Effectiveness of Labour Recruitment Regulation for the Protection of Human Rights for the Kenyan Migrant Domestic Workers
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Date
2023-09
Authors
Kimani, Grace Njambi
Journal Title
Journal ISSN
Volume Title
Publisher
Kenyatta University
Abstract
Labour migration is a trend that has gained a lot of traction with the increased relations and interdependence between nations at all levels. In a similar manner, there is an increment in cases of abuse of the basic rights of migrant workers. In extreme cases, abuses amount to trafficking in persons, forced or compulsory labour among other human rights violations that even lead to death continues to be registered amongst migrant workers. As this occurs, loopholes exist in labour laws, failing to address gaps within the responsibilities of recruitment agencies and employers and as such provide space for abuse and forced labour for the migrant workers. Labour mobility remains an integral part of the intercountry cooperation and exchange of goods and services all that are building blocks towards accomplishment of Sustainable Development Goals and the Agenda 2030. Therefore, it is very timely and beneficial to establish gaps in the labour regulation process, such as within the labour legislation, registration, licensing, and monitoring process, identify enforcement challenges, and the government interventions necessary for the labour recruitment in safeguarding the human rights of the migrant workers, especially in a time where Kenyans are migrating a lot for work. This study determined how statutory requirement influence the effectiveness of the labour recruitment regulations in protection of Kenyan migrant domestic workers. It further assessed the efficiency of enforcement of labour recruitment regulations and determined the extent to which coordination in government agencies influences the labour recruitment regulations in the protection of human rights of Kenyans worker abroad. Neoclassical economics and the dual labour market (DLM) theories guided this study. Descriptive and inferential research methodologies were used. A target population of 153 people was drawn from the National Employment Agency (NEA), Ministry of Foreign Affairs (MFA) and Ministry of Labour (MoL). Census sampling technique was used. Self-administered questionnaires and a key informant interview guide were used to acquire the necessary study information. The analysis was done using the Statistical Package for Social Scientists (SPSS) from which descriptive data was composed of percentages, frequencies, means and standard deviation. The researcher acquired research permit from National Commission for Science and Technology (NACOSTI). It upheld ensured for informed consent, voluntary participation, anonymity, confidentiality, and results in communication. The study found out that that there was a positive significant and strong linear relationship between statutory requirements and upholding human rights of Kenyan migrant domestic workers. It was evident that the inter-ministerial and inter organisational coordination is very weak and there is policy incoherence and thus there is inefficiencies in the regulation of labour recruitment process. Additionally, the labour regulation enforcement process remains very important factor in safeguarding and upholding the human rights of Kenyan migrant worker. In conclusion, there is a need for a comprehensive approach that recognizes the rights of all workers and promotes their social and economic empowerment. The study therefore recommended strengthening Labour Recruitment Regulations protection of human rights for the Kenyan migrant domestic workers.
Description
A Research Project Report Submitted to the School of Law, Arts and Social Sciences in Partial Fulfilment of the Requirements for the Award of the Degree of Master of Arts in Public Policy and Administration of Kenyatta University, September 2023.
Keywords
Labour Recruitment Regulation, Protection of Human Rights, Kenyan Migrant Domestic Workers