Kenya has been put on the spot for either backtracking or disregarding several regional and international policies seeking to protect migrants.
A report released today on Free and Safe Migration in East Africa reveals that the government, for instance, is reluctant to implement crucial regional protocols aimed at accelerating economic growth and development.
The report by African Center for Migration and Society in collaboration with Open Society Foundations notes that strict work restrictions for migrants including crackdown on illegal migrants have increased irregular migration.
It discloses that work restrictions through limitations such as access to work permits by foreign nationals looking for employment have 'increased irregular migration' for migrants in the country instead of controlling them.
"This trend has to be reversed through a constructive dialogue on migration, work and the economy. Kenya has been lax in factoring voluntary migrants into its internal development policies and frameworks," reads part of the 121-page report.
Kenya signed the East African Community’s Common Market Protocol of 2010 allowing free movement of goods, labor, capital and services with its partner states such as Tanzania, Uganda, Rwanda and Burundi.
The survey was conducted from January through face-to-face interviews. The respondents were government officials, refugees, irregular migrants and regional representatives from Kenya, Tanzania, Uganda, and Rwanda.
Present during the report’s launch were Immigration Department’s senior assistant director Dan Opon, Open Society Initiative for East Africa executive director Mburu Gitu and the Africa Centre on Migration Society co-founder Nassim Majidi.
"For the region to thrive, people and goods will have to move more freely and more safely. Skilled professionals such as lawyers, doctors, accountants, architects and engineers will have to work across borders and develop working guidelines," Gitu said.
Kenya is also on the spotlight for neither ratifying nor implementing the Common Market for Eastern and Southern Africa (COMESA) protocol seeking to speed up economic growth and development among member states.
This is through citizens being given the right to establish residence in partner states and allowing free movement of services and capital.
"Kenya has no internal legislative framework that factors the development impact of migrants in the country. Two policies that would address this are still in draft form," reads the report.
The policies are the Kenya Draft National Migration Policy of 2009 and the Kenya Draft National Labor Migration aiming at managing labor migration for the benefit of migrants and their families.
The policy on labor migration also seeks to provide the latest labor market information on development of human resource policies and strategies.
"The impact of having these policies only in draft form was evidenced by research findings of Tanzanian labor migrants in Nairobi having to travel to the border every three months to renew their passports, and police harassment of EAC economic migrants in Garissa," the report reads.
Opon, however, confirmed that the Immigration department is developing a National Migration Policy in opening up the country for migrants in promoting regional integration.
He added that work permits have been already classified to encourage free movement of people and labor within the region.
"The department is modernizing the processing and issuance of visas, passes and permits for foreign investors who are keen on exploring business opportunities available in the Big Four Agenda and other sectors in the economy," Opon said.
He, however, decried the delayed harmonisation of immigration practices and policies within EAC, and limited capacity that has derailed implementation of relevant the resolutions.