citizens and non-citizens.71 Farm workers came under the protection of the Basic Conditions of Employment Act, 1993. The Agricultural Labor Act, 1993 (No. 147 of 1993) recognized the right of farm workers to organize. The Labor Relations Act, 1995 (No. 66 of 1995) introduced a new framework for employer-employee relations that included the commercial farm sector. The Unemployment Insurance Act, 2001 (No. 63 of 2001) extended unemployment benefits to farm workers.72 Importantly, this legislation and its counterpart, the Unemployment Insurance Contributions Act, 2002 (No.4 of 2002)73 explicitly exclude, among others, foreign workers on contract, and hence all documented foreign migrant farm workers.74 Consequently, neither farmers who employ foreign workers on contract nor foreign contract workers are required to make the mandatory contributions to the unemployment insurance fund. The Basic Conditions of Employment Act, 1997,75 which was amended in 2002,76 seeks to give effect to and regulate the right to fair labor practices conferred by section 23(1) of the constitution by establishing and enforcing basic conditions of employment, and to give effect to the state’s obligations as a member state of the International Labour Organization.77 In December 2002, the minister of labor announced a Sectoral Determination for the Farm Worker Sector, using his power in terms of the Basic Conditions of Employment Act, 1997.78 The Sectoral Determination included a minimum wage for farm workers for the first time and regulations for the particulars of employment, hours of work, leave, the prohibition of child labor and forced labor, and termination of employment. 79 On February 17, 2006, the minister of labor announced a new Sectoral Determination for the Farm Worker Sector80 that provides for an increase in the minimum wage from R785.79 (US$113) per month/R4.03 (US$0.57) per hour to R885 (US$126) per month/R4.54 per hour (US$0.64) (Area A), and from R949.58 (US$134) per month/R4.87 (US$0.68) per hour to R994 (US$140) per month/R5.10 71 “Minister Calls for Closer Cooperation with Zimbabwe”, South African Department of Labor, January 9, 2003, reported the South African Minister of Labor, Membathisi Mdladlana, as saying: “South African labour legislation— including the recently launched Sectoral Determination for the Agricultural Sector—applies to all people working in South Africa, irrespective of whether they are South African nationals or not.” 72 Unemployment Insurance Act, No. 63 of 2001, http://www.labour.gov.za/download/8483/Act%20%20Unemployment%20Insurance%20Fund.doc (accessed July 26, 2006). 73 Unemployment Insurance Contributions Act, No. 4 of 2002, http://www.info.gov.za/gazette/acts/2002/a402.pdf (accessed July 26, 2006). 74 Ibid., section 4(1)(d); Unemployment Insurance Act, 2001, s(3)(1)(d). 75 Basic Conditions of Employment Act, No. 75 of 1997, http://www.labour.gov.za/docs/legislation/bcea/act7597.pdf (accessed July 28, 2006). 76 Ibid., No. 11 of 2002, http://www.info.gov.za/gazette/acts/2002/a11-02.pdf (accessed July 24, 2006). 77 Ibid, section 2. 78 Ibid., section 51 (1), provides for the minister to make a sectoral determination establishing basic conditions of employment for employees in a sector and area. Basic Conditions of Employment Act, No. 75 of 1997, Sectoral Determination 8: Farm Worker Sector, South Africa, December 2, 2002, No. R. 1499, http://www.workinfo.com/free/Sub_for_legres/Data/BCEA/r14992002.htm (accessed July 10, 2006). 79 SAHRC, “Final Report on the Inquiry into Human Rights Violations in Farming Communities,” pp. 32-33. 80 Sectoral Determination 13: Farm Worker Sector, South Africa, February 17, 2006, Government Notice No. R. 149, http://www.labour.gov.za/download/6331/Sectoral%20Determination%2013%20%20Farm%20Workers.pdf (accessed July 10, 2006). HUMAN RIGHTS WATCH VOLUME 18, NO. 6(A) 20