SOUTH AFRICA: investigations into human rights abuses in farming communities

COSATU, SAAPAWU on the SAHRC investigation into
human rights violations in farming communities

Earlier this year the Congress of South African Trade Unions
(COSATU) and the SA Agricultural, Plantation and Allied
Workers Union (SAAPAWU) submitted a joint national
written submission to the SA Human Rights Commission's
investigation into human rights violations in farming
communities.

This submission is based primarily on the experiences of
SAAPAWU officials represented nationally. In addition,
COSATU and SAAPAWU will be participating in most of the
regional public hearings in order to ensure that specific
regional/provincial dynamics are taken into account.

We are extremely concerned about the marginalisation and
gross violation of the rights of farm workers, labour tenants
and other similar farm dwellers, which continues more than 8
years after formal democratic transition. Farm dwellers
across the country suffer high rates of poverty, unemployment,
poor socio-economic conditions and blatant physical and other
types of abuse at the hands of farmers, vigilante groups and
even state officials.

Accordingly, we welcome the SAHRC's recognition of the
need for intervention and in particular would like to thank the
SAHRC for inviting us to participate in the public hearings.
We intend monitoring this process and will be releasing a
further press statement at a later stage. The issues dealt with in
our written submission cover land rights, safety and security,
socio-economic rights, and labour and political rights. Our
substantive concerns are outlined below. We believe that both
government and media attention has been unfairly focused on
the interests of farmers, especially in relation to issues of
safety and security.

It is significant that although statistics on attacks on farmers are
readily available, we were unable to find any statistics on
assaults on farm dwellers. Last year a national committee was
set up under the Ministry of Safety and Security for the sole
purpose of inquiring into attacks on farmers. In contrast, very
little is being done to address the situation of farm dwellers
despite the numerous brutalities they suffer. They receive little
assistance from courts and police, who often collude with
farmers and vigilante groups to suppress evidence or
investigations.

Therefore, we call on the SAHRC, in this process, to give
priority to the rights of farm workers and other farm dwellers
of similar status. This will mean recognising the highly
unequal social, economic and political relations between
farmers on the one hand and farm dwellers on the other. Farm
workers are amongst the lowest paid in the labour market and
are forced to live and work under harsh conditions. Housing
standards are poor with standard accommodation being in the
form of crowded farm compounds with poor access to water
and sanitation. Workers are subjected to long working hours
in contravention of the Basic Conditions of Employment Act
(BCEA) for pay as little as R84 a month. In the Western Cape,
some workers are still being paid in terms of the "tot" system.

Farmers actively prevent the unionisation of workers by
denying union organisers access to farms and victimise
workers who do join unions. Child labour is fairly common
especially in Mpumalanga and Limpopo(formerly Northern
Province) with many children being drawn from other
countries in the Southern African region such as Zimbabwe
and Mozambique. Despite the enactment of land reform laws,
such as the Extension of Security of Tenure Act (ESTA) and
the Labour Tenants Act, farmers continue to illegally evict
farm workers and labour tenants, often with the assistance of
the police and magistrates.

Their dependency on farmers for employment, accommodation,
transport and other basic services, makes it difficult for farm
dwellers to challenge abuses or negotiate better working and
living conditions. This reflects the extreme power imbalance
between farmers and farm workers, which has been
extensively exploited to the extent of even preventing workers
from voting in national and local elections.

We have found that human rights abuses of farm dwellers are
wide ranging and numerous. In most instances violations of
one right are inextricably linked with violations of other rights.
This includes, for example, threatening to evict farm workers
if they join trade unions or enforce other labour rights. We
believe that there is a need for stronger state commitment to
increased delivery of social services to farm dwellers, in
order to improve their socio-economic position. This will in
turn empower them to challenge abuses by farmers.

Outcome of this Process

We call on the SAHRC to recognise that by convening this
process, farm dwellers' expectations have been raised (and
quite legitimately) that something will finally be done about
their situation. We believe that solutions need to found, which
include:
§ Remedial action to provide redress or compensation
for those who have suffered abuses;
§ Taking action against perpetrators of human rights
violations, which include farmers and state
officials/employees such as the police, court officials
and members of the SANDF; and
§ Ensuring that government gives adequate effect to the
socio-economic rights of farm dwellers; and. an
investigation on the activities of vigilante groups in
farming activities which have often perpetuated the
violation of human rights of farm workers and farm
dwellers.

We have found that the incidents of human rights abuses are
wide ranging and in many instances appear to fall under the
authority of other constitutional or statutory structures. For
example the Department of Labour's labour inspectorate
investigates labour rights violations. However, on the whole
these structures have been ineffective in providing protection
for farm dwellers.

We believe that the SAHRC is well positioned to facilitate
meaningful change in the lives of farm dwellers and should
play a greater coordinating role to ensure the more effective
functioning of other structures. This should include calling
them to account where they have failed to provide adequate
protection.