Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

The Committee notes that the report received in August 2007 contains general information which replies in part to its previous observation. It asks the Government to provide in its next report the specific information requested on labour inspection activities in the agricultural sector, as well as information on the application of the Convention in practice following the adoption in 2007 of five new labour laws (the Labour Institutions Act, the Occupational Safety and Health Act, the Work Injury Benefits Act, the Employment Act and the Labour Relations Act), in particular on the following points.

Articles 1 and 6, paragraph 1, of the Convention. Scope of labour inspection: Supervision of conditions of work in agricultural undertakings. The Committee requests the Government to indicate whether the 2007 Labour Institutions Act and the 2007 Occupational Safety and Health Act apply to agricultural workers.

With reference to its previous comments, it also once again requests the Government to provide information that is as detailed as possible on labour inspection activities in agricultural undertakings located in export processing zones (EPZs), specifying the measures taken to ensure the enforcement of occupational safety and health provisions, including the prevention of occupational risks linked, inter alia, to the use of agricultural equipment, pesticides and other chemical substances.

Articles 14 and 15. Lack of adequate personnel and appropriate means of transport. In its previous comments, the Committee emphasized the importance of ensuring appropriate means of action, in particular transport facilities, to labour inspectors, as the mobility of supervisory staff is a prerequisite for labour inspection, especially in agricultural undertakings which are by their nature far from urban centres and, in addition, often spread over large areas lacking public transport facilities. It urged the Government to take steps to identify needs and bring them to the attention of the financial authorities. In response, the Government states that there is no specific budgetary allocation for labour inspection in agriculture and the lack of personnel and means of transport is still an obstacle to labour inspectors in discharging their duties. However, the Government hopes that the necessary measures will be taken to remedy the situation as the relevant authorities have been informed of the needs in this respect.

Noting that there is no specific data available on agricultural undertakings and workers, the Committee invites the Government to take measures to carry out an objective assessment of the situation by identifying the agricultural undertakings liable to inspection (number, activity, size and location) and the workers engaged therein (number and categories), with a view to enabling an adequate allocation of financial resources and the setting of priorities for action in order to gradually meet needs, taking into account the national budget. It trusts that the Government will adopt measures to this end in the near future and will be in a position to report on them in its next report.

Articles 25, 26 and 27. Periodical and annual reports. The Committee notes with concern the persistent lack of specific data on labour inspection activities in the agricultural sector. The Government indicates in its report for 2007 that it is envisaged that a formal request for technical assistance will be prepared once the new laws have been enacted and additional personnel recruited. Further to the adoption in 2007 of the new labour laws, the Committee strongly encourages the Government to take steps to request ILO technical assistance with a view to improving data collection and management. The Committee once again hopes that the Government will soon be in a position to establish the conditions in which the Department of Labour can collect data on the activities of the inspection services under its control with a view to the publication of an annual report on the work of the inspection system in agriculture, either as a separate report or as part of its general annual report.

Labour inspection and child labour in agriculture. In response to the Committee’s previous comment concerning the measures taken to reduce child labour and the results of these measures, the Government mentions several measures, such as the establishment of a Child Labour Division, the provision of free primary education and school fee waivers for two years in secondary education, awareness-raising campaigns, international and national cooperation with development partners (ILO, UNICEF, UNDP, etc.) and the social partners, the implementation of the National Plan of Action through the Time-bound Programme, as well as enforcement through labour inspection.

With reference to its general observation of 1999, the Committee recalls that labour inspectors can play an important role in identifying and registering the child workforce in agricultural undertakings and therefore in establishing an educational framework for this population. Moreover, it emphasizes the need to develop labour inspection activities in the agricultural sector so as to highlight specific problems of children and young persons who are exposed to a high risk of accidents and occupational diseases due to the use of complex machines and chemical products. The Committee also emphasizes the important role of the labour inspection services in finding appropriate solutions. The Committee hopes that the implementation of the Time-bound Programme and the Decent Work Country Programme approved in 2007, which identifies the elimination of the worst forms of child labour as a national priority, will enable the labour inspection services to develop preventive and enforcement activities in agricultural undertakings. It requests the Government to provide detailed information on these activities, as well as examples of enforcement activities, and the progress achieved.