Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Kenya (Ratification: 2001)

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. 1. Poverty Eradication Programme. The Committee had previously asked the Government to provide information on the concrete measures taken to implement the Poverty Eradication Programme, which was launched recently, as well as its impact on reducing or eliminating the worst forms of child labour. It notes the Government’s information that concrete measures have been developed to implement this Programme such as policies aimed at reducing poverty. Some of these policies include: promoting access to market opportunities for the poor; improving infrastructure; improving overall effectiveness of public resources; enhancing security; generating employment and access to credits; improving productivity and conditions in the labour market. The Committee also notes the Government’s indication that all sectors of the economy have identified strategies which aimed at reducing poverty and were integrated into sectoral objectives. It further notes that the implemented policies have led to the improvement of economic performance with a growth of 4.3 per cent in 2004 compared to 2.4 per cent in the previous year. The Committee takes due note of this information.

2. National Child Labour Policy. The Committee had previously asked the Government to provide a copy of the National Child Labour Policy as soon as it is adopted. The Committee notes the Government’s indication that the draft National Child Labour Policy is in the process of being reviewed to reflect the changed circumstances including free primary education and the National Plan of Action on the Elimination of the Worst Forms of Child Labour. The Committee therefore asks the Government to provide a copy of the abovementioned National Plan of Action and the National Child Labour Policy once the latter has been reviewed and adopted.

Article 3 of the Convention. Worst forms of child labour. The Committee had previously noted that the Employment Act of 1976 would be amended to prohibit the employment of children in the worst forms of child labour and had asked the Government to provide a copy of the amended version of the Act. The Committee notes the Government’s indication that it will forward the amended Employment Act as soon as it has been adopted.

Clause (b). Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee had previously noted that the Penal Code does not seem to prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. It had asked the Government to indicate the measures taken or envisaged in this regard. The Committee notes the Government’s indication that the use, procuring or offering of a child for pornographic production or performances is prohibited under the Employment Bill and Children Act. However, the Committee notes that while section 15 of the Children Act states that a child shall be protected from exposure to obscene materials, it does not seem to prohibit the use, procuring or offering of a child for pornographic purposes. As regards the Employment Bill, the revised version, which will prohibit the employment of children in the worst forms of child labour, including pornography, has not yet come into force. Therefore, the Committee asks the Government to provide information on the progress made in adopting the revised version of the Employment Bill and to supply a copy of it as soon as it has been adopted.

Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted that the Government had not yet come up with a list of types of hazardous work. It had hoped that the list of types of work to be considered as hazardous would be adopted shortly, in consultation with the organizations of employers and workers concerned, in conformity with Article 4, paragraph 1, of the Convention. The Committee notes the Government’s information that it has developed a draft list of types of hazardous work in consultation with social partners and stakeholders. The list will be reviewed and presented to stakeholders for validation. The Committee trusts that, in reviewing the list of types of hazardous work, the Government will take into consideration relevant international standards, in particular, Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). It asks the Government to provide a copy of the list of types of hazardous work as soon as it has been adopted.

Article 4, paragraph 2. Identification of hazardous work. The Committee had previously noted that according to the information provided in the 1998-99 Child Labour Report, published by the Central Bureau of Statistics of the Ministry of Finance and Planning in June 2001 (page 55), inspection officials from the Ministry found children working in hazardous situations when enforcing the rules prohibiting hazardous work. These situations were characterized by harsh environments in sisal, coffee and tea estates, fishing and horticultural farms, manufacturing, mining and quarrying activities within the informal sector as well as in the salt-mining firms. The Committee had requested the Government to indicate whether the findings of labour inspectors concerning children working in hazardous occupations would be taken into consideration when identifying where hazardous work exists. The Committee notes the Government’s statement that the findings of labour inspectors will be taken into consideration when identifying where hazardous work exists. It takes due note of this information.

Article 5 of the Convention. Monitoring mechanisms. 1. National Council for Children’s Services. The Committee had previously noted that the Children Act provides for the establishment of a National Council for Children’s Services which is responsible for monitoring and ensuring the full implementation of Kenya’s international and regional obligations regarding children’s rights and facilitating the formulation of appropriate reports. It had asked the Government to provide information on the concrete measures taken by the National Council for Children’s Services to monitor the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s information that the National Council for Children’s Services monitors implementation of the country’s international and regional obligations and facilitates the formulation of appropriate reports through area advisory councils which specialize in various matters concerning the rights and welfare of children.

