Migration and Trade Agreements

Abstract

For a long time, Kenya has grappled with news of violation of the labour rights of its citizens working in UAE owing to various factors key being unfavourable labour laws and practices. In an effort to curb these violations, Kenya has undertaken various policy and legislative measures aimed at promoting the labour standards of its citizens working in UAE. This includes effecting temporary ban on various employment agencies with links to UAE, enacting the Diaspora Policy among other important steps. The thesis therefore interrogates these measures with the aim of exposing their weaknesses in effectively protecting the labour rights of Kenyan migrant workers in UAE. Despite the fact that both Kenya and the UAE have laws in place governing the employment relationships, when it comes to migrant workers, the law is not adequate and its weak enforcement is what principally leads to widespread abuse of migrant workers' labour rights in UAE. Further, the ILO has not been effective in developing adequate measures to address the issue of Kenyan migrants in UAE. Being cognizant of the fact that there is no comprehensive system at the international level governing labour migration, the thesis evaluates the importance of integrating trade with migration in achieving the critical social obligation of enhancing the interests of Kenyan migrant workers in UAE.