Nature of Human Trafficking to Saudi Arabia from Murang’ a South Sub-County, Kenya ()
1. Introduction
Established from a global perspective, human trafficking is one of the most well-established criminal activities [1]. The criminal outfit has been in existence in the modern civilization through sophisticated criminal organizations that operate in blatant disregard of international human rights and freedoms entrenched in the United Nations charter for human rights. The criminal organizations are projected to have at least 2.45 million people across the globe who are trafficked and work in dehumanizing conditions [2]. Through such processes, the human trafficking criminal enterprise is believed to generate over one billion dollars annually across the world [3]. An increase, as well as an anticipated increase in numbers of cases on illegal trade in human beings, has increased and captured the concerns of the international community, nations and human rights organizations as a grave concern. While it’s difficult to ascertain actual figures of human trafficking across the world largely due to illegal nature of the operations; the UNODC on human trafficking estimates that over 137 countries are affected by human trafficking for example Kenya, Ethiopia, South Africa and Saudi Arabia, [3]. Nonetheless, through the collaborations of government institutions and international agencies, the number of people trafficked yearly ranges from 600,000 to 2 million around the world [1].
Human trafficking is a major concern in Africa. When it comes to trafficking victims, Africa is a key source of origin for those who end up in Western Europe and the Middle East [4]. Researchers estimate that at any given moment, 3.7 million people are enslaved or compelled to work for a profit, with the area earning $13.1 billion a year from this practice alone. Victims often have personal connections to the human traffickers they are being exploited by. Of the African traffickers, 50 percent are women, shattering the misconception that it is an all-male profession [5]. It has also been established that organised criminal gangs are involved, which elevates the level of sophistication and danger associated with the trafficking operation. Evidently, human trafficking is pervasive and chronic throughout Africa, and its effects on security and social order are crucial.
Kenya has been identified as a location of origin, transit, and destination for victims of forced labour and sex trafficking who are victims of human trafficking. As reported by the IOM, Kenyan internal trafficking is primarily motivated by domestic servitude and sexual exploitation, whereas cross-border trafficking is motivated by forced labour, domestic servitude, and sexual exploitation [6]. The Middle East is a popular destination for Kenyans seeking work, and many are exploited in domestic servitude, massage parlours, brothels, and other forms of forced physical labour [7]. Kenyan refugee camps have seen an upsurge in the number of people vulnerable to trafficking, smuggling, and other forms of abuse. In Kenya, the cities of Nairobi, the coast, and western Kenya are well-known hotbeds of human trafficking.
1.1. Statement of the Problem
The status of victims of human trafficking is frequently exacerbated by immigration legislation and administrative practises that consider them as criminals to be imprisoned and deported. Trafficking thrives on the vast profits it generates and the climate of fear that persuades many victims they have no option but to submit to servitude and abuse [8]. In a statement released by the Ministry of Foreign Affairs, diaspora directorate in June 2019 specifically, the diaspora directorate received two bodies of Kenyans suspected to be victims of human trafficking from Saudi Arabia [4].
The illegal trade in persons is rumoured to generate enormous profits for the traffickers. Consequently, human trafficking is still one of the world’s most lucrative illegal sectors, trailing drugs and arms trafficking [9]. Countries have implemented numerous intervention techniques to combat human trafficking, albeit not without obstacles. Numerous policies, legislation, and international institutions are designed to combat human trafficking. There are various of laws and rules in place to stop slavery and human trafficking, such as the Counter-trafficking in Persons Act, the National Plan of Action to Combat Human Trafficking, and the guidelines on National Referral Mechanism, a variety of measures have been taken to protect victims and foster international collaboration but human trafficking still pervades thus the need to analyse the nature of human trafficking to Saudi Arabia from Murang’a South Sub-County.
1.2. Objective of the Study
The objective of the study was to analyse the nature of human trafficking to Saudi Arabia from Murang’a South Sub-County
1.3. Research Question
What is the nature of human trafficking to Saudi Arabia from Murang’a South Sub-County?
1.4. Justification of the Study
1.4.1. Policy Justification
Trafficking of human beings is part of organised crime, which poses a serious threat to the public and the economy [10]. Kenya’s foreign policy framework plays an imperative role in regulation of both legal and illegal immigrations around the country. The shortcomings of the policy are what criminal organizations and especially human traffickers exploit to keep this inhumane business profitable. The research findings therefore, will help law enforcement agencies plan and establish policies for criminal justice administration.
1.4.2. Academic Justification
Robust policy frameworks that are generated through academic research and well-studied phenomenon’s in the operations of the society. The Kenya’s foreign policy is no different in relations to its effectiveness in handling human trafficking in the country. Therefore, this study seeks to explore the literature and academic gaps that may exist while sorting to filling them. Scholars in this field will also benefit from the information generated from this research as information will be readily available on the subject matter.
2. Human Trafficking to Saudi Arabia
According to Odhiambo et al [11] in their article “Kenya Constitution, Child Trafficking as Security Threat.” Says that:
“Kenya is a source, transit, and destination country for men, women, and children trafficked for forced labor and sexual exploitation; children are trafficked within the country for domestic servitude, street vending, agricultural labor, and sexual exploitation; men, women, and girls are trafficked to the Middle East, other African nations, Western Europe, and North America for domestic servitude, enslavement in massage parlors and brothels, and manual labor”.
