Address by the Deputy Minister of Justice and Constitutional Development, the Hon JH Jeffery, MP, at the Farmworker and Farm-dweller Rights National Strategic Engagement, held at The Strand Towers Hotel, Cape Town
Ladies and gentlemen,
Good evening, goeie naand, and thank you for the kind invitation to be part of this weekend’s events.
In Oktober verlede jaar het adjunkpresident Cyril Ramaphosa die Paarl besoek en geluister na probleme wat plaaswerkers ondervind – probleme soos uitsettings en meganisasie.
Hy het ‘n beroep gedoen op boere wat na bewering betrokke is by die uitsetting van plaaswerkers in die Boland, om dit te staak en gesê boere moet help met die hervorming van die gemeenskap en plaaswerkers.
Earlier this year we again witnessed media reports on escalating evictions from farms in the Western Cape.
One article tells the story of 58-year old John Gcanga and his wife Ella who have had to rebuild their lives after they were evicted after 20 years on a Rawsonville farm. Left blind in his right eye, presumably because of being exposed to toxic pesticides, Gcanga said he had never received any compensation. He and his wife left the farm after the owner told them to “clear the house and get out”.
The couple now live in a shack in the informal settlement Geelkamp.
The ILO – the International Labour Organisation – released a report last month on farm Workers’ Living and Working Conditions in South Africa, looking at key trends, emergent issues, and underlying and structural problems.
In 2011 some 750 000 households with an aggregate population of 2,7 million people (5.28% of South Africa’s population) lived in farm areasof South Africa, of whom nearly 600 000 households with a population of 2, 078 million people lived on farms.
The ILO study found that 65% of employed farm dwellers earned R1 600 or less per month.
Some 70% of farmhands and labourers are employed in the growing of crops, 22% in farming of animals, and 7% in mixed farming operations. With regards to the working conditions of farmhands and labourers during the 3rd Quarter of 2014, only 51% had employment of a permanent nature - 25% had employment of limited duration and 23% had employment of unspecified duration.
Women were less likely than men to have employment of a permanent nature.
Over 92% of workers with employment of a permanent nature and 80% of workers with employment of a limited duration have written employment contracts. However, a mere 40% of workers with employment on unspecified duration have written employment contracts.
Only 46 % were entitled to paid vacation leave and only 35% were entitled to paid sick leave. Few farmhands and labourers were entitled to maternity (5.6%) or paternity leave (1.5%).
Only 20% of farmhands and labourers received a contribution to pension or a retirement fund and only 1.5% received contributions to medical or health insurance. Approximately two-thirds (67.1%) had deductions for UIF.
These figures show us that farmworkers and farm-dwellers remain a vulnerable group.
En dis hoekom dit so belangrik is dat boere, plaaswerkers en plaasbewoners bewus is van wetgewing rakende plaaswerkers se menseregte.
Farmworkers and farm-dwellers are one of the most exploited sectors of South African society and are classified as a ‘vulnerable group’ in South Africa. They comprise people living or residing on or off farms who provide services on farms associated with farming activity, with arrangements that may be permanent, fixed-contract to seasonal, migrant or any other such variation.
According to a recent article in Business Day, quarterly labour force statistics show a steady decline in agricultural employment, from 739,000 in the third quarter of 2013 to 686,000 a year later.
What is further noteworthy, in relation to the Western Cape specifically, is that the ILO Report, that I mentioned earlier, points out that migration to the labour intensive fruit areas of the Western Cape is increasing.
An attraction of Western Cape farms is that they offer longer seasonal employment at higher wages than those in other parts of the country, and says the report, because Western Cape fruit and wine farms have been subjected to ethical trade audits for some time, they tend to be more compliant with labour and health and safety legislation.
Many of you will recall the protests by farm workers in De Doorns, during 2012 and early 2013. These protests followed a united call from workers and communities across the wider Boland area of the Western Cape for a minimum wage of R150 a day. It also included other demands about their living conditions.
The strike highlighted the high levels of frustration amongst farm workers, farm dwellers and migrant communities in the area, who experience growing poverty and labour rights violations.
These violent protests led the then Deputy President to facilitate a dialogue session that engaged with farmworkers, unions, civil society organisations, farmers and farmer organisations.
A national task team under the leadership of the Deputy President, and coordinated by the Department of Agriculture, Forestry and Fisheries was established and various roles and responsibilities were given to government departments, including my Department, the Department of Justice and Constitutional Development, to address specific issues and challenges raised by the affected communities.
The Terms of Reference of the Western Cape Priority Committee, which Adv Mohamed spoke of earlier this afternoon, included the building of positive and constructive relationships with rural farming communities, farmworkers and farm-dwellers, unions, civil society organisations, farmers and farmer organisations.
It also included a targeted Human Rights Awareness project, developed and implemented through a collaborative partnership between the Department and the Foundation for Human Rights (FHR), to ensure that identified farming communities and beneficiaries are educated about their rights in a meaningful manner and to strengthen community structures.
