The efficacy of the current legal and regulatory framework on the protection of the rights of Ugandan migrant domestic workers in the middle east: a human rights perspective

Abstract

Uganda has a current and existing legal and regulatory framework comprising of both domestic and international laws that provide for the protection of the rights of all Ugandan citizens. Despite the existence of a progressive legal framework, designed to protect the rights of all individuals, severe and egregious violations continue to occur to Ugandan Migrant Domestic Workers (MDWs) in the Middle East. These include exploitation, contract breaches, torture, organ harvesting, and other forms of inhumane treatment, highlighting a significant gap between the legal protections and the harsh realities faced. This study examines the disconnect between both the national and international legal framework in protecting Ugandan MDWs in the Middle East, and also the persistent, and disturbing reports of abuse and suffering. The study highlights the current and existing legal and regulatory frameworks, identifying the significant gaps that leave Ugandan MDWs vulnerable. The study also assesses the effectiveness of the legal framework using a qualitative research design and a human-rights-based approach to explore the experiences and perspectives of the various MDWs, government officials, and Private Employment Agencies (PEAs). Findings reveal that although Uganda’s legal framework and structures are progressive, practical implementation faces many challenges such as inadequate pre-departure training, poor information dissemination, and the weak regulatory oversight, among others that undermines these protections. In host countries, restrictive visa regimes, employer-controlled work permits, confiscation of passports and limited access to legal recourse worsen the conditions of MDWs. Additionally, bilateral agreements between Uganda and the Middle Eastern countries have also failed to currently protect MDWs, and often lack detailed provisions and effective enforcement mechanisms. In conclusion, through a comparative analysis of successful migrant workers’ laws, policies and programs in countries such as the Philippines, Nepal, and Bangladesh, the study identifies potential areas for reform within Uganda’s legal framework to better protect MDWs’ rights. The study concludes with recommendations for strengthening bilateral agreements, enhancing pre-departure training, improving regulatory oversight, and international cooperation, but strongly advocates for the enactment of a specific legislation with supporting policies to effectively regulate the labour migration export sector. These measures are crucial to ensure the protection and promotion of MDWs’ rights and upholding the inherent dignity, wellbeing, safety, and their inherent worth.