Human trafficking is thought to be one of the most lucrative criminal operations worldwide, second only to the trafficking of drugs and firearms and producing billions of dollars annually for sophisticated criminal organisations. It is estimated that at least 2.45 million people around the world are forced to work in situations that are demeaning, dehumanising, and dangerous [12]. Furthermore, the numbers are expected to climb in the future. No one knows if this rise is due to better methods of investigation, detection, and reporting, or if it is the consequence of an increase in the number of crimes of this nature occurring around the world as a whole.
Trafficking has devastating effects on people and the community as a whole. Victims are subjected to physical and psychological harm, as well as psychological and emotional distress, as well as the economic and political costs of continuing criminal activity. This is clearly harmful and unacceptable for both people and society as a whole. Individuals as well as political, economic, and social systems can be affected by human trafficking. A crime against persons, human trafficking is felt most acutely by those who have been trafficked. Despite the fact that human trafficking is a worldwide problem that transcends national borders, its effects are felt most keenly in the communities in which it occurs. Human trafficking has an impact on more than 130 countries.
Saudi Arabia is among the top ten nations where individuals seek to immigrate in quest of employment. Its prominence is owed in part to the country’s thriving economy and the fact that it is an Islamic state. The Hajj pilgrimage presents a unique problem for the Kingdom of Saudi Arabia in terms of migration, smuggling, and human trafficking. Every year, according to Ksnawi, a large number of pilgrims fail to return to their home countries and remain in South Africa illegally in search of work.
South Africa is one of the countries that employs the greatest number of foreigners for “domestic work.” As a result of the fact that most immigrants lack basic skills, they are at risk of being pushed into servitude, deprived of salaries, and compelled to work for up to 15 hours a day. They can be sexually and physically assaulted, and their legal documents are routinely withheld by the “Kafeel” or sponsor, preventing them from travelling. Many of these domestic employees are compelled to labour in settings that promote slavery, debt slavery, and sex slavery, as well. In addition, immigrants must get an exit visa before they may leave the country, and this might be difficult to achieve without their employer’s approval.
Due to the lack of general labour protections in South Africa, this problem is exacerbated. Recently, South Africa was placed in the group of states whose governments do not fully comply with the TVPA’s minimal standards, but are making considerable efforts to do so. The 2005 Saudi Labor Law is used in circumstances where an employee is engaged under a contract of apprenticeship, in the government, in charitable organisations, and public institutions.
In other words, employees of family-owned businesses, domestic staff, and agricultural labourers are exempt from the terms of the 2005 Saudi Labour Law. It also clarifies international employment, wage protection, contracts of employment and the responsibilities of employees as well as working hours; nevertheless, it leaves out slavery and other forms of forced labour from its purview. The KSA Trafficking Law 2009, a piece of criminal legislation, shows the government’s commitment to combating this problem. Several international NGOs say that South Africa is home to a sizable population of male, female, and child forced labourers. The government deported over 400,000 foreign workers from South Africa by November 2013. Among these employees were many victims of human trafficking. This result was reached using international statistics because the South African government lacks its own statistical records.
Many irregular immigrants were transported or smuggled into the region, or they were observed to go freely and then unlawfully reside in South Africa. Despite the adoption of the SA Trafficking Law in 2009, there were no accurate statistics on the number of convictions throughout these years until 2015. There has been a substantial increase in the reporting of human trafficking, from 11 incidents in 2011 to 52 cases and 68 criminal convictions in 2013, with 23 of those convictions being for forced labour offences. Beginning to emerge is the human trafficking and forced labour scenario in South Africa. In addition, according to the 2015 report trafficking in persons, the government investigated 725 suspected of human trafficking between April and December of 2014, which represents a significant improvement over previous time periods.
3. Conceptual Framework
Wasike and Odhiambo [13] discuss the role of theories in guiding the thrust of academic studies. They emphasise the importance of theories in offering compelling and incisive causal explanations with calculated precision. They buttress their argument by quoting Smith [14] who asserts that theories play the role of predicting, prescribing and evaluating socio-political phenomena hence they cannot be ignored.
3.1. Decision Making Theory
There are three approaches within decision making theory that can help in explaining the various developments as far as human trafficking is concerned. They are: The Rational actor theory, the bounded rationality theory, and the Bureaucratic politics theory.
3.1.1. The Rational Actor Theory
The rational actor theory of decision making, relies on assumptions that there is a single homogenous good or utility which is present in all truly sought ends, and a higher amount of any end carries with it an increased amount of utility, at a continuously diminishing rate [15]. The principle of declining marginal value applies to this situation. The decision-maker is presented with a set of clearly defined and mutually exclusive options from which he can select. Decision makers are able to quantify the expected worth or advantage of each possible outcome because they are well-educated, well-trained actors. To determine the optimal strategy from a game-theoretic perspective, the decision maker uses these assumptions to get the expected value of each alternative, then compares them all to determine which one has the most expected utility. Also, he can evaluate the cost of new knowledge, compare it to the projected returns, and estimate how much time or effort he must devote in order to acquire new information [15].
