Mr Kayonde Abdallah
President Migrant Workers'Voice.
The regulation of labour externalization in Uganda, particularly through the Employment (Recruitment of Ugandan Migrant Workers) Regulations, 2021, reveals significant lacunae that perpetuate injustice for migrant workers. While these regulations aim to create a structured framework for recruitment agencies, they primarily focus on regulating these agencies, leaving Ugandan migrant workers largely unregulated and exposed to abject exploitation.
Regulatory Framework and Its Shortcomings:
The current regulations emphasize the licensing and operation of recruitment agencies, stating that "a person cannot transact business as a recruitment agency in Uganda without a valid license." However, this focus on agency regulation sidelines the migrant workers themselves, who often remain unaware of their rights or the mechanisms designed to protect them. This exclusion perpetuates a system where migrant workers become subjects of regulation rather than active participants in their own protection.
Gaps in Protection:
Despite the existence of regulations, many Ugandan migrant workers find themselves in precarious situations upon arrival in destination countries. Reports indicate that "hundreds of Ugandan women travel to the Middle East in search of employment," only to face exploitation and abuse. The regulations prohibit recruitment agencies from charging unauthorized fees, yet many workers still incur debts due to hidden costs, leaving them trapped in a cycle of exploitation. This situation is exacerbated by the fact that fees are often charged off-record, further complicating the financial burden on workers.
Lack of Incentives for Safe Migration:
A significant gap in the current regulatory framework is the absence of incentives that would encourage migrant workers to utilize legitimate recruitment channels rather than resorting to traffickers or unregulated agents. The lack of social benefits, welfare protections, and insurance coverage for workers who go through regulated agencies diminishes the appeal of these legitimate pathways. As a result, many individuals may feel compelled to seek out illegal or unsafe migration options, believing that the risks associated with trafficking are no greater than those they face through regulated channels.
Complications in Addressing Labor Challenges:
When migrant workers encounter issues in their host countries, they often rely on the very agencies that facilitated their migration, which may have profited from their vulnerability. For instance, the Ministry of Gender, Labour, and Social Development (MGLSD) has established a helpdesk at Entebbe International Airport to verify clearances, yet this does not address the jurisdictional challenges faced by Ugandan authorities in foreign states. Without the support of the Ministry of Foreign Affairs (MOFA) and Ugandan missions abroad, migrant workers are left without adequate recourse when problems arise.
The Danger of a Fragmented System:
This fragmented approach not only jeopardizes the safety of migrant workers but also erodes their sovereign identity. By denying them a presence in the processes meant to aid their protection, the system fosters a sense of helplessness. The lack of a cohesive framework, akin to the Philippines' migrant workers' social contract, means that Ugandan workers often navigate their challenges without a clear set of rules or support structures.
The Need for Representation
To address these injustices, the establishment of a Uganda Migrant Workers Leadership and Social Welfare Association is crucial. This association would serve as a platform for collective representation other than a presumption to relay on Civil Society Organisations as if you recruit Civil Society in those Gulf states, enabling migrant workers to have a voice in decision-making processes that affects their lives, both domestically and abroad.
Recognition of Rights:
A dedicated association could advocate for the recognition of migrant workers' rights, ensuring they are included in bilateral agreements and regulatory frameworks. Such inclusion is vital, as many Ugandan workers have been exposed to abuse and exploitation in foreign countries. The International Labour Organization (ILO) emphasizes the need for a rights-based approach to labor migration, which includes "ensuring that migrant workers are employed in decent, humane, and safe conditions."
Framework for Governance:
The proposed association would establish a set of rules governing both prospective and current migrant workers, akin to the Philippines' social contract for overseas workers. This framework would provide clear guidelines on the rights and responsibilities of migrant workers, ensuring they are informed before leaving the country and can navigate their circumstances abroad. The absence of such a framework currently contributes to a fragmented system that complicates the handling of labor challenges, as workers often have to rely on recruitment agencies that may prioritize profit over their welfare.
Addressing Off-Record Fees:
The current regulations on labor externalization do not adequately address the issue of recruitment fees charged to workers off-record or behind closed doors. While the regulations prohibit recruitment agencies from charging unauthorized fees, they do not provide a comprehensive framework for monitoring and enforcing these provisions. As a result, many workers still face hidden costs and debt burdens due to undisclosed fees charged by agencies or their subagents.
To address this gap, the proposed Uganda Migrant Workers Leadership and Social Welfare Association could play a crucial role in advocating for stronger regulations and enforcement mechanisms. By giving migrant workers a voice in the decision-making process, the association could push for measures that ensure all fees and costs are disclosed upfront and borne by employers, not workers.
Going forward:
The current regulatory framework for labor externalization in Uganda highlights significant shortcomings that leave migrant workers vulnerable and marginalized. By failing to include migrant workers in the formulation of policies that govern their migration, the system perpetuates their vulnerability and leaves them exposed to exploitation. Establishing a dedicated association for migrant workers would empower them, ensuring they have a voice in the processes that affect their lives and fostering a more coordinated approach to labor migration. This initiative is essential for restoring their sovereign identity and ensuring that they are not merely subjects of regulation but active participants in shaping their futures.
By Kayonde Abdallah
President Migrant Workers'Voice
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