A section of Ugandans employed by the embassy of South Sudan in Uganda have petitioned both the Foreign Affairs and the East African Affairs ministries over discriminatory practices by their employers.
The petitioners claim the violations have made the working environment at both the embassy’s offices and official residence of the ambassador “toxic.”
Their plight first came to light in December when the non-profit organisation, Legal Brains Trust (LBT) petitioned the Permanent Secretary in the Foreign Affairs ministry. LBT implored the ministry to formally take up the matter of their clients’ maltreatment at the hands of embassy officials.
The December 22, 2021 letter accused some bosses at the embassy of subjecting one of the Ugandan employees— Cornella Aceng Nyeko—to unimaginable horrors.
“Since 2015, Aceng has been a victim of discrimination on the basis of her nationality, subjected to degrading treatment and unproven accusations of leaking sensitive information from the South Sudan embassy, which treatment contravenes both domestic law and the treaty for the establishment of the East African Community (EAC),” the letter reads in part.
Our attempts to reach the head of Mission, Ambassador Simon Duku Michael; the Acting Deputy Head of Mission and Minister Plenipotentiary, Robert Ringring; and the Charge ’de Affairs, Florence Gabriel Wani were unsuccessful. We understands both Duku and Ringring are away in Juba.
LBT contends that the treatment violates basic workers’ rights protection against unlawful discrimination and unfair treatment. Several Ugandans employed by the embassy— who preferred not to be named—told our reporter that their employers have been operating in breach of international labour laws. This, they added, has resulted in a number of summary dismissals.
A house help and a cook at the official residence of the ambassador are also said to have thrown in the towel amid complaints of harassment. Both complained about violations of their rights, including nonpayment of salaries and wages as well as not honouring the right to leave.
Non-payment of salaries
Sources at the embassy told Saturday Monitor that the South Sudan Ministry of Foreign Affairs and International Cooperation owes them more than 14 months in salary arrears, something that was alluded to in the December 22, 2021 letter from LBT.
“Like all [ Cornella Aceng’s] colleagues in the local staff bracket, our client has been denied pay for nearly two years now,” the letter read in part.
There are, however, conflicting reports around the outstanding salary arrears. Another source claimed that the payments have been coming in a staggered way. The aforesaid source claims that in 2019 local staff members were only paid salaries for January and February. The next payment is said to have come in June 2020. In 2021, salaries for a 10-month period spanning from January to October were footed.
Another source at the embassy attributed the intermittent pay to disruptions caused by the South Sudan economy following the outbreak in July 2016 of fighting between forces loyal to the President Salva Kiir and Vice President Riek Machar.
Denial of leave
Some of the affected persons revealed that whereas workers are under both the Employment Act of Uganda and other internationally recognised labour laws entitled to paid leave and rest breaks, the embassy’s administration had since slapped a moratorium on the same. That decision was announced in an internal memo.
“You are hereby officially informed that the embassy of the Republic of South Sudan, Kampala Office, would like to inform all local staff that from today, Monday 21st February 2022, there will be no leave or permission until further notice,” the memo, signed by Florence Gabriel Wani, an administrator at the embassy, reads in part.
Under international labour laws, workers must have a statutory minimum number of paid leave days. The reason for this is to give employees a chance to recharge their physical and mental capabilities and remain fully productive. Under the same laws, employees are also entitled to rest days.
Whereas leave practices differ from one employer to another, the laws of Uganda recognise different types of leave. These include annual leave, maternity leave, paternity leave, sick leave, study leave and rest days on public holidays.
Wani confirmed sending out the memo that put a moratorium on leave days for local staff. She, however, could neither explain the circumstances under which the decision was reached nor discuss the legal implications of her actions.
Govt reacts
On February 17, Legal Brains Trust (LBT) wrote to the First Deputy Prime Minister and Minister for East African Affairs, Rebecca Kadaga, accusing the Ministry of Foreign Affairs of not having done anything to address the complaints levelled against officials at South Sudan’s embassy in Kampala.
“Our client has been a victim of discrimination and a toxic work environment. She has brought this to the Under Secretary of the Ministry of Foreign Affairs and International Cooperation, Republic of South Sudan through the Permanent Secretary of the Ministry of Foreign Affairs, to no response,” the letter read in part.
The Permanent Secretary in the Ministry of Foreign Affairs, Vincent Bagiire, said any accusations of inaction have little or no substance.
“These people are diplomats. They have immunities, so I cannot sit here and I posture that we are reprimanding them in such and such a manner. I can’t say that this is what he has done and so on,” Bagiire said, adding, “In diplomacy it is like naming and shaming. Matters are handled in a diplomatic setting and mostly amicably; otherwise it can cause a serious row between countries.”
Last September, parliament directed the Prime Minister to constitute an inter-ministerial committee to find a lasting solution to the insecurity faced by Ugandans in South Sudan. This followed a wave of ambushes in which truck drivers, traders, a health specialist and nuns lost their lives. The House is yet to receive a report on the matter.