Effectiveness of Labour Recruitment Regulation for the Protection of Human Rights for the Kenyan Migrant Domestic Workers

Grace Njambi Kimani; Weldon Ng’eno

doi:doi:10.11648/j.jppa.20230702.17

| Peer-Reviewed

Effectiveness of Labour Recruitment Regulation for the Protection of Human Rights for the Kenyan Migrant Domestic Workers

Grace Njambi Kimani, Weldon Ng’eno

Published in Journal of Public Policy and Administration (Volume 7, Issue 2)

Received: 22 May 2023 Accepted: 7 June 2023 Published: 21 June 2023

Views: Downloads:

Download PDF

Share This Article

Twitter
Linked In
Facebook

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 SDGs 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. 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 Authority (NEA), Ministry of Foreign and Diaspora Affairs (MFA) and Ministry of Labour (MoL). Key Informant interview guides and self-administered questionnaires were used to collect the research data and analysis done by Statistical Package for the Social Sciences (SPSS). 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.

Published in	Journal of Public Policy and Administration (Volume 7, Issue 2)
DOI	10.11648/j.jppa.20230702.17
Page(s)	88-97
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2023. Published by Science Publishing Group

Keywords

Human Rights, Immigrant Domestic Workers, Forced Labour, Labour Migration, Recruitment Agencies

References

[1]	Abella, M. (2004). The Role of Recruiters in Labour Migration. In International Migration (pp. 201-211).
[2]	African Union Commission. (2017). Africa Migration Report. Addis Ababa, Ethiopia: The African Union Commission.
[3]	African Union Commission. (2019). Report on Labour Migration Statistica in Africa Second Edition (2019). Addis Ababa, Ethiopia: African Union Commission.
[4]	Andrees, B., Nasri, A., & Swiniarski, P. (2015). Regulating labour recruitment to prevent human trafficking and to foster fair migration: Models, challenges and opportunities. Geneva, Switzerland: International Labour Organisation.
[5]	Atong, K., Mayah, E., & Odigie, A. (2018). Africa Labour Migration to the GCC States: The Case of Ghana, Kenya, Nigeria and Uganda. African Trade Union.
[6]	Baruch, Y., & Holtom, B. C. (2008). Survey Response Rate Levels and Trends in Organizational Research. Scientific Research publishing, 61, 1139-1160. doi:https://doi.org/10.1177/0018726708094863
[7]	Betts, A. (2011). Global Migration Governance. UK: Oxford university press.
[8]	Boerger, L. (2016, December 18). Neoclassical Economics. Retrieved from exploring-economics.org: https://www.exploring-economics.org/en/orientation/neoclassical-economics/
[9]	Cernadas, P. C., LeVoy, M., & Keith, L. (2015). Human Rights Indicators for Migrants and their Families. Global Knowledge Partnership on Migration and Development.
[10]	European University Institute. (2020). Dual Labour Market Theory and World Systems Theory. Retrieved from futurelearn: https://www.futurelearn.com/info/courses/migration-theories/0/steps/35080#:~:text=According%20to%20dual%20labour%20market,a%20permanent%20supply%20of%20labour.&text=The%20secondary%20labour%20market%20is%20filled%20with%20migrant%20workers.
[11]	Farbenblum, B. (2016). Governance of Migrant Worker Recruitment: A Rights-Based Framework for Countries of Origin. Asian Journal of International Law, 1 (01), 1-33. doi: 10.1017/S2044251316000011.
[12]	Global Alliance Against Traffic in Women. (2019). CDTD, Kenya: Empowering Domestic Workers through Community Advocacy and Domestic Training Services. Bangkok: GAATW International Secretariat.
[13]	Gordon, J. (2014). Global Labour Recruitment in a Supply Chain Context. Geneva.
[14]	Government of Kenya (GoK). (2010). The Constitution of Kenya. Nairobi: Government printers.
[15]	Hirsch, E. (2007). Dual Labor Market Theory: A Sociological Critique. Sociological Inquiry, 133-145. doi:http://dx.doi.org/10.1111/j.1475-682X.1980.tb00381.x
[16]	ILO. (1998, 2010). ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up. International Labour Conference at its Eighty-sixth Session. Geneva: United Nations.
[17]	ILO. (2009). The cost of coersion. Genava: International Labour Office.
[18]	ILO. (2010). International Labour Migration - A Rights-Based Approach. Geneva: International Labour Office.
[19]	ILO. (2013). Domestic workers across the world: Global and regional statistics and the extent of legal protection. Geneva: International Labour Office.
[20]	ILO. (2021). ILO Global Estimates on International Migrant Workers – Results and Methodology – Third edition. Geneva: International Labour Office.
[21]	IOM. (2008). Labour-Migration-Infosheet-2008: IOM and Labour Migration. Geneva: International Organization for Migration.
[22]	IOM. (2020). World Migration Report. Geneva: International Organisation for Migration.
[23]	Karlsson, E. (2012). Migrant Workers as Subjects of Human Rights. Faculty of Law Lund Univeristy, 52.
[24]	Kenton, W. (2020, September 24). Neoclassical Economics. Retrieved from investopedia.com: https://www.investopedia.com/terms/n/neoclassical.asp#:~:text=Neoclassical%20economics%20is%20a%20broad,earlier%20theories%20of%20classical%20economics.
[25]	Kenya, Ministry of Foreign and Diapora Affairs. (2014). Kenya Diaspora policy. Nairobi: Government Printers.
[26]	Kenya, Ministry of Labour and Social Protection. (2016). National Employment Authority Act. Nairobi: Government printers.
[27]	Klimczuk A, M. K. (2016). Dual Labour Market. The Wiley-Blackwell Encyclopedia of Gender and Sexuality Studies, 1-3. doi:http://dx.doi.org/10.1002/9781118663219.wbegss529
[28]	Launov, A. (2004). An Alternative Approach to Testing Dual Labour Market Theory. Bonn: Institute for the Study of Labour.
[29]	Martin, S. (2005). The legal and normative framework of international migration. Institute for the Study of International Migration, 1-41.
[30]	Nassaji, H. (2015). Qualitative and Descriptive Research: Data Type versus Data Analysis. Language Teaching Research. Scientific research, 19, 129-132. doi:https://doi.org/10.1177/1362168815572747
[31]	United Nations. (2017). International Migration Report 2017. New York: United Nations.
[32]	Weintraub, R. (2002). Neoclassical Economics. The Concise Encyclopedia of Economics.