2. District Children’s Advisory Committees (DCAC). The Committee had previously noted that the DCACs, which are subcommittees of the District Employment Committees are in charge of monitoring matters related to children’s welfare at the district level. In particular, DCACs are active in monitoring the implementation of the ILO/IPEC project 2002-04 aimed at combating exploitative child labour in domestic services. The Committee had requested the Government to provide information on the concrete measures taken by the DCACs to monitor the implementation of the abovementioned ILO project. It had also asked the Government to indicate in which other areas the DCACs operate. The Committee notes the Government’s information that, under the Children Act, the DCACs are formed in all districts. They are multi-sectoral committees and are involved in identifying local sites where ILO/IPEC projects are to be implemented. The Committee also notes the Government’s indication that at the local level Local Child Labour Committees (LCLCs) are formed with the mandate to monitor implementation activities. Therefore the monitoring is carried out both by DCLCs and LCLCs. The Committee takes due note of this information.

3. Child labour monitoring system in the commercial agricultural sector. The Committee had previously noted that under the ILO/IPEC subregional project on the prevention, withdrawal and rehabilitation of children engaged in hazardous work in commercial agriculture in Eastern Africa (COMAGRI project), a child labour monitoring system would be created as of 2004. It had also observed that the monitoring mechanism was geared towards establishing a permanent institutional child labour monitoring mechanism. The Committee had requested the Government to indicate whether the child labour monitoring system under the COMAGRI project had been established and to provide information on its activities. The Committee notes the Government’s information that a Child Labour Monitoring System (CLMS) was developed and piloted under the COMAGRI project. However, the COMAGRI project ended in March 2005. The system will be reviewed and scaled up under the time bound-programme (TBP) and will be implemented from 2006-08. The Committee asks the Government to keep it informed on the revision and implementation of this monitoring system under the TBP.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had previously noted that the organizations of workers and employers, particularly, the Central Organization of Trade Unions and its affiliates, the Kenyan National Union of Teachers, have comprehensive structures from national to grass-roots levels that facilitate the trickling down of policies and action programmes geared towards elimination of the worst forms of child labour. It had requested the Government to provide further information on the concrete measures taken by the social partners and other actors to eliminate the worst forms of child labour and the results achieved. The Committee notes the Government’s information that concrete measures are taken by the social partners to eliminate the worst forms of child labour. In particular, the Central Organization of Trade Unions (COTU) has conducted a survey on child labour practices; created awareness on the effects of the worst forms of child labour; empowered economically the community child labour committees and developed a policy paper on child labour. The Federation of Kenya Employers (FKE), among other measures, has conducted a child labour survey in commercial agriculture; formed child labour consultative committees; developed employers’ guidelines and codes of conduct on child labour issues. The Committee takes due note of this information.

The Committee had previously observed that a three-year programme of action entitled: "Building the foundations for eliminating the worst forms of child labour in Anglophone Africa" had been launched in September 2002. The core participating countries are Kenya, Ghana, Nigeria, Uganda and the United Republic of Tanzania. The Committee had requested the Government to provide information on the impact of this programme on eliminating the worst forms of child labour. The Committee notes the Government’s information that Kenya’s Capacity Building Programme (CBP), launched in 2002, is a part of the abovementioned regional programme of action. The impact made by implementing agencies under the CBP include withdrawal of children from child labour activities; capacity building on child labour matters; providing income-generating activities for parents; media awareness campaign and strengthening the Child Labour Division through staff training and equipment. The Committee takes due note of this information.

Article 7, paragraph 1. Penalties. The Committee had previously requested the Government to provide information on the practical application of the penalties for the breach of the provisions prohibiting the worst forms of child labour. These provisions include sections 264 and 266 of the Penal Code, sections 10(1) and (2), 13(1), 16, 20 of the Children Act, 2001. The Committee notes the absence of information on this point. It once again requests the Government to provide information on the practical application of penalties laid down in the relevant provisions of the national legislation.

Article 7, paragraph 2. Effective and time-bound measures. The Committee had previously noted that a time-bound programme (TBP) was under preparation with the assistance of ILO/IPEC. It had asked the Government to provide information on the launching of the TBP and the areas covered by the programme. The Committee notes the Government’s information that the TBP was officially launched on 1 April 2005 by the Vice-President and the Minister of Home Affairs with the participation of the social partners and stakeholders. The TBP targets five towns and ten districts where child labour is prevalent: Nairobi, Kisumu, Mombasa, Eldoret, Kakamega, Kiambu, Busia, Siaya, Suba, Maragua, Kitui, Nyeri, Kitale, Kilifi and Samburu.

Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Hazardous work in commercial agriculture. The Committee had previously asked the Government to provide information on the concrete measures taken to prevent children from engaging in hazardous types of work in commercial agriculture. The Committee notes the Government’s indication that the concrete measures taken to prevent children from hazardous work in commercial agriculture include awareness raising at all levels; development of information, education and communication materials; direct support to children at risk through provision of uniforms and learning materials; support to schools to start income-generating activities; training of families on managing income-generating activities. The Committee takes due note of this information.

