1. Click to edit Master subtitle style Presentation: Labour Portfolio Committee: 08th November 2011 Food And Allied Workers Union

2. CONTENTS: INTRODUCTION BACKGROUND AIMS & OBJECTIVES OF THE PRESENTATION CIVIL & POLTICAL RIGHTS LIVING CONDITIONS SOCIAL SERVICES RELATED ISSUES WORKERS RIGHTS & WORKING CONDITIONS RECOMMENDATIONS; SUMMARY AND CONCLUSION

3. INTRODUCTION FAWU organises Workers:  Traditional Food & Beverage Processing; Sales & Distribution  Both Primary & Secondary Agricultural  Sugar Plantations & Processing  Forestry Plantations & Processing;  Fishing In & off shore and processing  And all other related or Allied sectors FAWU affiliates t:  Locally affiliated to COSATU  Internationally to the IUF. Membership of 127 0000 more than 31 000 farm workers

4. BACKGROUND Gained considerable experience and knowledge on the sector and the plight of farm workers Partnered with a number of strategic organisation and cooperated with institutions both nationally and internationally focussing on farm workers’ plight Dedicated resources to focus the plight of farm workers and dwellers

5. PROGRAMS: AIMS & OBJECTIVES LIBERATE THE FARM WORKERS IMPROVE THE WORKING AND LIVING CONDITIONS BUILD CAPACITY; INCREASE KNOWLEDGE AND UNDERSTANDING ON THE SECTOR DEEPEN AWARENESS ABOUT FARM WORKERS PLIGHT SET UP STRATEGIC/PROGRESSIVE PARTNERSHIP MOBILISE RESOURCES WITH COORDINATED COLLECTIVE PROGRAMS

6. POWER RELATIONS Widespread violations of rights by farm owners  Suffer beatings and insults on regular basis, in some cases brutal killings  Poor investigation by police on reported cases  Low rate of prosecution and if any, results in light or suspended sentences Denial of fundamental Rights  Confiscation and lack of access to ID  Violators of these human rights not brought to book  NB: Signing of MoU during elections POWER RELATIONS Widespread violations of rights by farm owners Suffer beatings and insults on regular basis, in some cases brutal killings Poor investigation by police on reported cases Low rate of prosecution and if any, results in light or suspended sentences Denial of fundamental Rights Confiscation and lack of access to ID Violators of these human rights not brought to book NB: Signing of MoU during elections

7. Farm workers and their families generally dwell on farms  Thus they live in conditions of indignity and slavery circumstances  Animals live under comparatively better conditions than farm workers  They hardly access social services and even a cemetery Farm workers and dwellers do not have access to affordable electricity; safe water, shelter and food. In reaction to new laws and policy EVICTIONS have increased leaving workers and dwellers surviving by the road side and without facilities such as shelter, safe water and toilets Recently evictions are a result of workers organising themselves for protection against slave type working and living conditions Farm workers and their families generally dwell on farms Thus they live in conditions of indignity and slavery circumstances Animals live under comparatively better conditions than farm workers They hardly access social services and even a cemetery Farm workers and dwellers do not have access to affordable electricity; safe water, shelter and food. In reaction to new laws and policy EVICTIONS have increased leaving workers and dwellers surviving by the road side and without facilities such as shelter, safe water and toilets Recently evictions are a result of workers organising themselves for protection against slave type working and living conditions

8. Farm workers and their families living on farms hardly have access to social services NOTING: The primary constraint to roll out government social services on farms is the private property claim farm owners make on the land; Community workers do not reach inside farms to assist with accessing of social grants and services Without appropriate Rural Residential Settlement, farm workers and dwellers will not have access to shelter that connects to bulk infrastructure ( safe running water; electricity and ablution facilities) or public transport and amenities like cemetery and recreational facilities Farm workers and their families living on farms hardly have access to social services NOTING: The primary constraint to roll out government social services on farms is the private property claim farm owners make on the land; Community workers do not reach inside farms to assist with accessing of social grants and services Without appropriate Rural Residential Settlement, farm workers and dwellers will not have access to shelter that connects to bulk infrastructure ( safe running water; electricity and ablution facilities) or public transport and amenities like cemetery and recreational facilities

