Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Articles 10, 12(d) and 14(a) of the Convention. National policy on equality of opportunity and treatment and free choice of employment. The Committee recalls its previous observation in which it raised concerns about the existence of a policy of “Kenyanization” of employment referred to by the Government. The Committee considered that such a policy was contrary to the principle established by the Convention of equality of opportunity and treatment between national and foreign workers provided that the latter are residing lawfully in the country of employment. The Committee notes the Government’s statement that the “Kenyanization” policy, which was initiated after independence in 1963 and aimed at correcting the existing racial imbalance in the various sectors of employment, was dissolved in 1981 after having achieved its objectives. The Committee is aware that Parliament passed a number of employment-related bills in October 2007, including the new Employment Act. The Committee recalls that according to Article 12(d) of the Convention, any provisions or administrative practices incompatible with the policy of equality of treatment and opportunity must be amended. The Committee hopes that the new employment legislation will reflect the principle of the Convention concerning equality of opportunity and treatment between migrant workers and nationals with respect to access to employment. It asks the Government to specify the legislative and policy measures that have been taken to bring its national policy and practice into conformity with the Convention and to ensure that migrant workers who are lawfully in the country enjoy equality of treatment with nationals regarding free choice of employment in accordance with Articles 10 and 14(a) of the Convention.

The Committee is raising other points in a request addressed directly to the Government.