Impact of Recruitment Process in Promoting Right Based Overseas Employment: a Case of Kenya Private Recruitment Agencies

Abstract

With key focus on assessing the impact of recruitment process in promoting right based overseas employment: a case of Kenya private recruitment agencies, the study sought to, examine the existing gaps in the recruitment process that jeopardize the rights of Kenyan migrant workers. Assess the measures GoK (Government of Kenya) has taken to regulate the operations of PRA’s in promoting the rights of Kenyan migrant workers and analyze the impacts of unethical foreign recruitment on Kenyan migrant workers. The study used a mixed method research design to allow the researcher to collect data, summarize it, present it, and analyze it for clarifying purposes. The employment of a mixed approach, or a combination of qualitative and quantitative methodologies, ensured that all experiences or associations are fully represented. Furthermore, a mixed method approach assured the validity of inferences drawn while also encouraging a diversity of viewpoints on the same events. The study found that several gaps exist in Kenya that prevents ethical recruitment practices by the private recruitment agencies. For instance, the high prevalence of corruption in the Kenyan government has created loopholes that allow the survival of illegal and unregistered recruitment agencies. These agencies recruit Kenyans using fraudulent and unlawful means, leading to the exploitation of Kenyan migrant workers. These illegal recruitment practices have prevailed despite the creation of the NEA that regulates recruitment agencies. Similarly, there is little transparency during the recruitment process, especially when the contracts are drafted in Arabic, hence leading to the substitution of contracts and other forms of exploitation. Also, Kenyans seeking jobs in the Gulf region are forced to pay high agency fees and end up being underpaid by their employers. Another challenge is the highly coordinated network of human trafficking that has prevailed in Kenya for years. Many Kenyan youths are trafficked to the Arab world, where they are sexually abused and exploited. Thus, to ensure ethical practices in foreign recruitment, all these gaps must be closed. The government of Kenya and the destination governments must formulate policies and regulations to protect migrant Kenyans abroad from dishonest agencies and exploitative employees. Several examples of abuse and human trafficking have been reported as a result of mass labor migration, according to the study. As a result, Kenya's government has taken steps to solve these issues, including regulating private recruitment agencies and implementing bilateral labor agreements (BLAs) with destination nations. In Kenya, all PRAs must be approved and accredited by the Ministry of Labor and Social Protection through the National Employment Agency (NEA). Despite these measures, unethical recruitment techniques continue to exist in Kenya, posing a hurdle to foreign recruitment. Unethical recruitment practices that Kenyan migrant workers experience include improper documentation, charging exorbitant agency fees, and deception on the nature and conditions of the jobs. These practices expose them to the problems of human trafficking and smuggling by their foreign employees. The impacts on the origin and destination countries are mixed. For instance, the positive impacts include increased remittances to the home country and economic development in the destination countries. On the contrary, unethical recruitment can interfere with the diplomatic relationship between Kenya and the destination countries. This is due to the challenges Kenyans face in the destination countries.