- Page 2
- Page 1 of 14
"Keep Your Head Down"
Unprotected Migrants in South Africa
Glossary
Map
of Limpopo and Mpumalanga Provinces
Map
of Limpopo Province
Map
of Mpumalanga Province
Summary
Recommendations
To
the Government of South Africa..
To the
Parliament of South Africa..
To
Trade Unions
To
Civil Society
To
Farmer Associations
To
Independent Bodies
To
the Governments of Zimbabwe and Mozambique..
To
International Donors
To
International Organizations
Background
Recent
labor migration to South Africa..
Foreign
migrant farm workers and commercial farmers in South Africa
Mozambican
and Zimbabwean farm workers in Limpopo and Mpumalanga provinces
Commercial
agricultural production and employment
Recruitment
and legal status of Zimbabwean and Mozambican farm workers
Amnesties
affecting Mozambicans
Institutional
differences facing Mozambicans and Zimbabweans
International
Organization for Migration and Zimbabwean deportees
The
Legal Framework
The
constitution and the government of South Africa's international obligations
International
law and the rights of foreign nationals
International
legal standards on rights at work for migrant workers
The
Immigration Act
Labor
laws
Mechanisms
of enforcement and remedies
The
Immigration Act: Violations and Legal Gaps Resulting in Human Rights Abuses
Employers'
failure to document foreign farm workers
Officers'
failure to provide written notification of the decision to deport
Killings,
assault, and extortion of foreign migrants by state officials
Detention
not in compliance with legal standards
Failure
to provide adequate food, access to medical care, and clean cells
Unlawful
detention of children..
Unlawful
detention of those awaiting deportation with convicted prisoners and those
awaiting trial
Deportation
without an opportunity to collect remuneration, savings, and personal
belongings
Employment
Laws: Violations and Legal Gaps Resulting in Human Rights Violations
Employers'
failure to pay minimum wages
Employers'
failure to pay prescribed minimum rates for overtime, Sundays, and public
holidays
Employers'
unlawful deductions from wages for accommodation..
Employers'
failure to provide paid sick leave..
Employers'
failure to provide paid annual leave..
Contractors'
failure to implement the Sectoral Determination..
Workers'
compensation..
Workplace
violence.. 103
Housing
and living conditions107
Conclusion109
Acknowledgements111
- Page 2
- Page 1 of 14