Do migrants/ refugees have employment rights?

Yes, migrants/refugees have rights according to theory as illustrated in the international human rights law (IHRL). However the rights vary depending on host country’s domestic laws and how these laws are applied.  

Refugees

Refugees are persons who are outside their country of origin for reasons of feared persecution, conflict, generalized violence, or other circumstances that have seriously disturbed public order and, as a result, require international protection.[1] 

Migrants

While there is no formal legal definition of an international migrant, most experts agree that an international migrant is someone who changes his or her country of usual residence, irrespective of the reason for migration or legal status.[2] Generally, a distinction is made between short-term or temporary migration, covering movements with a duration between three and 12 months, and long-term or permanent migration, referring to a change of country of residence for a duration of one year or more.[3]

No recognition of foreign qualifications

It is noted that academic qualifications gained outside the EU are often not recognize, resulting in migrant workers having to take low paid jobs. This also forces them to share substandard accommodation with friends to reduce living expenses.Migrants may not be in position to afford paying for education which often costs three times in the case of non-EU.

Right to work

Migrants with no right to work in the host will not be employed because it is the law. It is therefore important to note that exploitation of migrant workers is a persistent problem with evidence of workers being trafficked to work long hours in exploitative conditions and earning low wages below minimum wages. 

Work permit

For instance, one to qualify for a work permit in Ireland, they should be in possession to earn not less Euros 30,000.  However most entry jobs that may be accessible for migrants pay not more than Euros 22000 making it harder for immigrants to get work permits. The workers often cannot leave exploitative employers as their immigration status will mean they are at risk of becoming undocumented. Allowing migrant workers to have control over work permits instead of employers would give workers more autonomy in securing legal entitlements and more confidence to report illegal work practices.

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[1] The 1951 Refugee Convention,

[2] United Nations Department of Economic and Social Affairs

[3] UN Refugees and Migrants, https://refugeesmigrants.un.org/definitions

The European Union is working with Libyan coastguards to reduce the number of migrants crossing the Mediterranean Sea. But many of those intercepted end up in detention centres in Libya, where some migrants say they are used as slaves, as the BBC’s Stephanie Hegarty found when she spoke to some Nigerians who have just returned home.

Read more at: https://www.vanguardngr.com/2018/01/20-us-sold-1000-dinars-735-uwumarogie-libya-returnee/

The European Union is working with Libyan coastguards to reduce the number of migrants crossing the Mediterranean Sea. But many of those intercepted end up in detention centres in Libya, where some migrants say they are used as slaves, as the BBC’s Stephanie Hegarty found when she spoke to some Nigerians who have just returned home.

Read more at: https://www.vanguardngr.com/2018/01/20-us-sold-1000-dinars-735-uwumarogie-libya-returnee/

The European Union is working with Libyan coastguards to reduce the number of migrants crossing the Mediterranean Sea. But many of those intercepted end up in detention centres in Libya, where some migrants say they are used as slaves, as the BBC’s Stephanie Hegarty found when she spoke to some Nigerians who have just returned home.

Read more at: https://www.vanguardngr.com/2018/01/20-us-sold-1000-dinars-735-uwumarogie-libya-returnee/

Increasing Rate of Maternal Deaths in Uganda

At all times giving birth is known to bring great joy, however getting pregnant and expecting to give birth while in Uganda has gradually become a death sentence. Maternal deaths in Uganda has stopped making news. Almost everyday social media is flooded with lamentations of how a woman lost a battle while giving another human life. Giving birth is not a disease and women should not die while giving birth.

I inclined  to believe that there is a "curse of personal gynaecologist in Uganda," because of the new trend of women seeking for "personal gynaecologist". The fact that there are few health workers as compared to the general population, very few women can access medical attention.  In most cases women fear for their lives and resort to what seems the best option. Unfortunately many have lost their lives because this "personal gynacologist" is probably attending to another patient in a different hospital.

With the shortage of medical personnel especially doctors who are expected to work 24/7, health circumstances are getting worse every day in Uganda.
It is also very unfortunate that the law markers are busy discussing less important issues like removing presidential age limit.
Recommendations to Uganda government
1. Priotise maternal health by providing medicine and ambulances.
2.Invest more in education of health workers. Offer more scholarships for medical courses.
3. Motivate health workers by increasing their salaries.
4. Build homes for health workers especially midwives near hospital.

