Uganda High Court Upholds Refugee Right to Work Without Separate Permits

Uganda, a nation that hosts nearly two million refugees, has seen a significant legal development clarifying the employment rights of its refugee population. Previously, while the 2006 Refugees Act theoretically granted refugees the right to work, immigration officials often required separate work permits under a different act, leading to arrests and legal confusion.

A landmark High Court decision on July 10th, in the case of Kasajja Brian versus Attorney General and Inter-Aid Uganda, has now settled this ambiguity. The court ruled that any recognized refugee holding a valid Refugee Identity Card can work in Uganda without the need for a separate work permit. This ruling effectively prevents arrests or prosecutions based solely on the lack of such a permit for individuals with established refugee status.

The judgment is grounded in the constitution’s guarantee of livelihood regardless of nationality, the Refugees Act’s provision for “gainful employment” for recognized refugees, and the 1951 Refugee Convention’s call for favorable treatment. The court reasoned that the legislature’s grant of employment rights to refugees supersedes the standard immigration permit requirements.

This ruling places Uganda among the more liberal interpretations of refugee employment rights in the region, contrasting with some other nations where asylum seekers may face additional hurdles. Legal experts from TASLAF Advocates have indicated that employers can now hire recognized refugees with a valid Refugee Identity Card, provided they verify its authenticity and comply with non-discrimination laws. However, they caution that the government could potentially challenge this ruling, and it does not explicitly cover asylum seekers still awaiting a decision on their status.

The court also clarified that refugees are not to be considered “migrant workers” under the Employment (Amendment) Act, as their primary reason for being in Uganda is seeking protection, not employment. This distinction helps shield them from protectionist measures aimed at foreign workers generally and aligns with a broader continental trend towards more inclusive employment policies for refugees and host communities.

While the ruling is a significant step forward, its full implementation will depend on effective enforcement by immigration authorities. It offers a clearer path for recognized refugees to achieve self-reliance through employment and for employers willing to hire them, though uncertainty may persist for asylum seekers.

Source: https://www.monitor.co.ug/uganda/business/markets/why-should-refugees-lose-the-right-to-earn-a-living—5556300