The actor-specific theory of foreign policy analysis is based on the premise that the narrative of issues stated in each international policy document is driven by individual individuals. As a consequence, having a grasp of the ramifications of the decision-making processes of individuals offers a significant amount of insight into the function and implementation of a foreign policy. Failures in the regulations that control travel and immigration as well as human rights in those movements are the root cause of people trafficking across borders, particularly from Kenya to Saudi Arabia. It is obvious that human rights are political, and the discussion of human rights and its meanings is a regular topic among individuals, NGOs, political actors such as parliament, and international organisations. Human rights are also a political issue. As a result, the viewpoints of individuals and the current political climate inform the development of specific policies to address problems. It was bolstered by current events, such as domestic worker exploitation in the GCC, that the Kenyan government decided to implement a ban on labour migration to those nations. Despite the fact that the embargo was lifted in November 2013, it highlighted the importance of the decision making process in foreign policy creation. As a result, understanding the ramifications of a foreign policy on a phenomenon such as human trafficking is based on the study’s application of Actor-specific theory.
3.1.2. The Bounded Rationality Theory
As an alternative to the rational actor model, the bounded rationality theory can be seen assuming that commodities are homogeneous and that a person’s capacity to calculate is above average, it approaches closer to reality without sacrificing theoretical simplicity. The theory of bounded rationality presupposes, among other things, that goods are heterogeneous, as opposed to the rational actor being uniform. Achieving one without sacrificing the other is nearly impossible, if not impossible, to compare since they are incomparable goals that can only be achieved by sacrificing the other. For example, the perpetrator and the victim in human trafficking. There is a presumption that information about available options and alternatives will be more dynamic and mobile. At the beginning of a decision-making process, not all options are known or available. But the fundamental difference between this model and the previous one is the fact that goods are diverse. In this situation, there is no operational meaning to the best possible alternative, as there is no way to maximise possibilities.
It is an easy decision/problem if the purpose is to avoid two or more evils, and an acceptable option is one that fulfils the goal while avoiding the evils, according to this paradigm. When faced with a different type of dilemma, one must work to prevent one bad thing while also avoiding other terrible things [15]. The level of aspiration is the criterion for determining what level of success is acceptable to the decision maker. Saudi Arabia, for example, may at least violate and negate the protocol on human trafficking if it could not “dehumanize” those trafficked and use them to promote their own objectives. At some point during negotiations, it is possible to go lower and lower, but this is rarely done to the bare minimum because there are always other options to consider. However, advanced calculating ability is not required in any of these techniques for raising or reducing aspirational or acceptable thresholds.
Snyder and Diesing’s view [15] on the bounded rationality theory is the most relevant to this discussion. This combination can be approached by understanding the reasons for human trafficking’s occurrence. Violence and a contempt for human rights are perpetuated when the regular struggle of interests between diverse powers intensifies to such an extent that at least one power finds it impossible to bear it any longer. The search for a strategy to rectify the intolerable condition, i.e., a strategy to conserve or reach an acceptable level of all endangered assets, is a critical decision-making process. Finding the right strategy is the goal of the search. In the event that a decision maker is unable to come up with or develop even one acceptable plan, he does not maximise, but rather pauses if feasible, deferring action and searching for an exit route [15]. When there is an immediate requirement to find a solution to a crisis scenario and there are no choices that are acceptable, there is limited opportunity to optimise. This is the case whether or not there are acceptable choices. Using the bounded rationality model of decision-making theory becomes crucial.
3.1.3. The Bureaucratic Politics Theory
There are a number of bureaus within the government that make up the decision-making process, each having a unique set of powers and resources, as well as varying levels of influence over a central decision-maker. Policy decisions that benefit the national interest are developed in accordance with each department’s information sources and operationalization, conclusions reached, and suggestions made. They compete with one other in a battle of political power, contacts, and experience in order to influence the decisions of the government. An important part of the process of making decisions in this theory is convincing one’s government to support a particular plan or technique, and this requires the permission of those officials who need to be convinced [15]. When independent states band together to fight a dominant power or impose a principle or decision on another independent state, as the Kingdom of Saudi Arabia has done against Kenya or any other country, the method is the same. The output of the system, which is transmitted into society, is the policy decisions that arise from the system. As a result of the output, the system receives feedback in the form of reactions.
3.2. Comparative Foreign Policy (CFP)
James Rosenau’s challenge to construct a cross-national and multi-level theory of foreign policy and subject it to rigorous aggregate empirical testing prompted the development of the topic known as comparative foreign policy (CFP). Proponents of Comparative Foreign Policy sought an analogue to American political studies’ “vote” as a key explanandum: the visible artefact of foreign policy’s influence attempt, alternatively interpreted as “who does what to whom and how” in international affairs. On the basis of behaviour, events might be evaluated in terms of how they influenced the target audience (positive or negative affect, instruments of statecraft like diplomatic, military or economic and how much money and effort was put into the effort. Now, theoretically relevant comparisons and aggregations of behaviour as diverse as a war, a treaty, and a state visit are possible [16].