9. Farm workers and dwellers children are unable to equitably get access to quality education because of school fees, distance they often travel and sometimes as a result of school within private property The normal upbringing and growth of children in the absence of proper recreational facilities exposes them to early or teenage parenting; substance dependency and ultimately resort to farm labouring Farm workers and dwellers children are unable to equitably get access to quality education because of school fees, distance they often travel and sometimes as a result of school within private property The normal upbringing and growth of children in the absence of proper recreational facilities exposes them to early or teenage parenting; substance dependency and ultimately resort to farm labouring

10. World over, workers in the Agricultural and Forestry sector are considered vulnerable and work under hazardous conditions Women and Children being amongst the most vulnerable and exploited The sectors employ and exploit illegal foreign nationals (those without proper documentation) The seasonality nature of employment and activities in farming defeats worker’s long term wealth creation and sustainability World over, workers in the Agricultural and Forestry sector are considered vulnerable and work under hazardous conditions Women and Children being amongst the most vulnerable and exploited The sectors employ and exploit illegal foreign nationals (those without proper documentation) The seasonality nature of employment and activities in farming defeats worker’s long term wealth creation and sustainability

11. Virtually farm owners do not respect the spirit of the labour laws:  They pay workers less than the stipulated minimums in the Sectoral Determination and make workers work long unpaid hours  Do not provide workers with the Personal Protective Clothing as per the OHSA  Do not Comply with the Employment Equity Act And Skills Development Act  Harass and intimidate workers with dismissal should workers belong to trade unions  Claiming private property rights the threaten union officials with trespassing law enforcement when organizing workers  Therefore there is hardly collective bargaining to improve working conditions, protection against summary dismissals initiation of grievances and representation in disciplinary actions within farms Virtually farm owners do not respect the spirit of the labour laws: They pay workers less than the stipulated minimums in the Sectoral Determination and make workers work long unpaid hours Do not provide workers with the Personal Protective Clothing as per the OHSA Do not Comply with the Employment Equity Act And Skills Development Act Harass and intimidate workers with dismissal should workers belong to trade unions Claiming private property rights the threaten union officials with trespassing law enforcement when organizing workers Therefore there is hardly collective bargaining to improve working conditions, protection against summary dismissals initiation of grievances and representation in disciplinary actions within farms

12. RECOMMENDATIONS The Human Rights Watch recommendations on the Western Cape Situation must be addressed Unless where it relates to the Western cape or specific sector, the recommendations cover all provinces In addition: To the Department of Labour  Allocate resources to strengthen trade unions organising farm workers.  Speed up the labour reform process  Conduct yearly farm visits with specific targets

13. RECOMMENDATIONS cont. On Civil and Political Rights National Government must invest in land, infrastructure and services where farm workers are dwellers or beneficiaries The property clause in the constitution must be amended to suit the economic transformation agenda of the country National government and local municipalities must implement the Resolutions of the Summit on Farm Workers held in July 2010 FAWU with other related trade unions and Farmers Associations must create a platform where they discuss relevant matters to the sector and the economy.

14. RECOMMENDATIONS cont. Collaboration between Government Departments; Labour, Agriculture; Justice & Constitutional Development, Social Services; Education & Women Children & Person With Disabilities ;the National Commissioner of the SAPS and Trade Unions in organising in the farming sector to deal with the injustices prevailing in the sector. That law enforcement and community workers are granted access to farms and prioritised

15. MANY RESEARCH REPORTS CONFIRM OUR EXPERIENCES IN ORGANISING FARMWORKERS EXAMPLE: THE HUMAN RIGHTS WATCH REPORT ON THE PLIGHT OF FARM WORKERS IN THE WESTERN CAPE CHALLENGES FACING FARM WORKERS AND DWELLERS ARE COMPLEX THEREFORE REQUIRES COLLECTIVE RESPONSE/ACTIONS END THANK YOU!!! MANY RESEARCH REPORTS CONFIRM OUR EXPERIENCES IN ORGANISING FARMWORKERS EXAMPLE: THE HUMAN RIGHTS WATCH REPORT ON THE PLIGHT OF FARM WORKERS IN THE WESTERN CAPE CHALLENGES FACING FARM WORKERS AND DWELLERS ARE COMPLEX THEREFORE REQUIRES COLLECTIVE RESPONSE/ACTIONS END THANK YOU!!!