Arid condemns “gross violation” of migrant workers’ rights |09 April 2018
The Association for Rights, Information and Democracy (Arid) has expressed its concerns over what it has described as “gross violation of human rights” with regard to the living conditions of some foreign construction workers on Zone 20 at Providence.
The following is a communiqué from ARID after a visit to the above-mentioned site on Thursday April 5.
“A group of four human rights observers from the Association for Rights, Information and Democracy (Arid) visited two living quarters of foreign construction workers on zone 20 at Providence on Thursday April 5, 2018. We have discovered gross violation of human rights and infringement to the International Convention on the Protection of the Rights of all Migrant Workers and Members of Their Families adopted by the UN General Assembly in December 1990. The poor living conditions and inhumane treatment of these workers are also an infringement and contravention to the Employment Act of Seychelles and the Public Health Act.
Our observations:
Zone 20: Close to the new asphalt plant: name of company: FLB construction
We have observed some serious issues relating to inadequate and substandard basic facilities for workers. Lack of medical treatment. Lack of proper sanitation and hazardous environment. No water supply in the designated cooking area and no storage facility for food supplies. None compliance to the health and safety regulations, no fire extinguisher and no fire exit. Poor toilet facilities. Injured workers are not getting medical treatment and they are being forced to cover their working hours. Workers have not been paid their salaries and overtime for four months now and according to them they cannot send money to their families because of that. Gross breach of their original/initial employment contract. Inhuman treatment (forced to work in dangerous working conditions, being transported in open trucks even during bad weather conditions). They have been asked to pay deposits without any explanation as to why. Restrictions on their movement and all their passports surrendered.
In another case (zone 20) we have observed one Indian worker from ‘Shreeji Construction’ being posted to watch over more than 15 containers (20 feet) overnight (as security guard). He is based in the open-air without any basic facility. This practice has been on for a while.
Our recommendations (all migrants workers)
- The Ministry of Health and the Ministry of Employment must conduct regular site visits (including after working hours visits) to all migrant workers living quarters;
- Basic facilities are made available on site for workers watching containers or working as security guards;
- Fire Department must pay a visit at all the sites and verify the fire and safety issues;
- The workers are given back their passports and allowed to move freely during their time off;
- Coaches/buses or closed vehicles are used for their transportation instead of open trucks (exposing them to weather conditions and compromising on their health and safety);
- Immediate action must be taken by the company for full compliance of the basic requirements to improve the living conditions of their workers;
- Workers from FLB company must be paid their outdated/outstanding salaries including overtime benefits;
- Conditions stated in their employment contract must be respected;
- The ministry of labour and other agencies must be more pro active and ensure that the rights of all migrant workers in Seychelles are respected and their living conditions are up to the basic standards;
- Full investigation and immediate appropriate actions must be taken against FLB and other construction companies who are not respecting the law.
In conclusion Arid is requesting immediate corrective measures and appropriate actions from the Ministry Employment, Ministry of Health and all other related agencies.
In October last year we wrote to all the relevant ministries and agencies on similar issues at a different zone (zone 21: Company O Nivo construction) but unfortunately there are still some concerns yet to be addressed by the Public Health and the Ministry of Employment. Arid has already contacted the Human Rights Commission and the Ombudsman for further actions.