The theory-building process in CFP relied on this understanding of the dependent variable. From a practical sense, case studies were not an effective approach for uncovering law-like generalisations since they were limited in scope. A conceptual breakthrough, however, made it possible to collect data on a wide range of plausible explanatory factors, and to identify (by analysing event behavioural dimensions) how these independent variables were connected with foreign policy behaviour in a statistically significant manner [17]. In fact, speaking with several of the CFP researchers, it appeared that their ultimate goal was to develop a grand unified theory of all governments’ foreign policy behaviour throughout time. All the important variables, both independent and dependent, would be linked together by a set of master equations that, when applied to huge databases containing the values of these variables, would provide results close to [18]. Despite the goal’s lofty ambitions, the sheer size of the undertaking necessitated a level of theory development, data collection, and methodological innovation unseen in the history of the field.
3.3. Theory of Trans-National Organized Crime
For a criminal act to be classified as human trafficking, the UN convention specifies three conditions (NCID) [19]. There are four parts to this process. The first is where people are recruited in their place of origin, transported to their final destination, welcomed, and handed over to their new homes. The use of coercion, abduction, deception, or fraud as a means of trafficking is a second requirement. Kidnapping is a possibility for some people. They may also be prepared to work in the country of destination, but misinformed about the nature of their labour. They may be misled into thinking they’ll be working in a restaurant or some other nondescript position [20]. In other cases, women who know they will be working as prostitutes in the country they will be visiting are deceived about the conditions. This is the third and last aspect of human trafficking. For the most part, the trafficking of women for sexual services is used for prostitution, but it can also be used for other purposes, such as the production of pornographic materials.
Theorizing on the trafficking of women falls into one of four categories. The term “migration” was originally used to describe and criticise [21]. Trafficked women are treated as unlawful immigrants under the migration theory. It sees human trafficking as a crime committed primarily by women, with no consideration for the human rights implications [22]. State security is a concern in this view, and the migration method can be seen as a state-centric, realist approach. Individuals and their lack of permission are ignored in the migration paradigm, which focuses only on state security. According to the migration perspective, illegal migrants are in fact breaking the laws of the country where they reside, making the state the real sufferer of the migratory process [23]. While useful as a research tool, the migration perspective falls short when it comes to conceptualization when compared to more critical theoretical strands.
“Radical feminist’/prohibitionist” and “sex worker” are two more perspectives that see human trafficking as a concern [24]. Sullivan [25] attributes the radical approach to human trafficking to feminist explication [26]. For Barry, prostitution and exploitation of women’s bodily and spiritual integrity are feminist issues. Prostitution and female infanticide should be outlawed under a convention proposed by Barry [26], which would prohibit anything that breaches a woman’s rights. She supports for the creation of an international document that would make human trafficking illegal. However, she believes that the women who are involved should not be punished for their participation (which would acknowledge their subordination and objectification), and instead the traffickers and their business partners in the developed world should be held accountable.
3.4. Conceptual Model
Figure 1 is the conceptual model showing relationship between variables.
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Figure 1. Conceptual model showing relationship between variables. (Source: Researchers, 2022).
4. Research Methodology
4.1. Research Design
Descriptive research study design was used in the study. In respect to human trafficking, the descriptive design described phenomena and recounted how various behaviours and events occurred. It enabled the researcher to describe and investigate the nature of the situation as it existed, as well as collect information at that moment. The design was effective since it enabled the collection of pertinent data on the investigated topic [27]. The descriptive study design method was utilised in both qualitative and quantitative techniques of inquiry.
4.2. The Study Area
The focus of the study was within the context of Kenya’s foreign policy in with a specific target of Murang’a South sub-county. The sub-county, an administrative unit that is one of eight sub-counties in Murang’a County located at Latitude: −0.7167 Longitude: 37.1500. The area covered by Murang’a South is 457 square kilometres with a total population of 184,824 persons. This translates to a population density of 405 persons per square kilometre [28].
Murang’a south sub county is located at the mouth of Murang’a County and acts as a transit route into central region (Figure 2). For instance, all Access to and from Murang’a County and the Central Region Counties (Kirinyaga, Nyeri and Meru Counties) pass through Murang’a south sub county. This was informed by the location of the Central A2 Corridor and Nairobi-Nanyuki Railway line that has five stations (Wempa, Makuyu, Maragua and Sagana Railway stations) in the sub county. Therefore, the sub county is located in a major transit route within the central region [29].
Murang’a south sub county is also located within the rural environment of the central region with an urbanization of only 5%. The major socio-economic activities in the sub county include subsistence farming where coffee is the major cash crop of the area. Farming drives the social structure and the economy of the sub county as major trade in the area is centred in sale of surplus farm produce, sale, and trade of farm input among others [28]. The sub county lays in a ragged topography of hills and rivers with one major river, Maragua and its tributaries that cuts across the sub county. The availability of water enables farming at a subsistence level incorporating cash crops such as Coffee and Avocado, Dairy farming, portly farming among others.
4.3. Sampling Strategy
The researcher employed a hybrid of sampling techniques, where non-probability sampling was the general method of identification of the target population. In context, purposive sampling was underscored as the major target population acquisition. Informed by the sensitivity of the information required for the study, the researcher employed the snowball technique to identify victims as well
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Figure 2. Map of Murang’a South Sub County. Source: Researchers, 2022.
as human traffickers. Purposive sampling was also employed as a means of identifying key respondents to the research as players in the implementation of the foreign policy. The strategy was imperative in the identification of Public service officers under various ministries and departments that were crucial in management of human trafficking.
