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Worst Forms of Child Labour Convention, 1999 (No. 182) - Kenya (RATIFICATION: 2001)

Other comments on C182

Observation

Direct Request

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Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee previously requested the Government to provide a copy of the National Child Labour Policy (NCLP) after it had been reviewed and adopted. The Committee notes the Government’s information that the NCLP has been adopted by the National Labour Board and forwarded to the cabinet for approval. It notes, however, the Government’s statement that the approval has been delayed as it is awaiting an amendment to institutionalize the child labour institutions under the Labour Institutions Act of 2007 which would enable the funding for such institutions from the Exchequer. Noting with regret that the Government has been referring to the adoption of this NCLP since 2004, the Committee requests the Government to take the necessary measures to ensure that the NCLP is adopted in the very near future. It requests the Government to supply a copy thereof once it has been adopted.

Article 4(1). Determination of hazardous work. The Committee had noted since 2005 the Government’s indication that it had developed a draft list of hazardous work in consultation with social partners and stakeholders and that the list was in the process of approval. The Committee once again notes the Government’s information that the List of Hazardous Work is currently undergoing the process of adoption. The Committee expresses the firm hope that the list of types of hazardous work will be adopted in the very near future and requests the Government to supply a copy thereof as soon as it has been adopted.

Article 5 of the Convention. Monitoring mechanisms. Child labour monitoring system in the commercial agricultural sector. The Committee previously noted the Government’s statement that it had been proposed in the action programme under the Tackling Child Labour through Education (TACKLE) project that the child labour monitoring system (CLMS) developed and piloted under the ILO–IPEC subregional project-COMAGRI be reviewed and upgraded and at the same time to develop linkages with other agencies dealing with children so as to create a central data system for children.

The Committee notes the Government’s information that the National Children Database developed by the National Council of Children Services and the Children Case Management Database developed by the Department of Children Services are the two initiatives that ensure a systematic collection and collation of data on child labour. The Committee also notes the Government’s information that the TACKLE project has supported various capacity building courses, including analyzing child labour data, labour inspection and child labour reporting to seventeen government officials in order to strengthen national and local structures on child labour monitoring, mainstreaming and reporting. The Committee requests the Government to provide information on the data collected by the National Children Database and the Children Case Management Database with regard to the worst forms of child labour, including statistical data on the number of children involved in the worst forms of child labour.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. National plan of action on elimination of child labour, 2004–15. The Committee previously noted that the Government had developed a National Plan of Action, 2004–15, with strategies aimed at immediately eliminating the worst forms of child labour and progressively eliminating child labour. It also noted that the Government had embarked on the implementation of Phase II of this project with the support of the ILO–IPEC and was entitled “Creating the enabling environment to establish models for child labour free areas in Kenya: Supporting the national action plan for the elimination of the worst forms of child labour” (SNAP-II). The Committee notes the Government’s information that the project has launched the child labour free zone concept in the three districts of Kitui, Busai and Kilifi where a child labour survey and capacity building of stakeholders on the planning and implementing intervention on elimination of child labour are being currently carried out. The Committee notes that according to the information available in the ILO/IPEC (SNAP project report), a total of 1,951 children (893 girls and 1,058 boys) were withdrawn and prevented from child labour through the provisions of educational services or training opportunities, and 27 children (26 girls and 1 boy) were withdrawn from commercial sexual exploitation. The Committee requests the Government to provide further information on the implementation of the national plan of action on elimination of child labour – Phase II, and the results achieved in terms of the number of children withdrawn and prevented from the worst forms of child labour in the agricultural sector in the three districts covered by the project.

