Bilabamu, Rindistone Ezekiel
(2018)
Equality of Treatment in Social Security: Case of migrant Workers in the East African Community.
Doctoral thesis, The Open University of Tanzania.
Abstract
This thesis investigates the extent to which the legal framework in the EAC comply with international law and regional instruments applicable in enforcement of the right to equal treatment of migrant workers and nationals in the area of social security. The thesis uses Kenya and Tanzania as case studies. The research questions that guided the study are: Do the EAC social security legal frameworks comply with and promote the international and regional standards of equality of treatment in social security for migrant workers? Which specific conditions existing in both Kenya and Tanzania that affect the rights to equal treatment in social security for migrant workers? What model fits EAC context for implementation of the right to equal treatment in social security for migrant workers? The methods used were doctrinal legal scholarship that applies normative analysis of legal content; the human rights research methodology as emerging discipline that examines the impact of international human rights treaties on domestic jurisdictions; comparative legal analysis and some empirical methods. The results show that legal framework of EAC countries and the Community have inefficient compliance with international and regional instruments relating to equal protection migrant workers and nationals in social security. The EAC law and international norms lack direct and effective application in national jurisdictions of Partner States and these cause inefficient compliance with international standards in social security. The thesis recommends, among other, adoption of strong supranational legislation that permits EAC legislation and ratified international instruments to directly and effectively apply in national jurisdictions of all EAC Member States where national laws appear devoid of remedy. Also, a clear policy is required to compel all Partner States to ratify all international instruments impacting on EAC Treaty objectives such as observance of equal treatment, human rights, social justice, and rule of law. A common strategy for effective domestication of international treaties and facilitation of harmonisation of social security laws is recommended so as to realise the objectives of the Common Market. Finally, possible model Agreement on social security for equal treatment of migrant workers is recommended for EAC countries to emulate.
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