In the last decade, Middle Eastern countries have attracted many migrant workers seeking employment opportunities, especially from Kenya. Kenya has been an important trade network for Gulf countries since the pre-colonial era. The demand for low skilled workers in the Gulf countries has seen the recruitment of people in the hospitality industry, domestic and construction workers. The Kenyan Senate Standing Committee on Labour and Social Welfare reports that around 80,000 Kenyan workers are in Saudi Arabia and 60,000 in the United Arab Emirates (UAE), a majority being domestic workers. In 2022, Saudi Arabia was the third-largest source of remittances to Kenya, indicating a growing trend of Kenyan migration to the Gulf region.
Approximately 14 per cent (which represents 24.1 million of the global migrant workers) are hosted in 12 Arab States of the Middle East. Kenyan workers are part of this number, migrating in the hope of finding decent work with better pay due to limited employment opportunities at home. With this high numbers of international migrants, various employment standards such as freedom from forced labour, safe and healthy work conditions, freedom from discrimination are set by the International Labour Organization (ILO). Despite this, Kenyan domestic workers in the Middle East report poor working conditions. This includes long working periods of up to 60 hours a week against the minimum set of 48 hours per week by ILO, harassment, sexual exploitation, violence, inadequate response to distress cases, and restricted communication. They also earn low wages, with the average domestic worker in Qatar earning US$ 206 against a minimum set of US$ 275 by Qatar Law No. 17 of 2020. As a result of the violation of labour practices by employers, Kenyan workers in the Middle East have experienced psychological torment, bodily harm, document confiscation, and even in extreme cases loss of lives. In a 2021 Kenya Parliamentary report, the Kenya recorded 93 lost lives for the past 3 years from Kenyans working in the Middle East, which occurred mostly in Saudi Arabia, Qatar, and the UAE. Most of these cases were due to mistreatment and abuse by employers as reported by survivors.
Kenya’s Foreign Policy 2014 and Diaspora Policy 2014 are the main guiding framework between Kenya and foreign nations on issues diplomatic, trade and labour. By not fully implementing these policies has contributed to the plight of Kenyan domestic workers in the Middle East.
In 2014, following the deaths of Kenyan workers and emerging issues of widespread abuses, the government suspended the export of workers to the Middle East. This resulted into revoking of licenses of 930 recruitment agencies involved in the trade, and the government started the vetting process of these agencies afresh. As a result, the agencies had to adhere to strict measures set by Government, such as a physical office and submitting of quarterly reports to the government on their overseas migrants. The ban was reversed in 2017 with the signing of labour agreements with UAE, Qatar and Saudi Arabia set to look at wage, travel and identity documents protection and access to complaint mechanism. In 2022, the government created a State Department for Diaspora Affairs to investigate issues of Kenyans in the diaspora, and set to champion their welfare abroad.
Policy Gaps
Failure to adhere and enforce the Labour Migration Policy continues to put at risk thousands of Kenyan migrant workers in the Middle East open to abuse, torture, and loss of lives. The Kenyan Parliament through the Labour and Social Welfare Committee observed insufficient laws and regulations to protect the welfare of Kenyan migrants. This includes the passing of the Labour Migration Management Bill, which is at its draft stage. In 2022, the Committee recommended a temporary halt to labour migration to the Gulf until the issues are resolved. However, the focus has been on improving the recruitment and processing system, rather than addressing the problematic conditions faced by migrant workers. This include the controversial Kafala system that binds workers immigration status to an individual employer during the contract period.
The Ministry of Foreign and Diaspora Affairs suggested a temporary ban on recruiting and exporting domestic workers to Saudi Arabia in 2022. However, the Ministry of Labour rejected the advisory, stating that the local job market could not accommodate all new workers. This shows minimal coordination between two State departments on immigrant issues.
For years, the gap has been identified as the weak link between the government and recruitment agencies over the exodus of domestic workers. This is because of loopholes in the existing labour laws in the country. As at March 2023, the National Employment Authority had 922 registered agencies that deal with the recruitment of workers for foreign countries. However, 65 per cent have active license while 35 per cent have expired licenses (Figure 1).
Figure 1: Registered recruitment agencies in Kenya 2023
Data Source: National Employment Authority (2023)
Conclusion and recommendations
Measures that can be taken to ensure the protection of Kenyan domestic workers in the Middle East are:
- Policy Review: The Ministry of Foreign and Diaspora Affair to review the Foreign Policy 2014 and the Diaspora Policy 2014 and fully implement them. Since the launch of the policies, circumstances and issues have changed globally which requires these policies to be reviewed to match the global needs. The review will ensure maximization of the diaspora potential, enhance their involvement in national development process and safeguard their protection. Fast tracking the passing of the Labour Migration Management Bill will ensure the country has adequate legal framework to tackle labour migration issues.
- Strengthening Government collaborations: Ministry of Foreign and Diaspora Affairs and Ministry of Labor to closely work together including other state agencies. The Ministry of Labor to follow up on implementation of the Kenya and Saudi Arabia, UAE and Qatar Bilateral labour agreement adopted and other agreements with various countries meant to secure the interests of domestic workers and employers.
- Fast-track use of Technology: To improve the existing national labour market information system that will help track the location and status of Kenyan workers in the middle east and other foreign countries. The Ministry of ICT to work with the Ministry of Foreign Affairs to execute this.
By Meshack Omega and Elizabeth Mang’eni, KIPPRA Young Professionals
