Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - Kenya (Ratification: 1979)

Article 14(a) of the Convention. For some years, the Committee has been drawing the Government's attention to the need to ensure in law and in practice the application of this provision, which authorises restrictions on the free choice of employment only during an initial period of residence not exceeding two years; at the end of that period migrant workers should have the free choice of employment. In its last report, the Government again indicates that the free choice of employment of migrant workers depends on the Government's discretion in the framework of its localisation policy. Since this approach to the free choice of employment of migrant workers is in conflict with the Convention, the Committee once again requests the Government to take appropriate measures to ensure that the legislation and national practice give full effect to the Convention on this point. It also requests the Government to report any progress accomplished in this respect.