4.4. Sample Size Determination
Due to the large study population in the region (over 10,000 people), researchers used the suggested sample size of [30]. According to the 2019 Census, the study area of Murang’a south sub county had a total population of 184,824 persons.
“The formula used was;
where by:
N = the desired minimum sample size
Z = the standard nominal deviation at set confidence interval
D = the acceptable range of error set at a significant statistical level
P = the proportion of individuals in local communities affected
Q = the proportion of local communities not affected
Hence;
P = 0.5 to ensure maximum sample size for the study
D = 0.05
Z = 1.96% at 95% confidence level
Q = 1 ? P = 0.5
N = (1.962 × 0.5 × 0.5)/(0.052), therefore, the desired sample size was 382.”
However, the researcher sampled 400 respondents as a measure to cater for spoilt questionnaires during the data collection exercise.
Informed by the nature of research and sensitivity of the data and information the researcher sort to collect. The respondents were divided into two distinct groups; one, the key informants who are the policy makers, stakeholders, leaders, and enforcement and implementation officials. As such, this group was composed of 200 respondents from across all relevant organizations, agencies, ministries, and institutions in the study area and as it was informed by the scope of the research. The second group who was composed of 200 respondents who encompassed the public from the target population in Murang’a south sub county. The group had its characteristics indicative of Victims and perpetrators of human trafficking, the general public community affected by and with information related to human trafficking in the area.
4.5. Data Collection Methods
Primary data was collected using Interviews, Questionnaires and Focus Group Discussion guides. Interviews was used as the main research tools in getting first-hand information and reduce ambiguity in responses. This was imperative in the production of qualitative data and quantitative data as acknowledged by the research questions. The researcher applied both structured and semi-structured interviews.
Questionnaires whis was employed to provide insight into the victims and perpetrators of human trafficking. The questionnaires provided a checklist against which information was collected from the respondents of the study.
The Focus Group Discussion (FGDs) guide provided for the course of discourse in the matter of foreign policy analysis. To explore how the policies were enacted, enforced and their blind spots. Focus group discussion guide prompted the respondents to provide key and relevant information based on their views and experience
This method was aimed at the target population that formed the key informants’ samples. At its core, the information collected reflected the phenomenon of human trafficking as it provided a descriptive analysis of the subject under investigation. Secondary data was collected through reading, analysing, collating, and recording data that was readily available under the subject matter. The researcher effortlessly analysed various case studies conducted on the subject matter, private and public statistical records, documents and books, newsletters, magazines, and journals, among other recorded, print or electronic media that relate to human trafficking [31].
4.5.1. Reliability
Reliability is the degree to which the outcomes of a study are consistent when interpreted multiple times. In essence, a study reliability test yields the same results as a common evaluation test by employing the same methods. Error magnitude influences the reliability of a research study. When random error grows, dependability declines (Mohajan, 2017) [32]. The results must be accurate and genuine in order for them to be applicable to future study.
4.5.2. Validity
Validity refers to the extent to which a test measures what it is intended to measure. When a measure is trustworthy and confirms the results, it can be utilised and understood appropriately (Mugenda and Mugenda, 2003) [30]. This evaluation utilised content and face validity in this investigation. Before exposing these instruments (interview schedules and questionnaire) to the final data collecting activity, they were modified suitably through many presentations and regular talks with my superiors and other specialised specialists in the field of diplomacy. Their review remarks were utilised to improve the content’s validity.
4.6. Data Analysis and Presentation
Once the data was collected, the researcher coded it in a statistical package for social sciences (SPSS). For both numerical and non-numerical data, they were analyzed by descriptive statistical analysis. The relationship between the methods and prevalence of human trafficking and the public and foreign policies on human trafficking were analyzed using Spearman rank correlation. The positive sign meant there was a relationship while a negative sign indicated an inverse relationships. Data was analyzed at a level of 95% [32]. The results were presented in tables and bar charts. The nomothetic evaluation was adopted for analyzing the strategic options and mechanisms for addressing the problem clouding human trafficking and effectiveness of public and foreign policies in Kenya.
4.7. Socio-Demographic Characteristics of Respondents and Key Informants
The study relied on two major demographics of the respondents who formed the sample study population as follows. The first major respondents group was that of the key informants while the second study group was derived from the general public. Informed by the research design, the distinction between the two groups was imperative as key informants group was highly valuable in the production of qualitative data. Therefore, the respondent group was imperative in denoting the policy framework in the interaction of the independent and dependent valuables of the study. As such, the researcher was able to conduct 133 interviews of the key informants which amounted to 53% of the total respondents. The value of these demographic group of respondents was identifiable by the nature of the data collected from them. The category produced highly qualitative data and perspectives. For instance, the interviews conducted in these category were numerous, it was indicative of the enforcement officers within the public service and political system with unique perspectives on human trafficking in the study area.
The second category of respondents was denoted by the general public as informed by the research design. Here the researcher employed purposive and systematic sampling technics such as snowballing to gain valuable respondents for the study. This was imperative as these group of respondents included victims and perpetrators of human trafficking as well as the general population in Murang’a south sub county who have knowledge or were affected by human trafficking activities such as family members of the victims. Therefore, the researcher was able to conduct survey of 120 respondents of these group which amounted to 47% of the total respondents.
