Conditions of Farmworkers

South African Human Rights CommissionPresentation to Land & Environmental Affairs Select Committee, NCOP, Parliament1 June 2005

Final Report on the Inquiry into Human Rights Violations in Farming

Communities, August 2003

Reasons for the Inquiry:SAHRC received numerous complaints from people living and working on farms as well as from those who own farmsThe Inquiry seeks to try and understand and unpack the human rights challenges that face us in our rual communities. Those who live within rural and farming communities are vulnerableA sense that the Constitution and the Bill of Rights have yet to have an impact

Purpose of the Inquiry

Determine the extent of human rights violations in farming communitiesPublicise conditions on farmsRaise awarenessImprove the living conditions of farming communitesImprove respect for human rights in farming communites

Terms of Reference

To investigate the incidence of human rights violations within farming communites from 1 June 1998Look at the following sectors amongst others– Land rights and tenanacy– Safety and security– Economic and social rights

Establish as far as possible the underlying causes of violations of human rightsMake findings and recommendations

Phases of the Inquiry

ResearchParticipationPublic Hearings

Structure of the Report

The National HearingsThe Provincial HearingsFindings and Recommendations

Findings

.

Labour

Despite the extension of basic labour rights protections to farm workers during the past decade, the non-compliance with labour laws and poor working conditions in farming communities dominated the Inquiry.

Themes

Widespread non-compliance with labour legislationLow wagesLack of organisation of workersDifficulties in accessing farms by DoL inspectors and trade union officialsChild labourIllegal foreign workersLimited access to assistance to enforce labour rightsLittle training of stakeholders in labour lawsAbuse of alcohol

Challenges

Large geographic areasLack of transportLack of fundsLevels of literacyLeadership issues

Low wages

“We start work from 5h30 to 18h30 and are paid R350 per month.”

“I also feel that I am being underpaid for I work for R200 p/m.”

“I have worked here for a period of 35 years. I earn R280 p/m plus mielie meal. The money is little to support our children.”

Farmworkers, Free State

Dogs and DLA inspectors ….

“As inspectors entered the farm they were met by 3 vicious dogs. One of the inspector’s tried to produce his inspector’s card to the farmer’s wife but she could not stop the dogs from apporaching the inspectors. In the meantime, the inspectors sat calmly in the car. One of the dogs then attacked the front right hand side wheel of the car and the car sustained a puncture. It was then that the employer’s decided to lock the dogs away to enable the inspectors to replace the wheel.”

DLA Inspector, Gauteng

Impact of illiteracy

“Many times just handing a farm worker a form to fill in so that it can be submitted to the CCMA is as good as not helping at all because the person cannot fill out the form.”

Manong, M, AnCRA Rep Northern Cape

Unfair dismissals

“He was paying me a sum of R600 p/m but R300 p/m was always deducted from my wages. I inquired about these deductions and he told me that they were for rental, electricity, water and wood. I objected saying to him that we had no water and electricity that he supplied us with, and for the wood we hewed it ourselves. He then said the money is being paid to the Government for unemployment purposes. We also queried this saying that we do not believe it because it was too much for the government to deduct. We could not agree on this matter and he dismissed me.”

Eastern Cape farmworker

Economic and Social Rights

General– The legislative and policy framework at a

national level does not correspond with the reality of the enjoyment of these rights in farming communities

– Many farmworkers are unaware of their socio-economic rights and of the necessary steps to access these rights.

– Many farmworkers are so poor that they do not have the financial resources to access these rights.

Housing

The right to access to adequate housing remains unrealised for many farm dwellers.Women are discriminated against in terms of the provision of housing on farms. Men are still regarded as head of the household.There is a lack of government planning at all levels for the provision of emergency accommodation, pending both lawful and unlawful evictions.

.

“Soldiers, police, the station commander, the court messenger and the farmer ordered me to take all my belongings from my huts. After that, he bulldozed whatever was said to be buildings and some household items were destroyed. I was let down as a human being, having to sleep outside with infants with nowhere to go.”

Farmworker, KZN

Housing cont. …

– DoH clearly not grappling with the issues of farming communities

– Not resolving the issue of provision of housing to individuals residing on private land

– Unwillingness by DoH and DLA to clearly determine where the responsibilities lie at a departmental level.

Health Care

Access to health care services in farming communities is inadequate, inhibiting factors include:– Distances that must be travelled to access

services– Lack of transport– Lack of access to telephones– Access to farms difficult for emergency vehicles

and health personnel– Few health care workers want to work in rural

areas– Little or no health education

Health cont. …

HIV/AIDS, great need for education and awarenessLack of health care services for people with drug and alcohol abuse problems

Food

Many farmworkers do not have access to sufficient foodUnderlying causes include– Low wages– High food prices– High cycles of debt– Inflated food prices at some farm shops– Abuse of alcohol which diverts money

(WC/NC)

.

“The farmer accused us of eating too much when our ration is finished before time. He did not give us more food.”

Limpopo, farm worker

Food cont. ….

Children are of particular concern, with many displaying systems of stunting and wasting– PSNP not being implemented

optimally– Failure to access CSG– Parents spending money on alcohol

Water

The right to access to sufficient water is violated in the following manners:– Unsanitised water– Having to walk long distances to access

water– Inadequate or no santitation facilities– Water supply being cut to force eviction– No water supply provided for household

subsistence farming and the keeping of livestock

Social Security

Many do not enjoy access to social security services– Lack of knowledge– Long distances that must be travelled– Being denied time off work to make grant

applications– No ID documetns and birth certificates– Low literacy levels– DSD, infrastructure backlogs, staff capacity

problems

Social Security cont. …

DOHA approach to supplying ID documents to farming communities is unacceptable.The DOHA lacks a proactive apporachDemonstrates a complete lack of planningComplete lack of understanding and empathy to challenges faced by those in farming communities.

