Abstract
African countries account for a greater percentage of domestic workers who migrate to the Middle East in search of greener economic pastures. Interestingly, Human Rights Watch (HRW) recently observed that most of the unskilled workers are often exploited and abused. This is reflected in wages deduction, violation of contractual agreements and degrading treatments. Women labourers also report sexual assault. In worst cases, the workers are ferried back in caskets to their countries of origin. Some workers have also been reported to disappear ‘miraculously’, in the said countries. This paper suggests that someone must be held accountable. Ironically, the government of Kenya has been playing the ‘innocent lamb’ role while the Middle East countries play Pharaoh’s role and walks scot free. Victims have always been vulnerably left at the middle. Through pressure exerted by local and international civil societies, Kenya in June 2012 banned emigration of domestic worker to Middle East. Nonetheless, in November 2013 this policy ban was lifted. In 2014, the government revoked some 930 licenses of recruiting agencies. Though a move towards the right direction, significantly, domestic abuse has remained unshaken. The International Labour Organisation Declarations on Fundamental Principles and Rights at Work adopted in 1998 provides a positive duty for all member states to respect and promote worker’s rights in respect of employment. Yet, in implementation we limp. In Kenya for instance, the Employment Act of 2007 does not provide for mechanisms to compensate migrants who suffer from abuse in their host countries. In short, nationally and internationally, we lack a legal framework to protect migrant workers. It is time to take the bull by its horns through signing bilateral agreements on migrant workers. Suffice to say that, in absence of bilateral agreements with host states, African workers shall remain slaves of their ‘godfathers’. The time is ripe for us to revise and supplement our national as well as international labour laws to protect migrant workers. With the outrageous human rights violation on African migrant workers, who do we blame?