5. Results
5.1. Nature and Prevalence of Human Trafficking
5.1.1. Awareness of Human Trafficking to Saudi Arabia from Murang’a South Sub County
The researcher sort to find out the degree at which people in Murang’a south sub county were aware of human trafficking activities to Saudi Arabia in the area. The respondents provided the information recorded in Table 1.
From all the responses, 52% of the respondents indicated that they were aware of at least one person who was a victim of human trafficking to Saudi Arabia. Similarly, 48% of the respondents indicated that they were not aware of any individual trafficked to Saudi Arabia from the sub county.
According to a report that was produced in the United Arab Emirates by the Social Support Centre in Abu Dhabi and the Directorate for Human Rights Protection in Dubai, human trafficking in Saudi Arabia continues unabated. This
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Table 1. Awareness of HT to Saudi Arabia from Murang’a south sub county.
Source: Field Data, 2021.
includes trafficking of women and girls for use as prostitutes and domestic workers, as well as trafficking of males for use as servants, labourers, and unskilled employees. For the past ten years, the UAE has emerged as a popular destination for trafficked people from Africa, South and Southeast Asia who are exploited for commercial benefit in the UAE. Some of the women who go to the UAE to work as housekeepers and office staff are harassed in ways like not being able to move around freely, having their passports taken away, not getting paid, being threatened, and in some cases being physically and sexually abused. There were 58 incidents in 2010-11, but only 37 in 2011, according to the annual report. There were 47 incidents in 2012, which is an increase from 2011. These 47 instances involved 75 victims and led to the arrest of 149 individuals suspected of being traffickers [33].
5.1.2. Frequency of Human Trafficking Cases in Murang’a South Sub County
The researcher collected information on the opinion of the respondents on how often they thought human trafficking activities took place in the sub county. The data collected is as indicated.
The information recorded in Table 2 indicate that the highest response recorded the opinion that human trafficking activities take place a few times in Murang’a south sub county at the rate of 46% of the respondents. While the lowest frequency of 8% of the respondents indicated that human trafficking activities took place very frequently. Nonetheless, 35% of the respondents indicated that human trafficking takes place frequently while 11% of the respondents indicated that they thought that human trafficking never take place in the sub county.
As indicated in Table 3, the number of Human trafficking cases from the period between 2015 and 2020 varied as follows. It’s worth noting that the number of respondents aware of human trafficking cases demonstrated in Table 4 generated the following statistics. Where, 46% of the respondents indicated to be aware of at least a single case in the past five years, 35% of respondents indicated to be aware of between 1 - 5 cases of human trafficking in the same period while only 8% of the respondents were aware of over five cases of human trafficking. Corresponding to the data, the researcher noted that while there was a high frequency of respondents who indicated awareness of Human trafficking cases, the cases referred to tended to be similar in certain circumstances. For instance, several respondents in Maragua ridge location indicated to be aware of between 1 and 5 cases of human trafficking. Upon further investigation, the researcher
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Table 2. Frequency of HT cases in Murang’a south sub county.
Source: Field Data, 2021.
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Table 3. Number of HT cases that respondents were aware in Murang’a south sub county.
Source: Field Data, 2021.
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Table 4. Factors influencing human trafficking.
Source: Field data, 2021.
identified that the respondents referred to the same cases. Nonetheless, the researcher was able to underpin the familiarity of the respondents with HT.
5.1.3. Factors Influencing Human Trafficking in Murang’a South Sub County
The human trafficking phenomenon has causal factors that are attribute to its existence and therefore the table below indicate how the respondents relate the indicated factors to human trafficking in the sub county.
As indicated in Table 4, the largest proportion of respondents at 46% indicated the highest degree of relationship of poverty being the number one factor influencing human trafficking. Secondly the respondents indicated that ignorance as the second highest factor at 21%, the level of education as a causal factor at 13%, insufficient government regulation at 11% while organized crime was recorded at 9% as an influential factor to human trafficking.
Victims of human trafficking in the region were noted to come from very poor backgrounds in the sub county. The researcher underscored that poverty drove victims as well as family perpetrators to human trafficking while in search of employment. Discussions in the FGDs indicated that most of the victims trafficked for labor and sex exploitation to the middle-east were taken there in search of employment. The victims are actively encouraged by family members and relatives to join employment bureaus that arrange for employment opportunities in Saudi Arabia .
“Employment bureaus are used as fronts for recruiting and screening possible victims of human trafficking. In Murang’a south sub county, we have little of these employment agencies but they are common in areas of Nairobi County, especially areas of Eastleigh estate, Huruma estate among others; and in Kiambu County, especially areas of Githurai and Kahawa estates. Families, relatives and friends use their connections back home in Murang’a to persuade individuals of the open opportunities in the employment agencies of that nature. The unsuspecting young girls and men leave Murang’a south hoping for employment, but instead they are connected with human traffickers”.
Source: An excerpt from an FGD conducted on April, 2021 in Kenol town.
