Compliance with ILO conventions concerning social security for migrant workers in Tanzania: a critique with emphasis on equality of treatment
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Abstract
Social security for migrant workers is one of the fundamental social good and the migration for employment from one country to another is recognized under international law, UN and ILO Conventions. The prohibition of unequal treatment of migrant workers with nationals in the area of social security is one of the constitutive elements of employment standards under the ILO constitution and various ILO conventions concerning social security for migrant workers with emphasis on equality of treatment clauses. The empirical dimension of migrant workers in Tanzania and relevant international conventions on social security for migrant workers are examined. A critique of the Tanzania treaty practice is presented in which it is established that Tanzania has not ratified several of the ILO conventions concerning social security for migrant workers. Lack of bi-lateral or multilateral agreements for reciprocal enforcement of social security for migrant workers is established. As a result, migrant workers may not have guaranteed legal right for equal treatment in similar ways as nationals in terms of accessing social security. It is recommended that there is, among other things, a need for Tanzania to ratify the relevant conventions concerning social security for migrant workers. Also, there should be introduced a policy of concluding multilateral agreements for reciprocal enforcement of social security for migrant workers . Such a model is found among the Caribbean community countries. Lastly, there is a need to legislate on a comprehensive law which will clearly encompass and address, among other things, the subject of social security for migrant workers.