A Victory for Migrant Workers – The Case summary and a Call for Action
On October 7, 2024, the High Court of Uganda delivered a historic ruling in the case of Namale & Another v Horeb Services Uganda Limited & Another, setting a significant precedent for the protection of migrant workers' rights. The court found Horeb Services Uganda Limited and its director liable for violating the right to life of Milly Namutamba, a migrant worker who tragically died while working in Saudi Arabia.
Namale Desire, her family and counsel speak to reporters outside the court house
At Tukole Empathy, we believe this case is not just a legal victory for Ms. Namale Desire, the daughter of the late Milly Namutamba, but also a turning point in the fight to protect the rights and dignity of East African migrant workers. This landmark decision is a strong message to recruitment agencies and other stakeholders in the migrant labor chain: responsibility does not end at the point of recruitment; it extends to ensuring the safety, well-being, and rights of migrant workers throughout their journey.
A Victory, But the Fight Continues
While this ruling is a step forward, the journey to full protection and empowerment for migrant workers is far from over. Migrant workers from East Africa, particularly women working in domestic service in the Middle East, continue to face exploitation, neglect, and even death. As seen in this case, the lack of communication, transparency, and accountability from recruitment agencies leaves families devastated and without answers. Tukole Empathy is committed to ensuring that no family has to endure the pain and uncertainty that Ms. Namale’s family went through.
This case illustrates how recruitment agencies, in this instance Horeb Services, can be held accountable for their actions—or inaction—when they fail to protect the rights of migrant workers they are responsible for. The court ruled that Horeb Services had failed to protect the late Milly Namutamba, ultimately violating her constitutional right to life. The agency's failure to monitor her well-being, provide timely information about her death, or even arrange for the repatriation of her remains was a gross dereliction of duty.
Tukole Empathy’s Role in Migrant Worker Advocacy
At Tukole Empathy, we stand with the Namale family and thousands of other East African families who have lost loved ones or whose relatives have suffered under terrible conditions abroad. Our mission is to ensure that these injustices are never repeated. The fight for migrant worker rights requires persistent advocacy, policy reform, and education.
Advocacy and Legal Support: Tukole Empathy is committed to working with international organizations, governments, and legal bodies to advocate for stronger protections for migrant workers. We aim to expand our network of legal professionals to assist families in similar situations and provide them with the tools they need to seek justice.
Collaboration with Governments and Recruitment Agencies: We are actively working with governments in East Africa and the Middle East to improve the regulatory frameworks governing labor migration. This includes ensuring that recruitment agencies are held to higher standards of accountability and transparency. Tukole Empathy believes that recruitment agencies must be fully responsible for the migrant workers they externalize, including ensuring that contracts, safety protocols, and communication standards are upheld.
Education and Empowerment: Many migrant workers are unaware of their rights or what to do in case of mistreatment. Tukole Empathy is focused on educating migrants before they leave for work abroad, providing them with resources that outline their legal rights and the proper channels to seek help in case of abuse. We also provide support to families left behind, ensuring they know how to advocate for their loved ones.
Emotional and Psychological Support: The emotional toll on families who lose contact with their loved ones, or worse, find out about their death years later, is immeasurable. Tukole Empathy is building a support system for these families, offering counseling services and platforms where they can share their stories and receive support from others who understand their pain.
Transforming the Narrative: From Victims to Empowered Migrants
One of the most powerful outcomes of this ruling is the opportunity to change the narrative around migrant workers. Too often, East African migrants, especially women, are seen solely as victims of abuse and exploitation. While it is crucial to acknowledge the severe challenges they face, Tukole Empathy aims to empower these workers by providing them with the knowledge, legal resources, and emotional support they need to assert their rights and protect themselves.
Our vision is to create a future where migrant workers are fully aware of their rights and are equipped to advocate for themselves, even in foreign countries where legal systems may not always be in their favor. We also call for recruitment agencies to adopt a more humane and ethical approach, ensuring the safety and well-being of workers from recruitment to the completion of their contracts.
The Road Ahead: A Call for Policy Reform and Global Collaboration
The case of Namale Desire vs. Horeb Services Uganda Ltd highlights the urgent need for systemic reforms in the labor migration process. Tukole Empathy is intensifying its efforts to work with both African and Middle Eastern governments to establish stronger policies that protect the fundamental rights of migrant workers. These reforms must include mandatory tracking of all workers, better monitoring of recruitment agencies, and clear lines of communication between workers and their families.
We call on governments, international labor organizations, and human rights bodies to join us in this fight. The protection of migrant workers cannot be left solely to recruitment agencies; it requires a global effort to ensure that workers are treated with dignity and respect, no matter where they are.
Conclusion: Justice for One, Justice for All
The victory for Ms. Namale Desire is a victory for all migrant workers and their families. But this case is just the beginning. Tukole Empathy is committed to using this case as a catalyst for change, pushing for greater accountability, better protections, and a future where no East African migrant worker is left behind.
To support our work or to learn more about our initiatives, please visit our website or contact us directly.
Together, we can build a future where migrant workers are not only protected but empowered.