“I spent 5 years in Lebanon in what I can only describe as a slave situation. Initially, my uncle called me from Githurai indicating that there is an employment bureau that was looking for housemaids overseas. Within two weeks, he called me again to notify me that all my visa, passport and travel tickets were organized. All I had to do was report to the employment agency two days to the date of travel. Initially, I was told I would be working in UAE, but on the day before travelling, I was informed that the client has changed and instead I would be working in UAE for a period of two years. Since I trusted my uncle, I was okay with the arrangement. I was given a contact person who would receive me upon reaching my destination. All was well since we were several girls who came from my tribe and we would talk as we were excited of the prospects. Upon arrival in UAE, the contact person was waiting at the airport with a van and asked us for our travel papers and passport. As he put it, it was to verify to the employer of who we were and the jobs we were to get. In Five years that I stayed there, that was the last time I was outside without supervision.”
Source: A victim of human trafficking from Maragua ridge location in June, 2021.
Data collected in FGDs indicated that the level of education and ignorance played a crucial role in facilitating human trafficking activities. This was mostly underscored by the victim’s lack of understanding of the policies that regulate employment bureaus and ability to identify legitimate organizations. Secondly, the victims had little understanding of the process of immigration, and therefore susceptible to the traps laid by the human traffickers.
In an interview with a victim of human trafficking, he indicated that he was not aware of the process to acquire a passport, a visa or even an air ticket to the destination he was taken to work.
“Everything was arranged, they paid for my visa, and they brought me a passport, a visa and even an air ticket to SAUDI ARABIA. I did not even know how any of those passes were acquired. I come from a very poor family, most of my relatives did not even know how to apply for a passport let alone a visa. So I saw it as a blessing when the employment agent said that he would sort and arrange all my travel requirements. All I was supposed to provide is 50,000 kshs to cater for the process. Since, it was a job opportunity, my family and relatives sold two cows for the opportunity of their son to go overseas.
Source: A victim of Human Trafficking, July 2021.
Education and the background that an individual comes from proved to be a deciding factor for the probable victims of human trafficking. Perpetrators in these category take advantage of all individuals from poor and uneducated background with the promise of employment. As a consequence, most of the victims were taken to Saudi Arabia with no knowledge of what work or even the conditions of the work environment they would be in. very limited education meant that most of the victims would not understand the language their “employment agreements” was written in. therefore, the cycle of exploitation became endless, not only to the victims but also to their families. Having come from similar backgrounds, the families and relatives are not the wiser when asked to generate money to facilitate the process of not only acquiring documents, but also the travel.
5.2. Alluring Factors Facilitating Human Trafficking
The relationship between Kenya and Saudi Arabia has played a significant role in the acceleration of movement of and immigration of Kenyan Citizen between the two nations. However, the continued connection between the two countries created an environment of alluring factors that have been exploited by human traffickers.
5.2.1. Bilateral Ties and Trade Increase between Kenya and Saudi Arabia
The understanding of the Kenya’s foreign policy as well as the corresponding bilateral ties with the middle-east nations is not well understood by most of the respondents in any category. For instance, in 2019, the Diaspora directorate sponsored by the ministry of foreign affairs conducted a public awareness campaign in the sub county on issues of human trafficking to Saudi Arabia . The awareness program only covered the National Government administrative officers who are the primary public policy implementers at the grass root level. Nonetheless, in interviews conducted with the NGAOs indicated that the knowledge of the tools available in combating human trafficking are still not well understood by the officers themselves.
“After the diaspora directorate taught on the tools to combat human trafficking, part of my responsibility was to organize public barazas to teach Kenyans in my jurisdiction. In my location, I have had three cases of human trafficking to UAE where the family of the victims had to plead with the media in order to know how to get their children back. Only two of the victims returned home ‘safely’, we buried the other after the body was returned through the ministry of foreign affairs. My main problem is that, I do not even know how the process works, I have never received a training manual or even a policy circular that I can use to teach my people on how to identify trafficking situations, how to protect oneself from being a victim or even how to ask for help when caught up in the situation. All I have is the information that I grasped during the awareness campaign and that is not even enough. Once people start asking questions, all I can do respond in a certain manner that does not include details.”
Source: A chief within the sub county, in July 2021 at Maragua town.
5.2.2. Investigation and Law Enforcement Failure
The complexity of human trafficking impends the local law enforcement officers to fully understand and even respond timely on the matter as needed. For instance, in an interview with a sub county criminal investigation officer (SCCIO), this became very apparent.
“Human trafficking is not a single crime, as there is no crime scene to investigate as it spreads out across multiple jurisdictions where I and my officers cannot pursue. For example, last year I was investigating four cases of missing persons, three young girls and a young man between the age of 19 and 25 years. These could be cases of human trafficking or the garden variety of runaways as they all come from very poor backgrounds. If these youths even find a person offering them possible employment overseas, they will take those opportunities without asking any questions. This is the problem I am facing, before I even know where to start searching for them, word reaches home that one of the girls went to Kuwait for employment. The family back at home do not even recognize that they might have been trafficked but they are happy that their child is overseas. What they do not recognize is that their child might have been trafficked to be exploited for labour or sex, it’s a pity.”
Source: a CIO in the sub county, in July 2021 at Makuyu town.
This may be an indication of a variety of things, one of which is the sloppy organisation of trafficking networks, which only permits the identification of individual suspects and not criminal groups. Alternately, the fact that there was only one suspect could be a reflection of the nature of sex trafficking. This is especially true in situations in which the trafficker and victim have some sort of connection, such as a relative or a “boyfriend,” which makes it easier for them to form intimate, abusive, and dependent relationships with one another.
