Human Rights Watch calls on the Government of South Africa to amend the
immigration law by inserting provisions to protect migrants against arrest and
deportation when their illegal status is due to bureaucratic deficiencies in providing
workers’ documentation in a timely fashion. The government is urged to become a
party to the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families and to incorporate its provisions in the
Immigration Act.
The government should also enforce compliance with its immigration and labor laws.
The government should ensure that the procedures for arrest, detention, and
deportation in its immigration law are enforced. It should also create a system that
permits migrants to report human rights abuses they have experienced; hire more labor
inspectors; train immigration and police officials to adhere to the law; and investigate
and punish those officials who violate the law. The government should remove
obstacles from the relevant law to enable migrant workers to receive the workers’
compensation to which they are legally entitled. Human Rights Watch calls on the
government to offset the legal disincentives for farmers to provide housing by
developing a housing policy for farm workers.
The government needs to rapidly devise a housing policy for farm workers if it is to
meet its constitutional obligations, which were endorsed in 2000 by the Constitutional
Court, to progressively realize the provision of adequate housing for everyone. To what
extent “everyone” will include migrants will likely depend on future adjudication.
Human Rights Watch also urges the Government of South Africa to address the specific
situation of undocumented Zimbabwean migrants in South Africa by devising a
comprehensive policy to address the lack of status of this large group.
The report is based on a Human Rights Watch mission to Limpopo province in April
and May 2006. Because of the historical predominance of Zimbabwean migrants on
farms in the far north of Limpopo province and the increasing numbers of Zimbabwean
migrants fleeing the deteriorating political and economic situation in Zimbabwe, Human
Rights Watch focused its research on Limpopo. Human Rights Watch conducted
interviews with farmers and farm workers north of the Soutpansberg around Weipe and
Tshipise, and south of the Soutpansberg around Levubu and Vivo, to learn about
migrants’ status and employment conditions. Human Rights Watch’s interviews with
police, Zimbabwean migrants awaiting deportation, and undocumented Zimbabwean
migrants, usually walking on the road en route to Johannesburg, provided information
on the process of arrest, detention, and deportation of illegal foreigners. Human Rights
Watch also conducted interviews with lawyers (invariably farmers themselves) who
advised other farmers on compliance with the immigration law. In Johannesburg and
HUMAN RIGHTS WATCH VOLUME 18, NO. 6(A)
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