KAMPALA - In a groundbreaking decision, the High Court of Uganda has ruled in favor of Ms. Namale Desire, the daughter of a deceased migrant worker in Saudi Arabia, in a landmark case that underscores the critical importance of protecting the right to life of Ugandan women working in the Middle East.
Case background
Ms. Namale Desire, the biological daughter of the late Milly Namutamba, who died in Saudi Arabia in early 2019, sued HOREB SERVICES UGANDA LIMITED and its director, Mr. Ezra Mugisha, for violating her mother’s right to life while she was in Saudi Arabia. Desire testified that her mother was recruited to work in Saudi Arabia as a domestic worker by Horeb Services Uganda Ltd on August 19, 2018. At the time of her departure, Milly Namutamba was in good health and had undergone a medical check-up facilitated by Horeb Services Uganda Ltd.
While in Saudi Arabia, Desire and her mother maintained regular communication for five months before all contact was abruptly lost. After a month of silence, Desire contacted Horeb Services and other relatives, raising concerns about her mother’s well-being. Despite visiting the company frequently for two years to inquire about her mother’s whereabouts, Horeb Services remained unresponsive. In September 2022, Desire’s uncle learned through unknown sources that her mother had died.
Desire and her uncle approached Horeb Services Uganda Ltd, which confirmed her mother’s death but failed to provide any formal explanation regarding the cause of death.
The ruling
The High Court of Uganda delivered a historic judgment today, declaring that Horeb Services Ltd and its director violated Milly Namutamba’s right to life, as protected under Article 22 of the Constitution of Uganda. The court held that a licensed recruitment company is fully responsible for the acts of its officials, employees, and representatives related to the recruitment and placement of workers. Horeb Services Ltd, as the primary agency responsible for Namutamba’s recruitment, bore the full responsibility for her safety and life while in Saudi Arabia.
The court found that Horeb Services Ltd should have taken action to enforce the agreed-upon terms with the foreign recruitment agency or the Kingdom of Saudi Arabia. The court ruled that the actions and omissions of Horeb Services Ltd and its director infringed on Namutamba Milly’s right to life and ordered:
Key Quotes
"This ruling sends a powerful message: human life is invaluable, and labor recruitment and externalization companies that fail to take responsibility for the workers they send to the Middle East will not be tolerated." — Adv. Titus Asiimwe, Women’s Probono Initiative (Counsel for Desire Namale and her Uncle)
"This victory is a testament to the resilience of survivors and the power of justice. We appreciate the High Court for answering our call to end impunity among labor recruiters who ignore the pain and suffering of the relatives of women who die in Saudi Arabia." — Desire Namale, Daughter of the Deceased Migrant Worker
Impact
This ruling sets an important precedent, affirming that labor recruitment agencies must protect the rights of migrant workers as required by Ugandan law. It also highlights the need for accountability in cases of human rights violations, ensuring that survivors and the families of deceased migrant workers receive justice.
Torch Media Africa
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