Much has been done since the establishment of the Task Team, such as establishment of the National Vulnerable Workers Inter-Departmental Forum which has drafted a set of responsibilities for the various Departments.
In addition, our department, the Department of Justice and Constitutional Development, and the National Prosecuting Authority will be facilitating integrated training with local government in respect of the Gatherings Acts and SAPS has indicated that they have already provided training to the Municipal Managers of the various Municipalities earlier this year.
On the issue of human rights awareness, we last week had the launch of the Baseline Survey on Awareness of Attitudes and Access to Constitutional Rights, a study commissioned by the FHR.
At the heart of the survey were two questions: ‘Have you heard about the Constitution of South Africa?’ and ‘Have you heard about the Bill of Rights?’
The responses indicated that only 46% of respondents were able to answer ‘yes’ to either of these two questions.
This figure is lower than was reported in other previous surveys, showing that members of vulnerable and marginalised communities are particularly lacking in awareness of their basic rights. Those most in need of asserting their rights are those who are least aware of the legislation that they have at their disposal.
More worrying is that less than 10% of respondents had read these documents, or had either of the documents read to them.
Location is one of the key factors that affects awareness of human rights. In general, respondents in rural and farming communities were somewhat less likely to have a basic level of knowledge compared to their urban counterparts.
That is exactly why programmes such as this – our Socio-Economic Justice for All (SEJA), branded as “Amarightza,” project - are so vitally important to raise awareness of human rights of all our people. It’s not simply good enough for persons to know what their rights are – they must also be empowered as to how to go about enforcing those rights.
In August we celebrate Women’s Month. And one issue where we need to sharpen our focus is that of the rights of female farm workers and farm dwellers and the issue of women and land.
Many of you will, no doubt, be familiar with the “One woman, One Hectare” initiative – a proposal by the Commission for Gender Equality for government to provide access to one hectare of land to all vulnerable women in the country.
According to acting Land Claims judge and Commission for Gender Equality Commissioner Dr Wallace Mgoqi, who previously served as chief land claims commissioner, the “One Woman One Hectare” approach would “reverse the patterns of patriarchy in this country which is insidious and stubborn and continues to undermine our quest for gender equality”.
The initiative is also being supported by the Rural Women’s Assembly which focuses on women’s rights to land, to water, to their own production methods and to a decent life.
And what about the relationship between farmers and farm workers? Government’s National Development Plan acknowledges that the relationship between farmers and farm workers is, at times, a difficult one.
Soos Christine Loxton van die Universiteit van Stellenbosch, in haar meestergraad studie oor die verhoudings tussen plaaswerkers en boere in die Swartland omgewing, skryf –
“Die verhouding tussen die boer en die plaaswerkers is nie slegs ekonomies nie, maar weerspieël die kompleksiteit van werksverhoudinge wat oor generasies geskep is in ʼn konteks waar “familie” en “besigheid”; en “werk” en “verblyf” verstrengel was.
Wat hedendaagse verhoudings kompliseer, is ’n wisselwerking tussen paternalisme en modernisering en dit maak hierdie verhoudings selfs meer kompleks.
Beide boere en werkers is afhanklik van die sukses van boerdery.”
Often when we think of the rights of farm workers and farm-dwellers we think of labour rights and land tenure.
Maar dit is soveel meer as net werk en behuising.
Human rights for farm workers and farm dwellers entail more than this, for example, the right of access to health care – are farmworkers able to go and visit their clinic? Hoe ver is die kliniek en hoe kom hulle daar?
The right to education: gaan hulle kinders na die plaasskool of na die skool op die dorp?
What about religion and culture? Is daar voldoende geleentheid vir plaaswerkers om hul godsdiens en kultuur te beoefen?
To conclude, ladies and gentlemen, the purpose of the Strategic Engagement is really to provide a space for reflection on and analysis of the current issues facing farmworkers and farm-dwellers and to further focus our efforts towards addressing these issues.
A lot has been done – In June 2001, the South Africa Human Rights Commission instituted a comprehensive national inquiry into human rights violations in farming communities.
In 2008, the SAHRC embarked on a second inquiry. It made various recommendations and stressed that all spheres of government have a responsibility to articulate clear policies and develop integrated programmes to address the needs and concerns of farming communities. Solutions must be derived in partnership and with the participation of all the key role players.
Last year the SAHRC held national hearings relating to various challenges facing farming communities. The hearings aimed to assess the progress made by both public and private actors on the implementation of the SAHRC’s earlier recommendations. Submissions were made by variety stakeholders, including our department.
Indeed, a lot has been done - but there is still so much more to do.
Let us, over the next few days, be ever-mindful of the words of a poem written by Njabulo Ndebele and Antjie Krog:
“Suid-Afrika behoort aan al sy mense.
Ons, die mense van die land, behóórt aan mekaar.
Ons ís en lééf die reënboog.”
I wish you all a very successful Strategic Engagement session.
I thank you!