Cite This Article

Plain Text BibTeX RIS

APA Style

Grace Njambi Kimani, Weldon Ng’eno. (2023). Effectiveness of Labour Recruitment Regulation for the Protection of Human Rights for the Kenyan Migrant Domestic Workers. Journal of Public Policy and Administration, 7(2), 88-97. https://doi.org/10.11648/j.jppa.20230702.17

Copy | Download

ACS Style

Grace Njambi Kimani; Weldon Ng’eno. Effectiveness of Labour Recruitment Regulation for the Protection of Human Rights for the Kenyan Migrant Domestic Workers. J. Public Policy Adm. 2023, 7(2), 88-97. doi: 10.11648/j.jppa.20230702.17

Copy | Download

AMA Style

Grace Njambi Kimani, Weldon Ng’eno. Effectiveness of Labour Recruitment Regulation for the Protection of Human Rights for the Kenyan Migrant Domestic Workers. J Public Policy Adm. 2023;7(2):88-97. doi: 10.11648/j.jppa.20230702.17

Copy | Download

@article{10.11648/j.jppa.20230702.17,
  author = {Grace Njambi Kimani and Weldon Ng’eno},
  title = {Effectiveness of Labour Recruitment Regulation for the Protection of Human Rights for the Kenyan Migrant Domestic Workers},
  journal = {Journal of Public Policy and Administration},
  volume = {7},
  number = {2},
  pages = {88-97},
  doi = {10.11648/j.jppa.20230702.17},
  url = {https://doi.org/10.11648/j.jppa.20230702.17},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.jppa.20230702.17},
  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 SDGs 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. 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 Authority (NEA), Ministry of Foreign and Diaspora Affairs (MFA) and Ministry of Labour (MoL). Key Informant interview guides and self-administered questionnaires were used to collect the research data and analysis done by Statistical Package for the Social Sciences (SPSS). 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.},
 year = {2023}
}

