The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | The Gender, Labor and Social Development Ministry failed in its statutory duty when it failed to provide assistance to migrant laborers leaving the country and protect them from human trafficking according to a High Court judgment.
Justice Musa Ssekaana delivered the judgment stemming from an application filed by 12 Ugandan women and men in 2013 against Uganda Veterans Development Limited and the Attorney General over a number of injustices occasioned to them while abroad. In their suit, the applicants noted that between 2008 and 2009, Uganda Veterans Development Limited recruited them with promises of offering them professional jobs in countries such as Iraq and Lebanon.
They however noted that when they arrived in the countries, they were deployed as house maids where they were subjected to hard and forced labor, slavery, servitude, sexual harassment, torture, cruel, degrading treatment and non-payment of their wages among others. They claimed that when they arrived in Iraq, they were received by businessman Abu Sami and when they started facing mistreatment they sent out information through their relatives and workmates which didn’t not only the Gender Ministry receive but the former Inspector General of Police, General Kale Kayihura as well.
They reportedly promised to intervene in vain. During the hearing, Asol Kabagambe, one of the company directors furnished court with evidence indicating that the applicants voluntarily signed contracts to work as house maids despite the allegations that they had signed them four days towards their departure which made it difficult for them to read the details.
In his judgment, Justice Musa Ssekaana noted that he had looked at the available evidence and established that the applicants were never trafficked because they didn’t only sign the employment agreements but also signed other documents like consent forms. “The fact that they were going out of the country, they had to be extra cautious in order to avoid recklessly signing documents without knowing the implications and consequences,” Justice Ssekaana ruled.
He however faulted the Gender, Labor and Social Development Ministry for failing in its statutory duty when to provide assistance to the migrant laborers. “The Ministry responsible for Employment and Industrial Relations was required to assist and facilitate the deployment and reception overseas of migrant workers and monitor and provide appropriate advice to workers and foreign principals and employers on employment, travel and recruitment procedure”, said Ssekaana.
He noted that the Gender Ministry is required to establish labor assistance centers in as far as the law is concerned saying failure to do so may result in the breach of its statutory duty. He allowed the suit in part and directed each party to meet its own costs.
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