NOVEMBER 2018 REALIZING SOCIAL SAFETY NETS THROUGH LEGAL FRAMEWORKS While not sufficient to bring social safety introduce the means to enforce the nets to scale, the presence of policies, policies which strengthens the credibility laws and legal frameworks are part of of the programs. However, governments setting up robust institutions to support often have concerns about creating a social safety net scale-up. Social legal entitlement to social safety nets protection policies and strategies, one of that they may find difficult to realize (for several ways to anchor social safety nets financial or capacity reasons). Most in laws and policies, have become social safety net programs in Africa are common (see Figure 1) – but, they are based largely on strategies or operation- often general and not fully implement- al manuals without legal authority. Thus, ed. even if benefits are clearly listed and grievance procedures are described in Connecting a commitment to social such documents, the lack of legislation safety nets with entitlements can means they are not legally enforceable. Figure 1: Many Countries Have Adopted Social Protection Strategies 7 6 6 6 NUMBER OF COUNTRIES 5 Benin, Côte Chad, 4 4 d’Ivoire, 4 Ethopia, The 4 Gambia, São Ghana, Tomé Burkina Congo and Lesotho, 3 3 Burundi, Faso, Rep., Príncipe, Madaga- Kenya, Cabo Liberia, scar, Niger, Verde, Maurit- South Sierra Sudan, Uganda Comoros, 2 2 Mali, Leone Malawi, ania, Zambia Togo Rwanda Zimba- 1 1 1 bwe Guinea, 1 Nigeria South Senegal Mozam- Africa bique 0 1997 ... 2005 ... 2010 2011 2012 2013 2014 2015 2016 2017 Source: World Bank review of country documents Note: More details are presented in appendix D, table D.1. Legal frameworks for social safety nets to establishing social safety nets. The should build on policy objectives that Social Protection Law of 2007 and the are widely supported. If enforced, they National Strategy for Basic Social Secu- can generate sustained political rity in 2009 resulted in wider coverage commitment to deliver on policy objec- and government financing; between tives. South Africa offers an example of 2012 and 2015, budget allocations how political incentives can be aligned increased from 0.22 percent to 0.56 with a legal framework for social safety percent of gross domestic product. nets. There, the Constitution includes a Most African countries are signatories of Bill of Rights that guarantees the right of international or regional agreements all South Africans to have access to and declarations that encompass social social security. This right has been safety nets. The Universal Declaration of formally recognized in the Social Human Rights commits governments to Assistance Act of 2004, which defines recognizing and fulfilling the right to eligibility criteria and other parameters social protection, which is also articulat- of the social grant system. The ability to ed in article 9 of the International Cove- realize these entitlements derives from nant on Economic, Social, and Cultural the Independent Tribunal for Social Rights (ratified by all countries except Assistance Appeals, which allows Botswana, the Comoros, Mozambique, citizens to mount a legal challenge if and South Sudan). The African Charter they believe they have been denied on Human and Peoples’ Rights, ratified benefits to which they feel entitled or if by all countries except for South Sudan, they feel they have been treated unfairly reinforces such covenants. Most coun- by the South African Social Security tries are also parties to regional or Agency. global organizations that provide a Political commitments have been trans- normative framework for social safety lated into increased budgetary alloca- nets, including the African Union Social tions and enhanced capacity to deliver Policy Framework, the Social Protection social safety net programs. In Mozam- Floor Initiative, and the Sustainable bique, the development of an appropri- Development Goals. ate legislative framework has been key This Radically Brief Policy Brief is based on the book Realizing the Full Potential of Social Safety Nets in Africa. Edited by Kathleen Beegle, Aline Coudouel, and Emma Monsalve, doi: 10.1596/978-1-4648-1164-7 References to individual studies are available in that paper. For more information: Zainab Usman: zusman@worldbank.org