Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Kenya (Ratification: 1979)

The Committee notes the Government’s succinct report, the information communicated in response to its previous comments, and the annual report of the Labour Department for the year 2005. Referring also to its observation under Convention No. 81, the Committee asks the Government to provide, in its report on the present Convention, the information requested in that observation, insofar as it specifically concerns labour inspection in agricultural undertakings, in respect of: (i) the amount of the budget allocated to the functioning of the inspection service; (ii) measures aimed at reducing the phenomenon of child labour and the results obtained in this respect; (iii) the scope of the powers of labour inspectors in free agricultural enterprises; and (iv) measures of a legislative or practical nature taken to ensure the inspection of the safety and health conditions of the persons living on such farms.

1. Inspectors to ensure the implementation of national legislation. The Committee notes the issue of legal notices relating to minimum wages for workers in the agriculture sector, effective in 2003, 2004 and 2005, and the information indicating that new draft labour law bills in other areas were discussed, in November 2005, at a workshop attended by members of the Labour Advisory Board, national consultants on draft labour law bills, rules and regulations, and ILO representatives. The Committee would be grateful if the Government would communicate the abovementioned legal notices, indicate the manner in which the enforcement of such provisions is ensured, and keep the ILO informed of any changes in the legislative process insofar as it concerns issues covered by the Convention.

2. Articles 14 and 15 of the Convention. Adequate means to ensure the discharge of duties. In particular reference to its observation concerning the application of Convention No. 81 and to its previous comments relating to labour inspection in agriculture, the Committee notes that the annual activity report for 2005 indicates a persistent lack of inspection personnel and the inadequacy of means of transport, which constitute a major obstacle not only to the discharge of inspection duties, but also to the verification of the measures ordered by the courts in the case of violations referred to them by inspectors. The Committee emphasizes the vital importance of providing labour inspectors with appropriate means of transport so as to enable them to perform their duties in agricultural undertakings, given the distance of such undertakings from urban areas and public transport networks, and urges the Government to take steps to identify needs in this area and to bring them to the attention of the financial authorities, so that such needs, which are vital to the implementation of the Convention, can be progressively fulfilled. The Committee asks the Government to keep the ILO informed of any developments in this regard.

3. Difficulties in fulfilling reporting obligations. The Committee notes that the Government is not yet in a position to ensure the consolidation of different pieces of information on labour inspection activities in the agriculture sector. It notes, however, the Government’s intention to submit a request for ILO technical assistance with a view to restructuring the labour inspection system; such assistance will allow for the improvement of the procedure for managing the statistical information required under the present Convention. The Committee emphasizes, once again, the importance at national level of a separate evaluation of the functioning of the labour inspection system in agriculture, since this system requires specific means and a specific strategy due to the nature of the activities covered, the human component and the geographical configuration of the undertakings, and the specific occupational risks present. The regular consolidation of information on labour inspection activities in agriculture is an indispensable tool for assessing the level of application of the relevant legislation and for determining the means necessary for its improvement. The purpose of publishing this information is to invite the social partners and any other body or agency concerned, to make constructive proposals. The Committee therefore strongly hopes that the Government will formalize, as soon as possible, its request for ILO technical assistance and that it will ensure that one of the components of such assistance will concern the means by which to fulfil its obligations under Articles 26 and 27 of the Convention.