Article 7(2). Effective and time-bound measures. Clauses (a) and (c). Prevent the engagement of children in the worst forms of child labour and ensure access to free basic education for all children removed from the worst forms of child labour. Free basic education. Following its previous comments, the Committee notes the Government’s information that the TACKLE project along with the Ministry of Education has implemented a policy on Non-formal education (NFE) and has supported a project on NFE for nomadic children in Samburu district. The Committee notes from the IPEC TACKLE project report of 2011 that according to the mid-term review of the Kenya Education Sector Support Programme (KESSP) of 2010, there has been significant progress on access to basic education in Kenya due to the implementation of the KESSP. It notes that through the implementation of the four action programmes within the TACKLE project, a total of 1,050 children have been withdrawn from child labour and enrolled back in schools or placed in skills training through apprenticeship, in addition to the 910 children who have been prevented from dropping out of school and from entering into child labour. According to a report of the Government of Kenya on the progress in attainment of the Millennium Development Goals of 2010, available on the UNESCO website, the enrolment rate in the NFE increased from 143,409 in 2008 to 163,340 in 2009, as well as in Technical Industrial Vocational and Entrepreneurship Training centres. Through the Kenyan Education Sector Support Programme (KESSP), the Government has expanded the school infrastructure, increased the classroom capacity in primary schools as well as increased the number of primary schools and non-formal schools in the country. The Committee notes, however, that according to the 2009 census results as referred to in the ILO–IPEC TACKLE project report, 2011, nearly four million children are out of school. While noting the measures taken by the Government, the Committee expresses its concern at the high number of children who are not attending school in Kenya. In view of the fact that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to continue to take effective and time-bound measures to facilitate access to free basic education. It requests the Government to provide information on the measures taken in this regard and the results achieved.

Clause (d). Identifying and reaching out to children at special risk. 1. Street children. In its previous comments, the Committee noted that the Committee on the Rights of the Child, in its concluding observations (CRC/C/KEN/CO/2, 19 June 2007, paragraph 63), had expressed deep concern at the large number of street children; the denial of their right to education and health; their vulnerability to sexual abuse and exploitation; and the lack of a systematic and comprehensive strategy to address the situation of street children. The Committee therefore encouraged the Government to redouble its efforts to protect these children from the worst forms of child labour and to provide for their rehabilitation and reintegration. The Committee notes the Government’s information that the Government, in partnership with ILO–IPEC is working to support the removal of children from street work and to enrol them in skills training programme and entrepreneurship training. The Committee requests the Government to provide information on the impact of the measures taken by the Government together with ILO–IPEC to protect street children from the worst forms of child labour and to provide for their rehabilitation and social integration. It also requests the Government to provide statistical information on the number of street children removed and rehabilitated.

2. Child victims and orphans of HIV/AIDS. The Committee previously noted the Government’s information that it has implemented a cash transfer programme for families with orphans and vulnerable children (OVC). The Committee noted that according to the United Nations General Assembly Special Session on HIV and AIDS (UNGASS) Country Report, Kenya 2008, the cash transfer programme for OVCs provides about US$15 a month to OVC households for health, school enrolment and retention, and food security. This programme was scaled up from 500 families in 2004–05 to 12,500 in 37 districts by the end of 2007. The Committee noted, however, that according to the ILO–IPEC TACKLE project report entitled “Combating child labour in Siaya District, Kenya through sustainable home grown school feeding programme” the Government of Kenya estimates that 1.78 million children are orphans in Kenya, half of them being due to HIV/AIDS related deaths, with 40 per cent of them living with their grandparents. The Committee notes the absence of information in the Government’s report on this matter. The Committee observes that HIV/AIDS has negative consequences for orphans, who are at a heightened risk of being engaged in the worst forms of child labour. It therefore once again requests the Government to redouble its efforts to protect child victims and orphans of HIV/AIDS from the worst forms of child labour, in particular by increasing their access to education. It also requests the Government to provide information on the measures taken in this regard and the results achieved.

Clause (e). Take account of the special situation of girls. Commercial sexual exploitation of girls. Following its previous comments, the Committee notes the information available in the ILO–IPEC SNAP project report that a total of 26 girls were withdrawn or prevented from commercial sexual exploitation. However, according to a report available on the website of the United Nations High Commissioner for Refugees, children are exploited in prostitution throughout Kenya, including in the coastal sex tourism industry, in the eastern khat cultivation areas, and near Nyanza’s gold mines. Brothel-based child prostitution is reportedly increasing in Migori, Homa Bay, and Kisii counties, particularly around markets along the border with the United Republic of Tanzania. The Committee requests the Government to take the necessary measures to protect girls from becoming victims of commercial sexual exploitation. It asks the Government to provide information on the measures taken in this regard as well as the measures taken or envisaged under SNAP-II project for the protection of girls from commercial sexual exploitation. It also requests the Government to provide statistical information on the number of children, in particular girls, who are, in practice, removed from the commercial sexual exploitation and rehabilitated.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that it has sent a copy of the Child Labour Analytical Report of 2009, while no such document has been supplied. The Committee requests the Government to provide any up-to-date statistical information obtained with regard to the worst forms of child labour in the country. It also requests the Government to provide a copy of the Child Labour Analytical Report along with its next report.