Background

The late Milly Namutamba was recruited by Horeb Services (U) Ltd as a domestic worker in Saudi Arabia in August 2018 and she tragically passed away in early 2019. At the time of her departure, Milly was in excellent health and had undergone a medical examination conducted by Horeb Services (U) Ltd. During her time in Saudi Arabia, she maintained regular communication with her daughter, Namale Desire, for approximately five months before suddenly losing contact. After a month without any communication, her daughter became concerned and reached out to relatives, who advised her to visit the offices of Horeb Services (U)Ltd to inquire about her mother. Over the next two years, Desire repeatedly sought information from the company but received no answers. In September 2022, she learned through sources unknown to her that her mother had died. When she approached Horeb Services(U)Ltd for confirmation, they acknowledged her mother's death and promised to formally update them on the cause of death which was never done. The company later invited the family for a meeting where they promised compensation and assistance for travel to pay their last respects; however, there was no further communication which prompted the family to contact lawyers which resulted into filing a human rights application in court.

Issues for Determination

The primary issue for determination was whether the Respondents had violated Milly Namutamba's right to life, along with her rights to dignity and freedom from inhuman and degrading treatment, as well as the Applicants' right to information.

Court's Ruling

The court ruled that:

The court concluded that the Respondents' actions constituted a violation of Milly Namutamba's right to life.

Conclusion

Numerous cases have emerged where migrant workers have tragically lost their lives from countries like Saudi Arabia, United Arab Emirates (U.A.E), Jordan, among others after being externalised by local recruitment agencies; others have returned home under distressing conditions suffering from various illnesses. These unfortunate outcomes are often due to a combination of poor working conditions, exploitation, and ill-treatment by employers. Additionally, the lack of awareness about local laws and rights, compounded by language barriers and cultural differences, leaves these workers vulnerable to abuse and exploitation.

This ruling is very important since it clarifies that recruitment agencies cannot evade their responsibilities towards these workers such as ensuring their safety.

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