Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - Kenya (Ratification: 1979)

The Committee notes the Government's statement that, in view of the very large influx of refugees into the country, combined with the serious unemployment problem, which also affects university graduates, the question of free choice of employment for migrant workers will have to depend on the discretion of the Government, in accordance with the declared localization policy. As a result, migrant workers, depending on their level of skills and experience, will normally not be allowed to take up jobs which could easily be done by nationals.

The Committee recalls once again that, under the terms of Article 10 of the Convention, a national policy designed to promote and to guarantee equality of opportunity and treatment in respect of employment and occupation, social security, trade union and cultural rights and individual and collective freedoms must be declared and pursued for migrant workers or members of their families who are lawfully within the territory of the State which has ratified the Convention. By virtue of Article 12(d), any administrative instructions or practices which are inconsistent with the policy of equality of opportunity and treatment set out above have to be modified.

However, the Committee notes that the Government recognizes in its latest report that it is now necessary to take into account Article 14(a) of the Convention, which permits States which have ratified the Convention to make the free choice of employment of migrant workers subject to the conditions that the migrant worker has resided lawfully in its territory for the purpose of employment for a prescribed period not exceeding two years. The Committee hopes that the Government will re-examine the national policy on migrant workers in the light of Articles 10 and 12 of the Convention and that it will be able to indicate in the near future the measures which have been taken or are envisaged to bring national law and practice into conformity with the Convention.