Labor Protection in the Gulf Countries: A Comparative Analysis of Kenyan Governmental Dilemmas in Saudi Arabia and the United Arab Emirates

In recent years, the Kenyan government has increasingly developed labor export policies to secure employment for its nationals in the Gulf countries. Between 100,000-300,000 Kenyan migrants-mostly unskilled laborers-are represented in the Gulf countries' population, and this number is expected to grow given the high demand for inexpensive foreign workers in the Gulf countries. Kenya's labor export policies facilitate important economic strategies that enable the government to address the Gulf countries' labor shortages, while easing the growing unemployment problems in Kenya. However, the Kenyan government has not formed a comprehensive protection policy nor developed bilateral labor arrangements and institutional/diplomatic capacity to safeguard Kenyans from labor violations and exploitation. This paper examines the Kenyan government's complex role in and its challenges with protecting its nationals in the Gulf countries, while analyzing the emerging contemporary migration flow between Kenya and the Gulf countries, mainly in Saudi Arabia and the United Arab Emirates. We argue that the power asymmetry between the Kenyan and Gulf governments directly affects bilateral migration policymaking, particularly labor protection and migrant welfare. This paper further asserts that macro-factors-the Gulf countries' bilateral trade with Kenya, humanitarian aid assistance as "soft-power", and open immigration systems-have constrained the Kenyan government's ability to protect its nationals in the host countries. Major Findings  The Kenyan government has not developed a comprehensive labor protection strategy (i.e. absence of bilateral labor agreement, labor/welfare offices, orientation campaigns) to protect their nationals from labor exploitation.  The Kenyan government finds it difficult to protect the labor rights of its nationals in the Gulf countries due to a perceived fear that Gulf countries would cut trade, rescind humanitarian aid, and limit immigration with Kenya.  The Kenyan government's regulations have remained ineffective (as indicated by massive corruption, ineffective policing of unethical recruiters, illegal labor deployment, and the growth of labor violations and exploitations, specifically among domestic workers), making Kenyans vulnerable in the Gulf countries.  The Kenyan government continues to aggressively pursue higher deployment rates, particularly youth workers, despite the absence of labor cooperation.  Kenya's labor export policy will continue to be a long-term feature of Kenya's foreign labor policy, as it offers significant economic opportunities, like remittances, and helps to reduce the Kenya's unemployment problems. Recommendations  The Kenyan government should consider a Task Force Committee to review the labor governance issues faced by its nationals-including but not limited to corruption, unethical recruitment, dispute resolutions, human traffickingwhich undermine the government's capacity and authority.  The Kenyan government should examine and adopt some of the Asian laborsending countries' labor governance strategies and institutions (i.e. bilateral labor agreements, labor/welfare offices, contract verification, migration orientation services) to enforce and safeguard workers' rights.  The Kenyan government should develop a strong migrant database and research system to inform Kenya's labor migration policymaking process.