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Southern Africa, Public Law Marthinus van Staden Southern Africa, Public Law Marthinus van Staden

Guaranteeing Freedoms through Collective Action: The Role of Collective Action in Protecting Non-Voting Migrant Workers

In the second installment of our series on democracy, exclusion, and participation, Professor Marthinus discusses the uncertain position of migrant workers in South Africa, who contribute to the economy but are excluded from voting due to their non-citizen status. It explores alternative forms of engagement, like collective action, to protect their rights. Drawing on theoretical and legal frameworks, the article emphasizes the importance of balancing labor law enforcement with immigration enforcement to reduce fears of deportation in undocumented workers when trying to assert their rights. Also, the author observes that ensuring migrant workers can participate in collective actions, such as trade unionism, is crucial for safeguarding their rights and promoting a more inclusive democratic society.

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