“Keep Your Head Down”: Unprotected Migrants in South Africa

“Keep Your Head Down”

Unprotected Migrants in South Africa

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More on Human Rights Watch's work Labor and Human Rights

Glossary

Map of Limpopo and Mpumalanga Provinces

Map of Limpopo Province

Map of Mpumalanga Province

Summary

Recommendations

To the Government of South Africa

To the Parliament of South Africa

To Trade Unions

To Civil Society

To Farmer Associations

To Independent Bodies

To the Governments of Zimbabwe and Mozambique

To International Donors

To International Organizations

Background

Recent labor migration to South Africa

Foreign migrant farm workers and commercial farmers in South Africa

Mozambican and Zimbabwean farm workers in Limpopo and Mpumalanga provinces

Amnesties affecting Mozambicans

Institutional differences facing Mozambicans and Zimbabweans

International Organization for Migration and Zimbabwean deportees

The Legal Framework

The constitution and the government of South Africa’s international obligations

International law and the rights of foreign nationals

The Immigration Act

Labor laws

The Immigration Act: Violations and Legal Gaps Resulting in Human Rights Abuses

Employers’ failure to document foreign farm workers

Officers’ failure to provide written notification of the decision to deport

Killings, assault, and extortion of foreign migrants by state officials

Detention not in compliance with legal standards

Deportation without an opportunity to collect remuneration, savings, and personal belongings

Employment Laws: Violations and Legal Gaps Resulting in Human Rights Violations

Employers’ failure to pay minimum wages

Employers’ failure to pay prescribed minimum rates for overtime, Sundays, and public holidays

Employers’ unlawful deductions from wages for accommodation

Employers’ failure to provide paid sick leave

Employers’ failure to provide paid annual leave

Contractors’ failure to implement the Sectoral Determination

Workers’ compensation

Workplace violence

Housing and living conditions

Conclusion

Acknowledgements

February 2007 Volume 19, No. 3(A)