Policy Brief: Addressing documentation and modern slavery risks in Kenya – Key recommendations and best practices

Published: 30/Oct/2024
Source: United Nations University Centre for Policy Research (UNU-CPR) and the Freedom Fund

By Heaven Crawley, Linda Ouchoi and Angharad Smith

Introduction

There is growing recognition that people who lack official documentation are often unable to access their basic rights and entitlements, contributing to a myriad of complex challenges including social stigma, economic marginalization and lack of political representation and legal protection. There is also extensive evidence on the impacts of modern slavery on those being exploited and survivors. Little is known, however, about whether, and if so how, a lack of official documentation can increase modern slavery risks.

Between October 2023 and September 2024, the United Nations University Centre for Policy Research, supported by the Freedom Fund, conducted a mixed-method research project to explore the relationship between the lack of documentation and increased risks of modern slavery. The project focused on Brazil, Kenya and Nepal, with the aim of understanding how a lack of access to official documentation can increase modern slavery risks and identifying practical solutions for national and local policymakers and civil society organizations. The findings of the research were published as a global evidence review and final report entitled NO IDENTITY, NO PROTECTION: How lack of documentation drives modern slavery.

This policy brief distils key findings from the Kenya case study, offering actionable insights for those working to protect vulnerable groups. In Kenya, we found evidence that the lack of official documentation severely restricts access to rights, services and protections, thereby increasing the risks of modern slavery. Despite recent Government efforts to enhance birth registration rates and national ID issuance, significant documentation gaps persist, particularly among vulnerable populations such as nomadic groups, orphans and individuals in remote areas.

Many nationals lack documentation from birth, making them susceptible to modern slavery conditions from a young age. Migrants within Kenya often lack the proper documentation needed for safe and fair working conditions, while nationals seeking employment abroad frequently have their documents confiscated, leading to exploitation. Displaced persons often experience delays in the Refugee Status Determination (RSD) process, leaving them in prolonged uncertainty. The risks and experiences of modern slavery vary across these subgroups, highlighting the need for targeted interventions.

Download: https://collections.unu.edu/view/UNU:9967

Themes: Birth Registration, ID Documents and Passports, Statelessness
Regions: Kenya
Year: 2024