A farmer in Weipe complained to Human Rights Watch of police and military raids at
the workers’ compound, mainly at night or early in the morning, during which workers
were ill-treated. He related an incident of a military raid on the compound early one
morning. A worker used his cellphone to call him and said, “Come and help. These
people are chasing us at three in the morning. We have to work tomorrow.” The
farmer commented, “The police want a surprise element. They are not handling these
guys very humanely. Last week, they’ve been three times.” He also referred to an
incident in which a policeman had torn up the identity document of a South African
worker. The destruction of South African citizens’ identity documents and their arrest
on suspicion of being undocumented migrants is reportedly a common problem that
arises because police and army officers often rely on arbitrary procedures to identify
undocumented foreigners and assume that some individuals with South African identity
documents are foreigners using fraudulent documents.100
I have two workers—a brother who is a driver and a sister who works in
the house. Last week a group of policemen came to the farm
compound and one policeman tore up their ID documents. They have
worked 15 years on the farm—longer than me.... The police took the
man to the police station. They just released him. There was no case.
They knew it. It cost the man R30 [US$4.26] to take the taxi back.101
This farmer’s African farm supervisor, a Zimbabwean who has worked on the farm for
13 years, said: “They want permit or passport. If you argue, they hit. They are also
looking for cigarettes.”102
As well as violating provisions of the Immigration Act, assault in the process of arrest
violates the constitutional right to personal freedom and security, including the right to
be free from all forms of violence from either public or private sources and the right not
to be treated or punished in a cruel, inhuman or degrading way.103 Similar protections
exist in Article 7 of the ICCPR.104
100
See, for example, Human Rights Watch, “‘Prohibited Persons.’”
Human Rights Watch interview with a white commercial farmer, Weipe, April 24, 2006.
Human Rights Watch interview with a Zimbabwean farm supervisor, Weipe, April 24, 2006.
103
The Constitution of the Republic of South Africa, chapter 2, section 12.
104
General Comment 15 on “The Position of Aliens Under the Covenant” in United Nations Human Rights
Instruments, Compilation of General Comments and General Recommendations adopted by the Human Rights
Treaty Bodies, HRI/GEN/1/Rev4, February 7, 2000, p. 98, para. 7, states that the ICCPR obligations apply to
any foreign national in the territory of a state party, except those rights recognized in the ICCPR, which are
expressly applicable only to citizens (Article 25).
101
102
HUMAN RIGHTS WATCH VOLUME 18, NO. 6(A)
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