Labour export companies: Protect the migrant workers

Women’s Probono Initiative (WPI) has received several cases of human rights violations arising from the externalisation of labour of women in Uganda. 

This often shows up in the form of sexual exploitation and coercion, lack of pay, deplorable living and working conditions, and physical assault. The situation is exacerbated by lack of sufficient legal protection, deceptive recruitment practices, power imbalances where the workers highly depend on the employers, a lack of awareness of legal redress mechanisms, and inadequate monitoring and support.

In 2020, WPI instituted a public interest case against the Attorney General and a labour export company. We challenged the labour export company’s failure to enact laws to ensure citizens’ safety in the Middle East, which ultimately leads to violation of women rights, including the right to life and work. 

We acted based on the unfortunate death of Milly Namutamba, who was a domestic worker in Saudi Arabia in 2019.When Namutamba's family approached WPI, we decided to put the Employment (recruitment of Ugandan migrant workers abroad) regulations to the test.

We filed the case of Desire Namale and another vs Horeb Services (U) Ltd and another Miscellaneous Cause No. 0021 of 2023 challenging the fact that the labour export company had failed to inform her family of her death, establish the cause of her death and repatriate her body to Uganda for proper burial.

Justice Boniface Wamala issued a ruling, declaring that the labour export company violated the right to life of the applicants’ mother which is protected under Article 22 of the 1995 Constitution of the Republic of Uganda. The Court held that Horeb Services (U) Ltd as a licensed recruitment agency, bore the primary responsibility for the safety and welfare of the deceased Namutamba, who was a migrant worker.

This case marks a positive step towards protecting women and girls who are sent to work in the Middle East. It emphasises that the responsibilities of labour export companies extend beyond the airport. 

This case is just one example of many, where women rights are violated through sexual exploitation and poor working and living conditions. It also represents hope for the thousand others who move to the Middle East for work in hopes of better taking care of their families. This also becomes urgent following the mass exodus of women to the Middle East for work due to the lack of adequate opportunities in Uganda, desperate yet they know it is not safe.

It is, therefore, crucial for Uganda to immediately improve the domestic working conditions by, among others, prioritising the passing of the minimum wage Bill. The argument that cheap labour attracts investors is weak. If anything, it is the general populace that suffers because they do not receive sufficient pay to meet their everyday needs.The government must, hence, prioritise the well-being of its people. 

It is important to consider increasing investment in Ugandan embassies and deploying additional labour officers. It is also important to note that insufficient funding to support migrant workers has led to a number of women and girls being stranded in countries such as Saudi Arabia, Jordan, Oman, Abu Dhabi, Turkey, and Thailand, among others. We urge the government to be proactive because thousands of lives depend on them for survival and for redress.

Mr Titus Assimwe is a legal officer at Women Probono Initiative