brothers who were working legally.119 The two children were evidently traveling unaccompanied by adults, and ought not to have been detained. We were allowed into the sleeping quarters of the men awaiting deportation at Makhado police station. Each person had only a blanket. There were no mattresses. Deportation without an opportunity to collect remuneration, savings, and personal belongings The Immigration Act does not require state officials to give undocumented migrants the opportunity to collect remuneration, savings, and personal belongings prior to deportation. Failure to enable migrants awaiting deportation to collect unpaid wages, savings, and personal belongings is viewed by migrants, and Human Rights Watch, as a serious injustice, if not necessarily a human rights violation. Given that the police apparently permit undocumented migrants to collect their bank savings prior to deportation (see below), the case for allowing undocumented workers the opportunity to access their unpaid wages, savings not held in a bank, and personal property seems strong. The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, which the South African government has not signed, provides for the right of foreign workers (documented and undocumented) who get deported to be granted a reasonable opportunity before or after departure to settle any claims for wages and other entitlements and any pending liabilities,120 and, upon termination of their stay in the state of employment, to be accorded the opportunity to transfer their earnings, savings, and personal effects and belongings.121 119 Human Rights Watch interview with a Mozambican detainee, Makhado police station, April 29, 2006, with the translation assistance of a Zimbabwean detainee. 120 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted December 18, 1990, G.A. Res. 45/158, article 22(6), http://www.ohchr.org/english/law/cmw.htm (accessed July 10, 2006). 121 Ibid., article 32. HUMAN RIGHTS WATCH VOLUME 18, NO. 6(A) 32

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