#maternalhealth
#maternaldeath
#Ugandagovernment
#mortalityrate
#agelimit
#birth
#gynaecologist
#midwives
#health

Who is killing women in Entebbe?

"Another woman raped, murdered," has been become the official headline for most media stations in Uganda. Many social media channels have also been awash with bad news of murders of young women in Wakiso district, mainly Entebbe.  

In only three months, 19 women have killed in Entebbe and the last victim's body was found in Nansana. Today the number has reached 20 but unfortunately little has been done about to stop the vice from escalating. 

This is a violation of not only women's rights but also human rights. Why is the public blaming only female legislators for not doing something? This is everyone's problem and the public needs to task government to give it protection.

According to a story published in the Daily Monitor, five days ago the crime forced Inspector General of Police Kale Kayihura and Security Minister Henry Tumukunde, to camp in the area but this did not stop the vice.

Considering the fact the State House is located in Entebbe and it is supposedly known to be the most secure area, who is this person who doesn't fear security and goes a head to kill  people?

According to a Daily Monitor story, "The latest information from the police, according to the Force’s spokesperson, Mr Asan Kasingye, is that 12 of the victims have been classified as cases of sexual assault, four cases of domestic violence, one was killed by two brothers in what the police have classified as a revenge killing, and the rest seemed to be ritual murders."

The questions remain, who is killing young women, why are they targeting women? is it because they are the weaker sex? and why are they sexually assaulted before being killed? is it a way of creating fear? why are the murders concentrated in one area, an area known for its tight security? what can be done to stop the vice? when will the police catch the serial murderer?

#women #violenceagainstwomen #entebbemurders #ritualmurders #ugandapolice

Poor Ugandans have a Right to Health

In response to a story that was published yesterday, 9th May 2017, in the Daily Monitor, one of Uganda's news papers, the article entitled, "Government to stop giving drugs to health centers," is  heart breaker, it left my heart shattered. At a time when the Government should be rolling out the national insurance scheme or affordable health care for everyone, we instead get sad news.

This  is a confirmation that the Uganda government is slowly specialising in the violation of human rights, most especially the right to health. I am using the term "violation of rights" because the Constitution of Uganda requires the State to endeavour to fulfill the fundamental rights of all Ugandans to social justice and economic development and in particular, ensure that all Ugandans enjoy rights and opportunities and access to education, health services, clean and safe water, work, decent shelter, adequate clothing, food security and pension and retirement benefits.[2] 

It is arguable that by not providing drugs, the government is not endeavouring that citizens enjoy the right to health as stipulated in the Constitution, it is therefore violating the law. It is very unfortunate that this whole process of freezing drug supply is only going to affect the poor Ugandans and will result in more deaths. Most rich people can afford going to private hospitals and getting first class health care or even travel abroad (USA, UK, Kenya and India) as it has become a norm but where will the poor Ugandan go?

"Drugs such as paracetamol (panadol) and morphine, a narcotic pain reliever and anti-inflammatory agent, Hepatitis B vaccines as well as surgical items such as gloves and cotton gauze and mama kits will not be provided at all health centres II, III and IV across the country."

Uganda was progressively reducing the number of maternal deaths from 16 to 13 but unfortunately a few months from now, that might be history. In 2015, the World Bank observed that Uganda recorded up to 343 deaths per every 100 000 live births. These deaths are due to severe bleeding, infection, hypertensive disorders and obstructed labour. Some are also due to pregnancy related diseases such as malaria, diabetes, anemia and hepatitis.[1]

Let me assert that 13 women die daily while giving birth. There are two notable cases; in 2009, Sylvia Nalubowa died while in labour in Mityana district in Uganda because she could not provide enough maternity kit. In 2010, Jennifer Anguko died under similar situation at Arua regional hospital. These are two of the many women who die every day because they cannot get medical attention for lack of maternity kits. How many more does the Uganda need to register before it can litigate the right to health?

Constitution of Uganda

It is arguable that the Constitution of Uganda does not specifically assign a section to the right to health but through other sub-sections requires the State to take all practical measures to ensure the provision of basic medical services to the population, promote a good water management system at all levels and take appropriate steps to encourage people to grow and store adequate food; establish national food reserves and encourage and promote proper nutrition through mass education and other appropriate means in order to build a healthy State.