From the interviews conducted from the key informants in the sub county security and intelligence committee members as well as the judiciary officials, a pattern emerged on the nature of trafficking in the county. In almost all the responses, the officials indicated that the traffickers were embedded within employment bureaus or used employment as bait to entice would be victims. These practice has increasingly become dominant where the victims and their families are exploited from both ends. For instance, a victim of trafficking will be charged close to, or more than 50,000 Kshs as processing fee to acquire travel documents to the destination countries. As the traffickers target the poor and marginalized individuals, gaining the money means selling some of their income possessions such as cows, goats and chicken and some a piece of land to cater for the travel of their child who they believe is benefiting from the employment. Consequently, it becomes extremely clear that the lack of knowledge of the immigration policies and processes to the citizens predisposes them to acts of human trafficking.
5.2.3. The Promise of Employment
Poverty was found to be the leading cause of human trafficking as a result of these investigations. As a result, youth unemployment and poverty are closely linked. Human trafficking can be avoided if people are aware of the jobs available elsewhere in the country, especially those who are at risk of being exploited. Many people in their home countries have access to a wide range of information on the job market and living conditions in other countries. Increased access to mass media and social media, as well as better transportation, have made it feasible for people who have moved back to their home communities to spread word of mouth about what it is like in new places. Improved communication and transportation infrastructure have made it easier for employers and human traffickers to reach rural people. All of the victims who were interviewed stated that they had travelled to Saudi Arabia in search of work. The data also showed that the majority of those trafficked were between the ages of 18 and 35. This further entrenches the urge that many young people have to earn a living, only for them to end up as victims of human trafficking, either as sex slaves or as labour slaves.
Low-income communities had an abundance of employment bureaus and agencies that cater to Saudi Arabian employers, resulting in enticing job chances. A key informant commented as follows on this,
Low income areas are our playground. Here, every young person is looking to get out of the area and the only way to get out is through employment. I had a recruitment agency in Githurai area and I didn’t have to go looking for people. They used to find us in our offices most of whom are from Kiambu and Murang’a counties on their first year of visit in the city. Our work was majorly processing paperwork for those who want to go to Saudi Arabia and it could take between five days and three weeks depending on the clients.
Source; Key informant interview from an employment bureau entrepreneur in April, 2021.
Another key respondent made the following remarks on the subject of employment and recruitment.
“Work in the hospitality industry, other service work, and domestic work are all available in many home areas of those trafficked. Trafficker often promise similar jobs as those that are available in their home areas”
Source: a social worker at Kenol town in May, 2021.
The study conclusively identified the search for employment and greener pastures as the primary tool used as a lure by traffickers. Based on the background of most victims, the search of employment is powerful and more often than not becomes the only thing that matters. Individuals from poor backgrounds, low education and minimal exposure therefore become more vulnerable to manipulations by traffickers with the promise of employment. To some, even when the risk factors with jobs sort out are high, it’s still not an enough deterrent to venture into the unknown in search for employment. The Employment and recruitment bureaus/agencies that are fronts for human trafficking take advantage of such desperation to lure young girls, women, boys and men into a life of exploitation and servitude in Saudi Arabia .
6. Summary and Conclusions
Research findings provide essential input to the broad inquiry of human trafficking from Murang’a south sub county. With a response rate of 66.23%, the study recorded a 52% awareness index of human trafficking to Saudi Arabia from Murang’a south sub county. As such, the study demonstrates that human trafficking is an ongoing contemporary social problem rooted in intergenerational occupational injustices and factors such as poverty, level of education, ignorance and criminal activities. These factors of predisposition are further compounded by insufficient government regulation and enforcement failures that occur on various paths of public service delivery. The study noted that the increase in bilateral trade ties between Kenya and Saudi Arabia and the promise of employment lured many victims to traps of human traffickers.
The study concludes that the enforcement of anti-trafficking laws has traditionally been a difficulty for Kenya’s Foreign Policy and for all parties involved in the fight against human trafficking. This has been the case because of backlogs, a lack of resources, a lack of political will, and a lack of coordination. Government officials underestimated the number of incidents that had been documented. They concluded that a large number of events go unreported and that it is likely that many individuals are still being exploited today. Individuals become victims of human trafficking because they are unaware of their rights, according to these government officials. The great majority of human trafficking victims can easily escape their captors and seek rehabilitation through government assistance. However, traffickers continually coerce victims and put them in constant fear of death or harm, to the point where victims lose all hope. That human trafficking thrived mostly owing to economic factors in Saudi Arabia. Traffickers deceived the majority of victims of human trafficking, typically through employment and recruitment agencies with the promise of higher incomes and better living conditions.
7. Recommendation
Kenya’s foreign policy has diverse objectives all directed towards the national development agenda, and the welfare of the Kenyan nationals abroad has specific implications to the Kenya’s diaspora policy. Human trafficking has challenged the diaspora policy as it is a distinct failure in maintaining the welfare of the Kenyan nationals. Underscored by the findings of the research, the strategy of the Kenya’s foreign policy towards the management of human trafficking requires a comprehensive campaign and education to create awareness among Kenyan’s seeking to travel abroad and stakeholders involved in the immigration process. Kenya should create awareness and education campaign on susceptibility to human trafficking through enforcement and implementation of anti-trafficking strategies.