Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Other comments on C138

Observation

Direct Request

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition
Article 2(3) of the Convention. Age of completion of compulsory schooling. As regards compulsory education and measures to improve the functioning of the educational system as well as statistical information concerning school enrolments, the Committee refers to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No.182).
Article 3(2). Determination of hazardous work. With regard to the application in practice of section 16 of the Employment (General) Rules of 2014 on the list of hazardous types of work, the Committee refers to its detailed comments under the Worst Form of Child Labour Convention, 1999 (No.182).
Article 8. Artistic performances. The Committee previously noted from the Report of the Ministry of Labour, Social Security and Services (Report of the MoLSS) to the ILO direct contacts mission visit of August 2014 that the rules and regulations concerning the participation by children below 18 years in advertising, artistic and cultural activities would be submitted to the Attorney General’s Office for gazettement. According to this report, this regulation includes provisions related to contracts of employment, remuneration, hours of work, areas of protection and offences and legal proceedings. The Committee expressed the firm hope that the regulations concerning the participation of children in artistic performances would be adopted in the near future.Noting the absence of information in the Government’s report, the Committee once again requests the Government to take the necessary measures to ensure that the regulations concerning the participation of children in artistic performances are adopted without delay, and to provide information on any progress made in this regard.