Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Abolition of Forced Labour Convention, 1957 (No. 105) - Kenya (Ratification: 1964)

The Committee notes with satisfaction the adoption of the Merchant Shipping Act, 2009, which has repealed the Merchant Shipping Act of 1967, which contained provisions punishing various breaches of discipline by seafarers with imprisonment (involving compulsory labour), even in circumstances where the ship or the life or health of persons were not endangered, as well as provisions, under which deserting seafarers could be forcibly returned on board ship to perform their duties.

The Committee also notes with satisfaction the adoption of the Labour Relations Act, 2007, which has repealed the Trade Disputes Act (Cap. 234), under which sentences of imprisonment (involving compulsory labour) could be imposed for participating in strikes.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. For many years, the Committee has been referring to certain provisions of the Penal Code, the Public Order Act and the Prohibited Publications Order, 1968, under which sentences of imprisonment (involving compulsory labour) may be imposed as a punishment for participating in certain meetings and gatherings, for the display of emblems or the distribution of publications signifying association with a political object or political organization. The Committee has noted the Government’s repeated statement in its reports that it is committed to bring the national legislation into conformity with the Convention. It notes from the Government’s latest report that the issues raised by the Committee have been brought to the attention of the relevant authorities. The Committee trusts that the provisions of the Penal Code, the Public Order Act and the Prohibited Publications Order referred to above will be brought into conformity with the Convention and that the Government will soon be in a position to report the progress made in this regard. It also asks the Government to provide information on various points raised in a more detailed request addressed directly to the Government.