next of kin will come and ask you, as the employer for many years, what can you do for him. You are only their father when it suits them.”153 Discrimination and violence against Zimbabwean workers by South Africans in the private sector The preamble to the Immigration Amendment Act refers to the need to educate civil society about the rights of foreigners and refugees. The Employment Equity Act, 1998, and the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000, reinforce the prohibition against unfair discrimination on a number of specific grounds provided for in section 9 of the constitution.154 Discrimination on the basis of national origin is not explicitly prohibited in section 9 of the constitution or in the abovementioned legislation, but such discrimination, unless properly justified in terms of other provisions in the constitution,155 would be antithetical to the constitutional right to equality in section 9. Section 12 of the constitution grants “everyone” the right to freedom and security of person, which includes the right “to be free from all forms of violence from either public or private sources.” “Fair labor practices,” a constitutional right under section 23, would include the protection of workers (including documented migrant workers) from workplace discrimination. Under the ILO Convention Concerning Migration for Employment that South Africa has ratified, treating migrants less favorably than nationals in remuneration, hours of work, and overtime arrangements (among other things) is prohibited.156 Yet Human Rights Watch documented cases in which Zimbabwean migrants alleged workplace violence and discriminatory treatment by other workers, private security officials, and employers. A farm in Doreen, near Tshipise, has a labor force that is 10 percent Zimbabwean and 90 percent South African. All the foremen are South African. Human Rights Watch spoke to four Zimbabwean workers who complained of discrimination by the South African foreman against Zimbabweans. One said: The South African foreman is resistant. On issues like sick leave and family matters, I can go straight to the employer. He [the foreman] will resist me [on sick leave and family issues, for example] just because I’m Zimbabwean. They are not fair. They are not doing the same thing to South Africans. I can go straight to the employer. He treats us the 153 Human Rights Watch interview with a white commercial farmer, Vivo, April 21, 2006. The Constitution of the Republic of South Africa (No.108 of 1996), chapter 2, section 9(3), as already noted, provides that “The state may not unfairly discriminate…” on a number of identified grounds. 155 For example, ibid, section 36. 156 Convention No. 97 Concerning Migration for Employment, adopted July 1, 1949, General Conference of the nd International Labour Organization at its 32 Session, Geneva, article 6. 154 43 HUMAN RIGHTS WATCH VOLUME 18. NO. 6(A)