Explaining The Ministry of Gender Labour's Misguided Role in Migrant Welfare;
Kayonde abdallah
President Migrant Workers'Voice.(MWV)
The Ministry of Gender, Labour and Social Development (MGLSD) in Uganda has increasingly taken on responsibilities that extend beyond its jurisdiction, particularly in the realm of migrant worker welfare. While the MGLSD is tasked with overseeing labor regulations within Uganda, its attempts to execute duties typically reserved for the Ministry of Foreign Affairs (MOFA) and Uganda's missions abroad have raised concerns about the effectiveness of migrant worker protection.
Acknowledgement:
Regulatory Efforts and Achievements.
The MGLSD has played a pivotal role in establishing regulations that govern the recruitment agencies of Ugandan migrant workers. The Employment (Recruitment of Ugandan Migrant Workers) Regulations, 2021 have introduced stringent measures, such as requiring recruitment agencies to be owned by Ugandan nationals and prohibiting the charging of unauthorized fees to migrant workers. These regulations are crucial for protecting vulnerable individuals from exploitation proactively ensuring that they are treated fairly throughout the recruitment process.
Additionally, the Ministry has actively engaged in training and monitoring recruitment agencies, conducting inspections to ensure compliance with labor standards. The establishment of the External Employment Helpdesk before at Entebbe International Airport is another significant initiative, providing real-time verification of migrant workers’ clearances and helping to curb irregular externalization. These efforts demonstrate the MGLSD's commitment to safeguarding the rights of migrant workers and curbing human trafficking. All that job well done in a proper jurisdiction, but;
Jurisdictional Overreach
Despite these positive developments, the MGLSD's involvement in the welfare of Ugandan migrant workers abroad is problematic, as its jurisdiction effectively ends at Uganda's borders! It can not do anything beyond Uganda's borders without the clearance of MOFA! The Ministry of Foreign Affairs is designated to handle diplomatic relations and the welfare of citizens abroad, including migrant workers. However, the MGLSD has attempted to assert its authority in areas that require the diplomatic expertise and jurisdiction of MOFA.
The Employment (Recruitment of Ugandan Migrant Workers) Regulations, 2021 outline the responsibilities of recruitment agencies and the MGLSD but do not grant it the authority to manage or oversee Ugandan citizens once they leave the country. This jurisdictional mismatch leaves migrant workers without adequate support and protection in foreign states, where the MGLSD's influence is limited and it keeps wanting to resist being alpha and omega across all jurisdictions!
Isolation of Migrant Workers and later wanting to compel them to what they did not ascent to!
The MGLSD's approach has inadvertently isolated migrant workers from the very protections intended for them. By attempting to manage their welfare without the collaboration of MOFA and Uganda's missions abroad, the MGLSD has created a disconnect that undermines the well-being of these workers. The Ministry has established initiatives such as the External Employment Helpdesk that was at Entebbe International Airport, which aimed to verify clearances for migrant workers and stops there. However, these efforts do not address the critical need for ongoing support and protection once workers are in their host countries.
Migrant workers often face exploitation and abuse in foreign environments, and the lack of a coordinated response between the MGLSD and MOFA exacerbates their vulnerabilities. The Ministry of Foreign Affairs is better positioned to provide consular services, advocacy, and support for Ugandan citizens abroad, yet the MGLSD continues to operate in a space where it lacks jurisdiction.
Shared Jurisdiction for Worker Welfare
The well-being and protection of Ugandan migrant workers abroad should be a shared responsibility between the Ministry of Foreign Affairs and the country’s missions alongside Migrant workers themselves. As representatives of Uganda, these missions are equipped to address the unique challenges faced by migrant workers in foreign countries. They have the diplomatic tools necessary to negotiate with host governments and advocate for the rights of Ugandan citizens.
Further more , migrant workers share the same jurisdiction with MOFA and Uganda's missions abroad, which means they have the right to access redress points and fair hearings in all host states, provided they maintain their documented status and enjoy the immunities afforded to them as Ugandan citizens. This legal framework empowers them to seek justice and protection against exploitation or abuse even without the aid of their missions abroad once they have resources such as lawyers or community leaders especially in civil labour disputes as they exercise their right to access labour courts where diplomacy or amnesty may not be required. However, the MGLSD's overreach into this domain undermines the effectiveness of these protections.
The Need for a National Migrant Workers Association:
To effectively advocate for the rights and welfare of Ugandan migrant workers, the establishment of a National Migrant Workers Welfare Association is crucial. This association would focus on several key areas:
Representation:
The association would serve as a collective voice for migrant workers as it is for Philippines OWWA, ensuring that their concerns are heard in policy discussions and negotiations with both the government and foreign employers.
Welfare Services:
By offering support services, including legal assistance, counseling, and resources for navigating labour laws in host countries, the association could significantly enhance the welfare of migrant workers.
Collective Bargaining:
The association would empower migrant workers to engage in collective bargaining, allowing them to negotiate better working conditions, wages, and benefits with employers.
Access to Redress:
With a formal structure in place, migrant workers could more easily access redress points and fair hearings in host states. They would be able to leverage their documented status and the immunities afforded to them as Ugandan citizens to seek justice in cases of exploitation or abuse reducing gaps of exposure to a state of nature where everyone can do to them whatever he wants without any form of social order.
Bridging the Gap Between Ministries
To enhance the welfare of Ugandan migrant workers, it is essential to foster collaboration between the MGLSD and MOFA. This collaboration should include:
Integration of Services: The establishment of a Migrant Workers Leadership within MOFA could facilitate better coordination of services and support for Ugandan citizens abroad. This unit could include labor attaches and paralegal staff trained to handle civil labour issues, thereby filling the existing gaps in legal support.
Joint Training Programs: Both ministries should engage in joint training programs focused on labour migration issues, equipping staff and members of the cordination team under the workers' Adiministration with the necessary skills to address the unique challenges faced by migrant workers.
Policy Development:
The development of policies that recognize the specific needs of migrant workers and provide clear guidelines for their protection in host countries is essential. This should include provisions for legal representation and support in civil matters.
Community Engagement: The association could work with both ministries to raise awareness about the rights and responsibilities of migrant workers, ensuring they are informed before leaving Uganda and have access to resources while abroad.
In Conclusion
The current approach to managing the welfare of Ugandan migrant workers is insufficient, leaving them vulnerable and isolated. While the Ministry of Gender, Labour and Social Development has made significant contributions to the regulation of labor migration and the protection of migrant workers in Uganda, it is crucial for the Ministry to recognize the limits of its jurisdiction.
The establishment of a National Migrant Workers Association is essential for ensuring that their rights are represented and protected. By fostering collaboration between the MGLSD and MOFA, Uganda can create a more robust framework that effectively addresses the needs of its migrant workers, providing them with the support and advocacy necessary to thrive in foreign environments. Only through a coordinated effort can Uganda hope to safeguard the interests of its citizens working abroad and ensure that they are treated with dignity and respect.
By Kayonde Abdallah.
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