The right to health under International law

The World Health Organisation (WHO) Constitution defines the right to health as "the enjoyment of the highest attainable standard of health," and enumerates some principles of this right as healthy child development; equitable dissemination of medical knowledge and its benefits; and government-provided social measures to ensure adequate health.[3]

It is submitted that the right to health is a fundamental human right and therefore guaranteed by international law through treaties. Uganda has ratified most of the treaties which promote the right to health under regional and international law and is therefore obliged to respect, protect and fulfill human rights and fundamental freedoms of individuals or groups. 

It is observed that the human right to health is recognized in numerous international instruments. The Universal Declaration of Human Rights (Article 25, paragraph 1) affirms that, “Everyone has the right to a standard of living adequate for the health of himself and of his family, including food, clothing, housing and medical care and necessary social services.”[4]

It is argued that the right to health as explained in the International Covenant of Economic, Social and Cultural Right (ICESCR) provides the highest comprehensive standard on the right to health and is in most cases considered as the universal minimum standard of the right to health to which all individuals are entitled. Article 12.1 of the ICESCR provides for everyone’s right to enjoy the highest attainable standard of physical and mental health'. [5]

It is observed that in August 2000, the United Nations General Comment 14 further clarified these core obligations of the state in regard to health.[6] It interprets the right to health "as an inclusive right extending not only to timely and appropriate health care but also to the underlying determinants of health, such as access to safe and potable water and adequate sanitation, an adequate supply of safe food, nutrition and housing, healthy occupational and environmental conditions, and access to health-related education and information, including on sexual and reproductive health".[7]

The right to health is recognised in so many other international legal instruments such the Convention on the Rights of Persons with Disabilities,[8] in article11, paragraph 1(f), and article 12 of the Convention on the Elimination of All Forms of Discrimination Against Women,[9] the right to health is recognised in article 5, paragraph (e) (iv) of the International Convention on the Elimination of All Forms of Racial Discrimination,[10] in article 24 of the Convention on the Rights of the Child[11] and Responsibilities of states and international organizations. 

Similarly, the right to health has been proclaimed by the Commission on Human Rights in its resolution 1989/11, as well as in the Vienna Declaration and Programme of Action[12] and other international instruments.

The right health is also acknowledged in the regional legal instruments; Article 16 of the African Charter for Human and People’s rights provides every individual the right to enjoy the best attainable state of physical and mental health. It adds that States Parties shall take all the necessary measures to protect the health of their populations and to ensure that they receive medical attention when they need it.

Conclusion

It is under rare circumstance that rich people will go to health center II and III for medical care. This is a refuge for those Ugandans who don't have medical insurance, those who cannot earn a dollar a day. Even the poor Ugandan has the right to health. Whatever happened to funds allocated for these drugs, we don't want to know, all we want is distribution of drugs.

Sources

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[1]Michael Addaney, "Uganda: Why the Constitutional Court should rule on the right to health," AfricLaw

https://africlaw.com/2016/06/03/uganda-why-the-constitutional-court-should-rule-on-the-right-to-health/

[2] Constitution of Uganda 1995 http://www.ulii.org/node/23824

[3] Constitution of the World Health Organisation (Geneva 1948) http://apps.who.int/gb/bd/PDF/bd47/EN/constitution-en.pdf

[4] Universal Declaration of Human Rights

[5] International Covenant of Economic, Social and Cultural Rights Article 12

[6] General Comment No. 14 (2000): The right to the highest attainable standard of health (art. 12 of the International Covenant on Economic, Social and Cultural Rights (Pg 128)

[7] L Reynolds, L London, D Sanders, “Right to Health Campaign in South Africa” People's Health Movement. (Health Systems Trust 2017) http://www.hst.org.za/news/right-health-campaign-south-africa

[8] Convention on the Rights of Persons with Disabilities

[9] Convention on the Elimination of All Forms of Discrimination Against Women (Article11& 12) 1979

[10] International Convention on the Elimination of All Forms of Racial Discrimination 1965

[11] Convention on the Rights of the Child (1989)

[12] Vienna Declaration and Programme of Action’ (12 July 1993) UN Doc  A/CONF.157/23 art 5

National Budget allocation for the health sector is a plus for health sector CSOs

Last year, we saw a swarm of health sector civil society organizations working busy like bees to ensure that government increases budget allocation for the health sector. On 8th June 2016, the famous bible scripture (   "Ask and it will be given to you; seek and you will find; knock and the door will be opened to you) worked out. As a health advocate i commend the government of Uganda for listening to the public out cry for better health services and gave us some more.

