KAMPALA – The High Court of Uganda made a groundbreaking ruling in favor of Ms. Namale Desire, daughter of Milly Namutamba, a migrant worker who died in Saudi Arabia in early 2019. Ms. Desire sued Horeb Services Uganda Ltd and its Director, Mr. Ezra Mugisha, for violating her mother’s right to life.
Milly Namutamba was recruited by Horeb Services Uganda LTD as a domestic service worker in Saudi Arabia on August 19, 2018. At the time of departure, she was in perfect health, having undergone a medical check-up by Horeb Services Ltd. Communication between Ms. Desire and her mother ceased after five months, prompting her to contact Horeb Services and relatives. Despite numerous inquiries, the company remained unresponsive until September 2022, when her uncle discovered her mother’s death.
The High Court delivered a historic judgment, declaring Horeb Services Ltd and its Director guilty of violating Ms. Namale Desire’s mother’s right to life, as enshrined in Uganda’s Article 22 of the Constitution. The court emphasized that licensed recruitment companies bear full responsibility for the safety and life of migrant workers.
According to the ruling, Horeb Services Ltd and its Director failed to ensure Namutamba Milly’s safety and well-being while she was working in Saudi Arabia. The court held that the company’s actions and omissions infringed upon Namutamba Milly’s right to life.
Adv. Titus Asiimwe, counsel for Desire Namale and her Uncle from Women’s Probono Initiative, hailed the ruling as a significant victory. “This ruling sends a powerful message: human life is invaluable, and labour recruitment and externalisation companies who do not accept and take responsibility over migrant workers they export to the Middle East will not be tolerated.”
Desire Namale expressed her relief and gratitude, stating, “This victory is a testament to the resilience of survivors and the power of justice. We appreciate the high court for honouring our call to end impunity among labour recruiters who do not acknowledge the pain and suffering of relatives of women who die in Saudi Arabia.”
The court ordered Horeb Services Ltd and its Director to pay UGX 200,000,000 (Uganda Shillings Two Hundred Million) in general damages and UGX 50,000,000 (Uganda Shillings Fifty Million) in exemplary damages to Ms. Namale Desire and her uncle. Additionally, the company was directed to pay the taxed costs of the case.
This landmark decision sets a crucial precedent, emphasizing the responsibility of labor recruiting agencies to protect migrant workers’ rights in the Middle East, as outlined in Ugandan law. It also highlights the importance of holding perpetrators of human rights violations accountable and ensuring justice for survivors and relatives of deceased migrant workers.
The ruling is expected to have far-reaching implications for the recruitment industry, emphasizing the need for greater accountability and transparency in the treatment of migrant workers. It serves as a powerful reminder of the importance of upholding human rights and dignity, particularly for vulnerable individuals working abroad.
As Adv. Asiimwe noted, “This judgment is a significant step towards ending impunity and ensuring that labour recruitment companies are held accountable for their actions.”
The decision provides hope for families of migrant workers who have suffered similar tragedies, and underscores the importance of seeking justice and accountability.
