Recommendations
To the Government of South Africa
•
Amend the immigration law to protect migrants who fall into irregular status
because government bureaucracies and agents responsible for workers’
documentation fail to implement the law and carry out their functions.
•
Enforce the procedures for arrest, detention, and deportation by introducing a
system for undocumented migrants and co-workers to report officials who
engage in unlawful procedures of arrest, detention, and deportation, by further
training of officials in the relevant legal procedures, and by investigating and
punishing those officials who violate the law.
•
Enforce compliance with the basic conditions of employment law by expanding
the labor inspectorate, establishing a hotline for workers’ complaints about
alleged labor law violations, and creating incentives for nongovernmental
organizations to assist with monitoring and enforcing labor laws.
•
Amend the workers’ compensation law to ensure migrant workers’ access to
compensation.
•
Devise a housing policy for farm workers to meet the government’s
constitutional obligations, as specified by the Constitutional Court in 2000, to
progressively realize the provision of adequate housing.
•
Ratify the International Covenant on Economic, Social and Cultural Rights
signed in 1994.
•
Sign and ratify the International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families and amend domestic laws
accordingly. At minimum, the Immigration Act should be amended to include
provisions to:
HUMAN RIGHTS WATCH VOLUME 18, NO. 6(A)
6