A Reflection on the Nation in A State of Emergency – The Othered

Lesego Nswahu Nchunga | Tuesday October 26, 2021 06:00

The State of Emergency was extended to six (6) months by a Special Parliamentary Meeting on 9 April 2020 through section 17 of the Constitution which limits to six (6) months, the maximum period for which such a declaration can be approved. The lockdown in section 5(2) of the Emergency Powers (COVID-19) Regulations 2020 limits freedom of movement (section 14 of the Constitution). Section 31 (3) limits the freedom of expression, which is protected by section 12(1) of the Constitution.

This was limited under exceptional circumstances for the protection of ‘... public health’. In reflecting on the people who became most vulnerable as a result of the lockdowns, we cannot ignore undocumented migrants. Like many other countries, Botswana has a very vibrant community of undocumented migrant workers, comprised of nationals of various countries across the African region. Most undocumented migrants work in the informal sector, in order to keep themselves well nourished, and as economically independent as possible.

The ILO has established a set of standard to ensure that migrant workers are accorded the enjoyment of basic protection, even when they are undocumented or are employed illicitly. This notwithstanding, a lot of informal sector workers have been affected, most direly by the COVID-19 interventions. Many undocumented informal workers work in the caregiving industry in Botswana. While many are domestic workers and gardeners, some work as nannies, as babysitters, as badisa or farm labourers, and as security personnel. Others still, work in the textile industry as seamstresses and tailors. A lot of others work on a piece job basis, which is the most prominent and possibly the most lucrative. They do work for a day, and make a bit of money to get by. Although this is more unstable than other jobs, it is more lucrative because, like consultancy, you get paid, either by the hour or by the day. The price negotiations are also quite advanced, as there is no set salary.

These workers often wash clothes, sweep the yard, mow the lawn, clean the swimming pools or help with debushing land. Some others, join locals in the commercial sex work industry, offering sexual services, for pay. All of this work demands human contact and a level of interaction which cannot be achieved by remote working, yet. As a result of the lockdown, many undocumented migrant workers were left with insufficient money to pay for their lodging, or even to buy food. Their livelihoods were at a standstill for about two months. Their living and working conditions were rendered vulnerable.

Further to the above, with restrictions on travel, many migrant workers, even those in the formal sectors of employment, could not go back home, for the duration of the lockdown.

This and provisions in many returning countries that upon return, persons should pay their own quarantining costs, and should be under quarantine for a period of between 14days and 21days, made it near impossible to afford to return home, for many. Of course, the specific type of support that is due to undocumented migrants is specific to geographical location, legal status, and type of migration, most undocumented migrants certainly need access to safety nets to assist them in attempts to comply with transmission control as well as the measures put in place for covid response. The safety net is also really vital to help cope with the impacts of the crisis. When the country’s formal economy came to a standstill, so did the informal market, as referenced above.

The effects of the lockdown on formal economies and industries, invariably has a trickle-down effect on the undocumented migrant workers. Many migrant workers lost their jobs as a result of their employers being affected by the lockdown. The complexities of the migration status are manifold. The infamous mmaboipelego social workers who were tasked with identifying people in need of food relief and the COVID-19 food relief fund, were only issuing food relief to Batswana locals, and nobody else.

The logic in this could likely be that there was not enough to go around, or for everyone in the country. The effect of it, however, is that it left many people in a state of desperation and when people are desperate, there are bound to be wider reaching undesirable consequences. Further, this disproportionately puts the weight of intervention with civil society, who, as a result of the pandemic, were already spread out quite thinly in efforts to support governments where there are gaps. In addition, and perhaps most importantly the failure to provide relief to undocumented migrant workers leads to malnutrition related issues, poor nourishment, and even starvation.

A person’s migration status has no bearing on their humanity, as they remain human, whether they are local or from outside the country. The interventions and relief by government should, as a result, be as blind to the migration status of the people it should serve, as the President advises Batswana to be in their treatment of migrants from India.

The same government committed to protecting all people in Botswana, should adequately protect the undocumented migrant workers, who very heavily support the formal economies in the country. One of the most concerning shortcomings of the COVID-19 response measures, was it’s failure to protect this very vulnerable community.

The task force and all involved in the strategic planning for the pandemic should have taken this community into consideration, and adequately and effectively responded to the needs, arising herefrom.