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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Kenya (Ratification: 2001)

Articles 1 and 2 of the Convention. The Committee notes with interest the promulgation on 27 August 2010 of a new Constitution which includes a comprehensive Bill of Rights and contains numerous provisions providing protection against discrimination, including provisions that the State or a person “shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth” (article 27(4) and (5)), thus broadening the list of prohibited grounds of discrimination. The Constitution also aims at promoting equality and diversity and it requires the State to take legislative and other measures such as affirmative action programmes and policies “designed to redress any disadvantage suffered by individuals or groups because of past discrimination” (article 27(6)). It creates a National Human Rights and Equality Commission, one of the functions of which is to promote gender equality and equity generally and to receive and investigate complaints (Part 5). The Committee further notes that the Constitution expressly states that the values and principles of public service include, inter alia, representation of Kenya’s diverse communities and affording adequate and equal opportunities for appointment, training, advancement, at all levels of the public service, of men and women, the members of all ethnic groups, and persons with disabilities (article 232(1)(h) and (i)). The Committee requests the Government to provide information on the practical application of the provisions of the 2010 Constitution on non-discrimination and equality, in particular on any legislative or practical measures taken or envisaged providing for affirmative action in favour of disadvantaged groups of the population and on any measures taken or envisaged to promote equal opportunity and treatment for all in the public service, including in the police and armed forces, and the results achieved.

The Committee is raising other points in a request addressed directly to the Government.