the world still do not benefit from adequate social protection. Lack of social protection leaves people vulnerable to poverty, inequality and social exclusion across the life cycle. The solution is universal social protection. Universal social protection is key to achieving several of the UN SDGs. Without it, we cannot eradicate poverty, reduce inequalities or achieve gender equality.

Written By: Yonas Berhané, Communications Officer, Better Regional Migration Management (BRMM) Programme, ILO

Reviewed by: Aida Awel, Chief Technical Advisor (CTA), Better Regional Migration Management (BRMM) Programme, ILO