CHAPTER FIVE: ECONOMIC ENTITLEMENTS: ACCESS TO THE EMPLOYMENT MARKET AND PROPERTY This chapter looks at the ability of stateless persons and persons at risk of statelessness to access the employment market and to own property in Kenya. It demonstrates some of the difficulties they face in the quest to realize these rights. The Right to Work International and Domestic Provisions International human rights law recognizes the right of individuals to work. Article 23 of the UDHR declares that every person has the ‘right to work, to free choice of employment … and to protection against unemployment.’ International treaties, including the ICESCR, 161 and the Banjul Charter 162 recognize this right. While reiterating the position of the UDHR, the ICESCR goes a step further by requiring state parties to undertake ‘appropriate measures to safeguard this right’. 163 States are required to adopt ‘policies’ and ‘programmes’ that will guarantee the realization of this right by all inhabitants. 164 In other words, Governments must take steps that will ensure that the right to employment is enjoyed at all times. They must also take measures that will ensure that the enjoyment of this right by workers is not hindered. Some recent constitutions, such as the South African Constitution (1996) 165 and the 2004 Constitution of Afghanistan 166 recognize the right of individuals to choose freely their occupation. In Kenya, the 2007 Employment Act governs issues surrounding employment in the country. Among others, it declares and defines the fundamental rights of employees. Under the right to employment, States are required to create an enabling environment that will facilitate the realization of the right to formal and self employment. Current Status Over one-half (38; 57%) of the respondents at risk of statelessness underscored the value of employment to their lives and livelihoods. Employment would give an individual a wage, which the person could use to meet his or her basic needs. Government also Adopted by UN Gen Ass. on 16 Dec. 1966, 999 UNTS (entered into force 3 January 1976) (‘ICESCR’) article 6. 162 Article 15. 163 Article 6. 164 Article 6. 165 Article 22. 166 Article 48. 161 30 OUT OF THE SHADOWS TOWARDS ENSURING THE RIGHTS OF STATELESS PERSONS AND PERSONS AT RISK OF STATELESSNESS IN KENYA