A new bill making its way through Parliament seeks to overhaul the country's foreign employment system, promising tighter regulations and enhanced protections for Kenyan workers seeking opportunities abroad, particularly in popular destinations like Saudi Arabia and Qatar.
For years, stories of Kenyan migrant workers facing exploitation and abuse in these countries have sparked outrage and calls for government intervention. The Labour Migration Management Bill, introduced in September, aims to address these concerns head-on, targeting private employment agencies, strengthening pre-departure preparations, and establishing a more robust support system for Kenyans working overseas.
At the heart of the bill lies a focus on regulating private employment agencies, the intermediaries connecting Kenyan job seekers with employers abroad. The proposed legislation mandates stricter registration requirements, including proof of financial stability, experience in human resource management, and a security bond to cover potential repatriation costs or worker entitlements in case of employer default.
This crackdown on potentially exploitative agencies seeks to address a key vulnerability faced by many Kenyans seeking work abroad. The bill further mandates agencies to provide transparent employment contracts at least two weeks before departure, ensuring alignment with Kenyan law and any existing bilateral agreements with destination countries.
This stipulation primarily targets nations like Saudi Arabia, Qatar, Lebanon, and Jordan, which have been flagged for poor treatment of migrant workers. Although Saudi Arabia remains a popular destination for Kenyan domestic workers, concerns about systemic abuse and insufficient legal protections have made headlines.
Critics have long highlighted the harsh realities faced by Kenyans working in the Gulf. Reports detailing passport confiscation, wage theft, and even physical abuse paint a bleak picture. While Saudi Arabia has made some reforms, its commitment to fully ratifying key international labour conventions remains in question, leaving workers vulnerable. Similarly, Qatar has faced scrutiny for its labour practices, especially after hosting the 2022 World Cup. Despite some progress, the Kafala system's loopholes continue to expose migrant workers to exploitation.
The bill doesn't stop at agency regulation; it also aims to empower workers themselves through mandatory pre-departure orientation programs. These programs, covering crucial aspects like contract management, cultural awareness, destination country laws, and financial literacy, will equip Kenyans with the knowledge and tools to navigate their rights and responsibilities in unfamiliar environments.
Recognising that information alone isn't sufficient protection, the bill proposes the establishment of labour attachés stationed in Kenyan embassies within key destination countries. These officials will act as advocates for Kenyan workers, actively seeking employment opportunities, verifying job orders, monitoring working conditions, and providing crucial support to those facing challenges.
This multi-pronged approach seeks to address both the systemic issues within the recruitment process and the on-the-ground realities faced by Kenyan workers once abroad. By regulating agencies, empowering workers, and establishing a dedicated support network, the bill aims to create a safer and fairer environment for Kenyans pursuing opportunities outside their homeland.
However, the bill's potential impact on migration to countries like Saudi Arabia and Qatar remains to be seen. While some provisions, like stricter agency regulations, might lead to a decrease in exploitative practices, others, like the power to restrict migration to countries with poor worker treatment records, could significantly impact the flow of Kenyans seeking jobs in these nations.
The bill's success hinges not only on its provisions but also on its effective implementation and enforcement. The government's commitment to allocating adequate resources to regulatory bodies and labor attachés will be crucial in ensuring the bill's intended impact on protecting Kenyan migrant workers.
The bill is currently under consideration by the Senate's Standing Committee on Labour and Social Welfare, which is actively seeking public feedback before presenting its report on October 18, 2024. The committee's deliberations and the public's response will play a crucial role in shaping the final version of this potentially groundbreaking legislation.
