Conditions of Farmworkers

1. Conditions of Farmworkers South African Human Rights Commission Presentation to Land & Environmental Affairs Select Committee, NCOP, Parliament 1 June 2005

2. 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 farms • The 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 vulnerable • A sense that the Constitution and the Bill of Rights have yet to have an impact

3. Purpose of the Inquiry • Determine the extent of human rights violations in farming communities • Publicise conditions on farms • Raise awareness • Improve the living conditions of farming communites • Improve respect for human rights in farming communites

4. Terms of Reference • To investigate the incidence of human rights violations within farming communites from 1 June 1998 • Look 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 rights • Make findings and recommendations

5. Phases of the Inquiry • Research • Participation • Public Hearings

6. Structure of the Report • The National Hearings • The Provincial Hearings • Findings and Recommendations

7. Findings .

8. 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.

9. Themes • Widespread non-compliance with labour legislation • Low wages • Lack of organisation of workers • Difficulties in accessing farms by DoL inspectors and trade union officials • Child labour • Illegal foreign workers • Limited access to assistance to enforce labour rights • Little training of stakeholders in labour laws • Abuse of alcohol

10. Challenges • Large geographic areas • Lack of transport • Lack of funds • Levels of literacy • Leadership issues

11. 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

12. 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

13. 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

14. 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

15. 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.

16. 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.

17. . “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

18. 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.

19. 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

20. Health cont. … • HIV/AIDS, great need for education and awareness • Lack of health care services for people with drug and alcohol abuse problems

21. Food • Many farmworkers do not have access to sufficient food • Underlying 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)

22. . “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

23. 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

24. 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

25. 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

26. Social Security cont. … • DOHA approach to supplying ID documents to farming communities is unacceptable. • The DOHA lacks a proactive apporach • Demonstrates a complete lack of planning • Complete lack of understanding and empathy to challenges faced by those in farming communities.

27. 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

28. Safety and Security • 2 Broad areas were looked at: • Violent Crime perpetrated against farm dwellers • Farm Attacks There are unacceptable levels of violent crime in farming communities with both farm dwellers and farm owners being the victims of such crime.

29. 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 impunity • There 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 ESTA • Lack of reporting of crime committed against women.

30. . “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

31. . “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

32. . “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

33. Farm Attacks • There is no such crime in law • The term is problematic as it perpetuates notions of racism and sexism • By 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.

34. Land Rights .

35. Tenure SecurityFindings and recommendations • There is widespread non-compliance wth ESTA due to: • A disturbing lack of knowledge of ESTA by all role-players • ESTA is a contested piece of legislation • There is a lack of acknowledgment and spport for the human rights that ESTA strives to protect and realise.

36. . “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

37. Burial Rights • Lack of knowledge about the provisions of ESTA concerning burial rights • This leads to unneccessary conflict • Perception that burial rights will create land ownership rights

38. 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

39. 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.

40. Sale of land for the creation of game farms • Has a potentail adverse impact on the socii-economic rights of farm dwellers • Not all relevant stakeholders are included in the process in order to realise alternatives for farm dwellers.

41. 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.

42. 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.

43. Women • Women are discriminated against in achieving tenure security, due to the rights of tenure being traditionally vested with men • Men receive greater access to employment with corresponding tenure rights

44. 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.

45. FOLLOW UP REPORT

46. DLA • DLA, research on off-farm workers • Seminar, SAHRC on property clause • DLA, commissioned design of ADR system • DLA, communications strategy regarding ESTA • Labour tenants, work in progress

47. Access to Justice • LAB, 27 satellite offices attached to 57 Justice Centres, 1 mobile unit per province • ADR training for staff • Justice College has included ESTA training 2005/6 programme

48. Safety & Security • Commandos withdrawing • Reservists, sector policing • Committee of Inquiry into Farm Attacks • SAPS crime stats analysis cannot demonstrate crime against women in rural areas

49. Labour • Child labour programmes, ongoing • Sectoral determination now in place

50. Education • 44% of schools have signed s14 agreements • Special Needs, a number of initiatives • ABET, being relooked at in terms of relevance • PSNP now under DoE, various monitoring and evaluation mechanisms