A Unified Approach to Labour Migration in Kenya

On 30th October 2024, the Federation of Kenya Employers (FKE) with the support of the International Labour Organization (ILO) BRMM Programme organized a validation w/shop to validate Enhancing Labour Migration Governance in Kenya: Assessing Employers' Role and Identifying Gaps in Migrant Worker Support report. The report provide a comprehensive examination of the role of employers in labour migration and identifies gaps while proposing actionable solutions. The report was validated in the presence of Kenya tripartite partners and sister Employers organization from various countries including, Ethiopia and Uganda. .

The report analyzed the legal and policy frameworks governing labour migration at the international, regional, and national levels. It highlights gaps in enforcement and outlines recommendations to strengthen these frameworks to protect the rights of migrant workers. It also examines Kenya’s labour migration trends, focusing on the socio-economic factors driving emigration and immigration and their implications on key sectors. The finding stress the need for robust governance mechanisms to address these dynamics effectively.

Employers are a central focus of the report, which delves into their roles and responsibilities in facilitating fair and ethical labour migration. While employers play a crucial part in integrating migrant workers into the labour market, the study identifies challenges such as weak enforcement of recruitment regulations and insufficient support systems for migrant workers.

One of the report’s significant findings is the fragmented regulatory environment in Kenya, which complicates efforts to advocate for cohesive labour migration policies. Despite existing initiatives to promote fair recruitment, enforcement remains inadequate, allowing loopholes that lead to worker exploitation. Resource constraints faced by Employers and Business Membership Organizations (EBMOs) further limit their ability to implement extensive advocacy and support programs, particularly in rural and underserved areas. These challenges underscore the need for targeted interventions to improve labour migration governance.

The report offers several recommendations to address the identified gaps. It emphasizes the importance of advocacy by EBMOs to influence national policies and promote responsible recruitment practices. Capacity-building initiatives for employers and recruitment agencies are proposed to enhance compliance with ethical standards and labour laws. The report also advocates for the establishment of a code of conduct for recruitment agencies, improved social protection measures for migrant workers, and increased collaboration between stakeholders to tackle issues such as unregulated migration and insufficient support for workers.

During the validation workshop, stakeholders expressed their commitment to implementing the report’s recommendations. They highlighted the urgent need for a unified approach to labour migration governance, with FKE playing a pivotal role in leading reforms. Participants also emphasized the importance of addressing gender-specific challenges in migration and ensuring that policies are inclusive and equitable. The workshop reinforced a collective resolve to uphold workers’ rights, ensure ethical recruitment practices, and align national efforts with global standards, setting a transformative direction for labour migration in the country.