Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

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.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.