The health sector budget has this year been increased from 1.227trillion (FY 2015/16) to 1.828 trillion (FY 2016/17) giving a nominal increase of 607.55 billion shillings (approximately 50% increase). The 50% increment to the health sector budget is a commendable step towards availability of health services to the citizens of this country. Major increments have been reflected in Ministry of Health vote (505.56bn), Uganda cancer Institute (25.67bn) and National Medical Stores (10bn) to offset currency depreciation in drug procurement, district primary health care (30.86bn), and regional referral hospitals (19.86bn), and Mulago Complex(7.04bn). The 10bn additional allocation to National Medical Stores to offset currency depreciation in drug procurement means that the net allocation for drugs procurement is 00 billion Uganda shillings this financial year.

While reading the budget, the Minister of Finance noted that, " in the next financial year, focus will be placed on accelerating interventions to improve availability of healthcare workers at health centers, enhancing maternal, new born and child health in order too reduce the high number of deaths. Government will also continue to prioritize implementation of the National Prevention Strategy of HIV/AIDS and also expand Anti Retroviral Treatment (ART) coverage to 80%, with an emphasis on testing and treatment of the 'most at risk' population, and elimination of Mother to child Transmission".

We need to supporting people living with HIV to embrace modern family planning methods. Some of the beneficiaries of National insurance system are the people living with HIV for example, most health insurance companies apart from Jubilee Insurance Company do not cover for HIV testing. We are also talked about the implementation of the AIDS Trust Fund and how it will help in funding for HIV related services.

Ugandan farmers call on United Nations to sever ties with Bidco Africa

Lake Victoria farmers cite Bidco land-grabbing, environmental destruction and human rights violations

The Bugala Farmers Association has called on the United Nations Development Programme (UNDP) to sever its ties with Bidco Africa, a Kenya-based edible oil producer accused of land-grabbing, human rights violations and environmental disasters in Uganda, Kenya and Tanzania. Over 100 farmers lost their land to Bidco when, in partnership with the local government, the company deforested more than 7,500 hectares (18,500 acres) of rain forest and smallholder farms on Bugala Island on Lake Victoria to make way for one of the largest palm oil plantations in Africa.  In a petition delivered to the UNDP Kampala office on 28 January, the Bugala Farmers Association called on the UNDP to investigate the organisation’s recent announcement that Business Call to Action (BCtA), a UNDP offshoot, concluded an agreement with Bidco Africa. “For those who know the real business practices of Bidco Africa and its CEO Vimal Shah, the embrace by BCtA of Bidco Africa is a tragedy for smallholder farmers and a major stain on the reputation of UNDP,” the petition says. The petition cites Bidco Africa’s failure to comply with court orders to compensate the farmers for their land; the company’s labour practices in Uganda, Tanzania and Kenya; alleged tax evasion in Kenya; and the deforestation of land for its palm oil production in Uganda. The deforestation has become so bad that the World Bank, originally a sponsor of the project, had to withdraw its support. “The Bugala Farmers Association calls on UNDP and its senior leadership to examine the morally questionable association of such a distinguished U.N. organisation with such a blatant violator of human rights that is Bidco Africa,” the petition says. “The evidence of Bidco Africa’s poor business practices is well documented, and UNDP must immediately disassociate itself with such a company.” The petition continues: “Bidco Africa, which claims to adhere to the U.N. Global Compact, is in fact in violation of all U.N. Global Compact principals, from human rights to protection of the environment. Against the backdrop of such repeated violations, the UNDP/BCtA’s partnership with Bidco Africa is a violation of UNDP’s core mission and principals.” When the farmers presented their petition at the UNDP office in Kampala, security officers blocked them at the compound gate and confiscated video filmed by accompanying media. UNDP officials refused to meet the farmers, and suggested that the petition – which is addressed to UNDP Administrator Helen Clark – could only be delivered at the organisation’s headquarters in New York City. Only after a four-hour wait was the petition officially received by a UNDP receptionist in Kampala. In addition to Administrator Clark, the petition is addressed to Peter Liria, Chief Ethics Officer, Director of the Ethics Office; Abdoulaye Mar Dieye, Director Regional Bureau for Africa; and Mila Rosenthal, Director of Communications; among others. The UNDP has not responded to the farmers’ petition since it was presented on 28 January.