Copy | Download

TY  - JOUR
T1  - Effectiveness of Labour Recruitment Regulation for the Protection of Human Rights for the Kenyan Migrant Domestic Workers
AU  - Grace Njambi Kimani
AU  - Weldon Ng’eno
Y1  - 2023/06/21
PY  - 2023
N1  - https://doi.org/10.11648/j.jppa.20230702.17
DO  - 10.11648/j.jppa.20230702.17
T2  - Journal of Public Policy and Administration
JF  - Journal of Public Policy and Administration
JO  - Journal of Public Policy and Administration
SP  - 88
EP  - 97
PB  - Science Publishing Group
SN  - 2640-2696
UR  - https://doi.org/10.11648/j.jppa.20230702.17
AB  - 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 SDGs 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. 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 Authority (NEA), Ministry of Foreign and Diaspora Affairs (MFA) and Ministry of Labour (MoL). Key Informant interview guides and self-administered questionnaires were used to collect the research data and analysis done by Statistical Package for the Social Sciences (SPSS). 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.
VL  - 7
IS  - 2
ER  -

Copy | Download

Author Information

Grace Njambi Kimani

Department of Public Policy and Administration, Kenyatta University, Nairobi, Kenya
Weldon Ng’eno

Department of Public Policy and Administration, Kenyatta University, Nairobi, Kenya

Download PDF

Sections

Plain Text BibTeX RIS

APA Style

Grace Njambi Kimani, Weldon Ng’eno. (2023). Effectiveness of Labour Recruitment Regulation for the Protection of Human Rights for the Kenyan Migrant Domestic Workers. Journal of Public Policy and Administration, 7(2), 88-97. https://doi.org/10.11648/j.jppa.20230702.17

Copy | Download

ACS Style

Grace Njambi Kimani; Weldon Ng’eno. Effectiveness of Labour Recruitment Regulation for the Protection of Human Rights for the Kenyan Migrant Domestic Workers. J. Public Policy Adm. 2023, 7(2), 88-97. doi: 10.11648/j.jppa.20230702.17

Copy | Download

AMA Style

Grace Njambi Kimani, Weldon Ng’eno. Effectiveness of Labour Recruitment Regulation for the Protection of Human Rights for the Kenyan Migrant Domestic Workers. J Public Policy Adm. 2023;7(2):88-97. doi: 10.11648/j.jppa.20230702.17

Copy | Download

@article{10.11648/j.jppa.20230702.17,
  author = {Grace Njambi Kimani and Weldon Ng’eno},
  title = {Effectiveness of Labour Recruitment Regulation for the Protection of Human Rights for the Kenyan Migrant Domestic Workers},
  journal = {Journal of Public Policy and Administration},
  volume = {7},
  number = {2},
  pages = {88-97},
  doi = {10.11648/j.jppa.20230702.17},
  url = {https://doi.org/10.11648/j.jppa.20230702.17},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.jppa.20230702.17},
  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 SDGs 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. 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 Authority (NEA), Ministry of Foreign and Diaspora Affairs (MFA) and Ministry of Labour (MoL). Key Informant interview guides and self-administered questionnaires were used to collect the research data and analysis done by Statistical Package for the Social Sciences (SPSS). 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.},
 year = {2023}
}

Copy | Download

TY  - JOUR
T1  - Effectiveness of Labour Recruitment Regulation for the Protection of Human Rights for the Kenyan Migrant Domestic Workers
AU  - Grace Njambi Kimani
AU  - Weldon Ng’eno
Y1  - 2023/06/21
PY  - 2023
N1  - https://doi.org/10.11648/j.jppa.20230702.17
DO  - 10.11648/j.jppa.20230702.17
T2  - Journal of Public Policy and Administration
JF  - Journal of Public Policy and Administration
JO  - Journal of Public Policy and Administration
SP  - 88
EP  - 97
PB  - Science Publishing Group
SN  - 2640-2696
UR  - https://doi.org/10.11648/j.jppa.20230702.17
AB  - 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 SDGs 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. 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 Authority (NEA), Ministry of Foreign and Diaspora Affairs (MFA) and Ministry of Labour (MoL). Key Informant interview guides and self-administered questionnaires were used to collect the research data and analysis done by Statistical Package for the Social Sciences (SPSS). 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.
VL  - 7
IS  - 2
ER  -

Copy | Download