Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Minimum Age Convention, 1973 (No. 138) - Kenya (Ratification: 1979)

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted the Government’s indication that it had established several social support programmes, including the Cash Transfer Programmes to Orphans and Vulnerable Children (CT–OVC); Urban Food Subsidy; and several bursaries such as the Presidential Bursary Scheme for Orphans and Vulnerable Children. It further noted several activities undertaken by the ILO–IPEC, through the Global Action Programme (GAP 11) as well as the achievements made under the Support to the National Action Plan (SNAP) project. The Committee, however, noted from the SNAP project report that child labour remained a developmental challenge in Kenya that was linked to issues such as access to education, skills training and related services, social protection and the fight against poverty. The Committee therefore strongly encouraged the Government to strengthen its efforts to improve the situation of children under the age of 16 years and to ensure the progressive elimination of child labour in the country.

The Committee notes the detailed information provided by the Government in its report on the measures taken to eliminate child labour through improving the functioning of the educational system. In this regard, the Committee notes the measures taken to improve school enrolment and attendance rates and reduce drop-out rates, such as the implementation of: (i) free primary education policy; (ii) provision for primary school infrastructure improvement grants; and (iii) the implementation of feeding programmes in selected primary schools in arid and semi-arid lands (ASAL), slums and poverty-stricken areas.

The Committee further notes the information from the ILO website that in October 2016, the National Assembly of Kenya adopted a National Policy on Elimination of Child Labour (NPCL) which aims at building synergies and mainstreaming child labour interventions in national, county and sectoral policies. The National Policy focuses on strategies that are aimed at the prevention, identification, withdrawal, rehabilitation and reintegration of children involved in all forms of child labour. It also notes from the Government’s report to the Human Rights Council that a National Plan of Action (NPA) for Children 2015-2022 has been adopted which proposes to implement programmes for children (A/HRC/WG.6/35/KEN/1, paragraph 16).

However, the Committee notes the Government’s further indication that 17 per cent of children aged between 5-17 years are involved in child labour with the agricultural and domestic sectors being the main areas where child labour is more prevalent. The Committee further notes from the UNICEF Situation Analysis of Children and Women in Kenya, 2017 that a total of 9.5 million children in Kenya are experiencing multidimensional child poverty. While noting the measures taken by the Government, the Committee must express its concern at the significant number of children who are involved in child labour and are at risk of being engaged in child labour. The Committee therefore urges the Government to intensify its efforts to improve the situation of children under the age of 16 years and to ensure the progressive elimination of child labour in the country. It requests the Government to continue to provide specific information on the concrete measures taken in this regard, including the measures taken within the framework of the NCLP and the NPA 2015-2022 as well as the results achieved. The Committee also requests the Government to provide detailed information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment of children and young persons, extracts from the reports of the inspection services, and information on the number and nature of violations detected and penalties applied involving children and young persons.

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