Understanding Uganda’s Election results 2016.

Dr Kiggundu announced results of 26,223 PS (polling stations) and leaving out 1,787 polling stations.

With 15,277,198 registered voters, a PS has on average 545 voters.

1,787 PS on average have 974,664 registered voters with an assumption that this number can go up or down depending on which districts are affected most. (Kampala has 1,338 with only 1,014,294 voters so u can see what I mean).

The left out voters constitute a 6.4% of the registered voters that if am to borrow Kiggundu’s statement (Giving this number to Besigye wouldn’t affect the winner), adding the 6.4% to KB would bring his percentage to averagely 42% and bringing Museveni‘s to 53%.

Now here is the trick that comes with numbers.

If I really want to have a serious effect on those numbers, I only take out districts and polling stations that can give KB a serious margin. It’s at this point that I want you to look at the most affected districts in eliminated PSs.

Jinja only reported 11 out 399 PS leaving 388 PSs out

Rukungiri only reported 3 out of 276 PS leaving out 273

Kyenjojo only reported 60 out of 337 PS leaving out 277

Kampala left out 162, Kabale left out 190, Wakiso left out 119.

Jinja, Kampala, Wakiso and Kabale and high populous district that can project eliminated voters to be of significance and also believed to give opposition strength to bring down the 60% to a below 55% at a fair level.

Questions.

1.Why did Kiggundu’s commission leave out these PSs? 
2.Was it a strategic move to keep the NRM house happy that they won with a high percentage by eliminating those PSs where KB is believed to have performed good?

3.Were they trying to catch up with NRM opinion polls of a 70%?

4.Who is to blame for this level of incompetence at the district level?

"From Dr Kiggundu’s released results, we shall explore all angles; all corners from those few numbers till we get the answers we so much desire.Which districts had the highest percentage increase in registered voters since 2011?"

Amudat had the highest increase with a 72% (21,039 in Y11 and 36,203 in Y16) and this district submitted in all its PS( polling stations). In this District Museveni had a whopping 279% increase in his votes from 6,658 in Y11 to 25,262 in Y16. The closest contender Besigye lost ground to this district he won in 2011 from 13,262 votes in Y11 to a paltry 521 votes (yes u read that right 521 votes) in Y16, contributing to a 96% decline in that district.

Buvuma came in second with 44% increase in registered voters yet even this district, Museveni won it and he had a 75% increase in his votes compared to those of Y11. Yes even the inaccessible Buvuma submitted in all its PSs to EC in time.

This pattern continues for 15 districts in ascending order with the highest number of increased registered voters and all these 15, Museveni won them. The Likes of Kyegwegwa (43%), Buhweju (38%) Kole (33%), Kibaale (32%) Apac (32%) plus some more, and in all these 15 leading districts (in the %ge number of registered voters) Museveni won in all of them.

The irony with the above districts all submitted in their PSs or at least they were left with 1 or 2 PSs.

Museveni won in all of the above districts with a resounding victory and this is the case with the top 15 districts which had a higher percentage increase in registered voters.

One thing with numbers, they speak a lot, and the patterns can be found with further scrutiny. Are these patterns a well-orchestrated plan to make these districts have a higher number increase in registered voters who can favor Museveni in tallies or is it a mere coincidence?

Was it a well thought strategy, that in the above 7 districts, 4 of them (Amudat, Apac, Buvuma Kibaale, 2 of which are in national parks) are marked hard to access for most of their villages, which gives an upper hand to change results and also a hard time for opposition to man up the results? Or it’s just a coincidence.

#UgandaElcetoralCommission #UgandaElectionResults #UgandaDecides  #Museveni #Besigye #Amama #Uganda2016 #Uganda  #PearlOfAfrica #USA