Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Migration for Employment Convention (Revised), 1949 (No. 97) - Kenya (Ratification: 1965)

1.  The Committee notes that, given the high rate of unemployment, the Government is implementing a new policy facilitating migration of Kenyans abroad and, since 1999, the Directorate of Personnel Management of the Office of the President has been involved actively in identifying and advertising employment opportunities abroad for the qualified Kenyans interested and forwarding applications to the employers concerned. In the framework of this new strategy, about 50 Kenyan teachers have emigrated to the Seychelles. In parallel with the new strategy, the issuance of work permits to foreigners has been restricted to specific technical areas where skills are lacking or not available in Kenya. The Committee also notes that the Government is in process of negotiating with the United Republic of Tanzania and Uganda agreements on migration in the subregion in the framework of the East-African Cooperation Treaty. It recalls that in its 1999 General Survey on migrant workers, it noted that international migration for employment had undergone significant changes in extent, direction and nature since the adoption of the Convention (see paragraphs 5-17 of the General Survey). It would be grateful if the Government would supply information on the content and application of its national policy and legislation on emigration and immigration in view of new migratory flow trends, as well as specific information, such as statistics.

2.  The Committee also asks the Government to supply information on the practical application of its policy of equality of treatment between national workers and migrant workers in the matters enumerated in Articles 6(a), (b), (c) and (d) of the Convention. Recalling that under paragraph 1 of this Article, any State which has ratified the Convention undertakes to apply, without discrimination in regard to nationality, race, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the matters listed in subparagraphs (a) to (d) of the Article, the Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that female migrant workers are treated on the same equal footing as their male counterparts, foreigner or other, in regard to their living conditions and conditions of work, social security, employment-linked taxes and access to legal proceedings - in view of the growing feminization of migrant workers (see paragraphs 20-23 and 658 of the 1999 Committee of Experts General Survey on migrant workers).

3.  Article 8.  This provision is one of those most frequently mentioned by governments as raising difficulties of application when the General Survey was conducted (paragraphs 600-608 of the survey). The Committee therefore requests the Government to supply information on the practical application of maintenance of right of residence in the event of unfitness for employment of migrant workers admitted on a permanent basis.