2. Education. The Committee had previously observed that according to the statistics and information provided in the 1998-99 Child Labour Survey, primary education starts at 6 years of age and lasts seven years. According to this survey, the gross enrolment rate in primary education declined from 105 per cent in 1989 to 86.9 per cent in 1999 due to the deepening of poverty and the adverse effects of the structural adjustment programmes which introduced cost sharing in primary education. The Committee had also noted a low gross enrolment rate (approximately 21 per cent in 1999) in secondary education which starts when a child reaches 13 years of age. According to the survey, 1.3 million working children aged 5 to 17 were out of school in 1999 and that 18 per cent of these working children had no formal education. The Committee had noted with interest that from January 2003 the Government had implemented a policy on free and compulsory primary education. This policy aimed at eliminating all forms of payment to enrol in primary education, which resulted in 1.7 million enrolling in school. The Committee had further noted the Government’s statement that 2,000 former street children who were engaged in the worst forms of child labour were admitted into the National Youth Service which is a vocational training institution. The Committee had encouraged the Government to pursue its efforts to ensure free basic education for all children. It had also asked the Government to continue to provide information on the measures taken to this end, as well as the results achieved. The Committee notes the Government’s statement that it is committed to ensure free primary education to all children, including street children. To this end, the Government has developed a draft policy paper for street families that has been forwarded to the Cabinet for the necessary approval. The Committee asks the Government to provide a copy of this policy paper once it has been adopted.

Clause (d). Identifying and reaching out to children at special risk. 1. Street children. The Committee had previously noted that the Committee on the Rights of the Child (CRC/C/15/Add.160, 7 November 2001, paragraphs 57 and 61) had expressed grave concern at the high and increasing number of street children. In particular, it had noted their limited access to health, education and other social services, as well as their vulnerability to sexual and economic exploitation. The Committee had requested the Government to provide information on the time-bound measures taken or envisaged to protect street children from labour and sexual exploitation. The Committee notes the Government’s information that time-bound measures envisaged to protect street children include enforcing the free primary education policy, adoption of street family policy, awareness creation and direct support of street children. The Committee asks the Government to provide more detailed information on the abovementioned time-bound measures and their impact on protecting street children from labour and sexual exploitation.

2. Child victims and orphans of HIV/AIDS. The Committee had previously observed that the pandemic of HIV/AIDS has consequences on orphans who might more easily engage in the worst forms of child labour. It had noted that the Ministry of Health in collaboration with the Ministry of Labour and Human Resources Development was in the process of organizing a countrywide survey to determine the impact of HIV/AIDS on child labour. The Committee had requested the Government to supply a copy of this survey as well as to provide information on measures taken or envisaged to address the situation of these children. The Committee notes the Government’s statement that it will provide a copy of the survey as soon as it is conducted. It once again asks the Government to indicate the time-bound measures taken or envisaged to address the situation of child victims and orphans of HIV/AIDS.

Clause (e). Take account of the special situation of girls. 1. Commercial sexual exploitation of girls. The Committee had previously observed that it is estimated that 10,000 to 30,000 children (mainly girls) are engaged in prostitution in Kenya. Noting the high number of girls involved in commercial sexual exploitation, the Committee had requested the Government to provide information on time-bound measures taken or envisaged in this regard. The Committee notes the Government’s indication that it undertakes to provide information on measures to remove girls from commercial sexual exploitation. It accordingly asks the Government to indicate effective and time-bound measures taken or envisaged in this regard.

2. Domestic workers. The Committee had previously observed that a two-year project had been established in 2002 with the support of ILO/IPEC to combat child labour in domestic work. This project includes the withdrawal and rehabilitation of child domestic workers and is focused on providing girl child domestic workers (they represent 80 per cent of child domestic workers) access to basic literacy or skills training along with psychological counselling, and sensitizing employers to ensure decent minimum working conditions. The Committee had requested the Government to provide information on the impact of this project, including statistics on the number of children withdrawn from the worst forms of child labour and rehabilitated. The Committee notes the Government’s information that the child domestic worker project has been implemented in two urban centres and two rural districts. An evaluation conducted in June 2005 revealed the following:

-  The level of awareness on the issues of child labour was high.

-  Children previously involved in child domestic work went back to school after the implementation of the free primary education policy.

-  School feeding programmes have improved school attendance, performance and enrolment. Some schools have been able to put up additional classes through income-generating activities.

-  Community initiatives are contributing to the sustainability of vocational training centres and transitional schools.

The Committee takes due note of this information.

Article 8. International cooperation and/or assistance. The Committee once again asks the Government to provide information on enhanced international cooperation and assistance in conformity with Article 8 of the Convention.

Part III of the report form. The Committee notes the Government’s indication that there have been no court decisions regarding the legislation relevant to the application of the Convention. It encourages the Government to supply any court decisions relevant to the application of the Convention, even if the provisions of the Convention as such were not among the focus of the decisions.

Part V of the report form. The Committee notes the absence of information on this point in the Government’s report. It once again requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the infringements reported, investigations, prosecutions, convictions and penal sanctions applied. In so far as possible, the information provided should be disaggregated by gender.