Education

Realisation of the right to basic education is impeded by a number of factors:– Great distances that must be travelled– Under qualified teachers– Lack of adequate infrastructure– Non-attendance at school by learners and

teachers– Non-finalisation and understanding of s 14

agreements– ABET does not take place, alternatively it is not

suited to the needs of farming communities

Safety and Security

2 Broad areas were looked at:Violent Crime perpetrated against farm dwellersFarm Attacks

There are unacceptable levels of violent crime in farming communities with both farm dwellers and farm owners being the victims of such crime.

Violent crime perpetrated against farm dwellers

In some provinces such as NW, Mpumalanga and Limpopo, the incidences of violence are of such a nature and frequency as to indicate that there is a culture of violence in which acts are perpetrated in an environment of impunityThere is underreporting of this crime due to a lack of confidence in the criminal justice system.SAPS gives disproportionate attention to the criminal provisions of PIE vs ESTALack of reporting of crime committed against women.

.

“I was at work when he complained that the sheep had lice on its hoof. He then took me to the fields, where it was only the two of us, he then beat me up and injured my shoulder which is still paining and said if I report it to the police, he will kill me by gun.”

Farmworker,North West

.

“Another Mozambican was forced to stand on a red-hot spade after he was accused of kissing a white girl. He was screaming with agony whilst the farmers were laughing.

The farmers were always hurling insults at us and calling us ‘kaffirs’(sic)”

Limpopo Farmworker

.

“In 1998, my employer’s son shot my son. The shooting incident was reported at the police station. I was never informed of the progress.”

Limpopo farm worker

Farm Attacks

There is no such crime in lawThe term is problematic as it perpetuates notions of racism and sexismBy failing to agree on the underlying causes and motives for farm attacks, role-players cannot come up with an effective strategy to deal with crime on farms.Rural Protection Plan, Community Policing Forums, Commandos and Reservists are not representative of the communities they serve.

Land Rights

.

Tenure SecurityFindings and recommendations

There is widespread non-compliance wth ESTA due to:A disturbing lack of knowledge of ESTA by all role-playersESTA is a contested piece of legislationThere is a lack of acknowledgment and spport for the human rights that ESTA strives to protect and realise.

.

“We have had cases that have come in where a man of 64, I think, came to us and in fact, had been working for 44 years on the farm. He said the farmer told him it is time for him to go because he is no longer useful”

ANCRA rep, Nothern Cape

Burial Rights

Lack of knowledge about the provisions of ESTA concerning burial rightsThis leads to unneccessary conflictPerception that burial rights will create land ownership rights

Burial rights

“.. Soon they started refusing us to visit our family’s gravesites. This has culminated in some gunshots that were fired at one stage when I visited the graveside. The matter has been reported to the police. Threats have continued, sometimes in the presence of the police where the farmer in question attempted to assault me.”

Farmworker, Mpumalanga

New farm owners

Despite adequate provision in ESTA that protects the interests of farm dwellers in circumstances where there is a change of ownership, these provisions are not being applied.A number of evictions have occurred as a result of change in land ownership.

Sale of land for the creation of game farms

Has a potentail adverse impact on the socii-economic rights of farm dwellersNot all relevant stakeholders are included in the process in order to realise alternatives for farm dwellers.

Keeping of livestock

The denial and removal of livestock grazing rights and tending of crops rights impacts negatively on the right to sufficient food .It also affects the rights of farm dwellers to practice their culture and may even affect their right to family life.

Illegal evictions

The general lack of knowledge and enforcement of section 23 of ESTA by the SAPS is unacceptable given that this legislation was promulgated in 1997.The failure by the State to adequately train its officials to implement legislation promulgated in terms of the constitution amounts to a disregard of the importance of this legislation.

Women

Women are discriminated against in achieving tenure security, due to the rights of tenure being traditionally vested with menMen receive greater access to employment with corresponding tenure rights

Labour tenants

Labour tenants currently residing on land and awaiting the outcome of their application process to obtain land ownership are in a vulnerable position.With the possibility that the landowner will lose rights in land, albeit compensated therefore, privileges and rights are being withdrawn from labour tenants.

FOLLOW UP REPORT

DLA

DLA, research on off-farm workersSeminar, SAHRC on property clauseDLA, commissioned design of ADR systemDLA, communications strategy regarding ESTALabour tenants, work in progress

Access to Justice

LAB, 27 satellite offices attached to 57 Justice Centres, 1 mobile unit per provinceADR training for staffJustice College has included ESTA training 2005/6 programme

Safety & Security

Commandos withdrawingReservists, sector policingCommittee of Inquiry into Farm AttacksSAPS crime stats analysis cannot demonstrate crime against women in rural areas

Labour

Child labour programmes, ongoingSectoral determination now in place

Education

44% of schools have signed s14 agreementsSpecial Needs, a number of initiativesABET, being relooked at in terms of relevancePSNP now under DoE, various monitoring and evaluation mechanisms

Housing

National Housing Programme for Housing Assisstance in Emergency Housing CircumstancesNational Farm Worker PolicyInteraction between DoH and DLA