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

Other comments on C138

Observation

Direct Request

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Article 8 of the Convention. Artistic performances. Regarding the Committee’s previous request for information on the progress made in the adoption of the regulations concerning the participation of children in artistic performances, the Committee notes the Government’s indication, in its report, that section 56 of the Employment Act, 2007, prohibits the employment of all children under the age of 13 regardless of industry. The Government adds that the employment of children between 13 and 16 is only permissible in light work. The Committee observes that, according to section 12(4)(a) of the Employment (General) Rules of 2014, children between the ages of 13 and 16 may only be employed in the types of light work specified in the Fifth Schedule, and that the Fifth Schedule does not include any type of work related to artistic performances.

The Committee therefore understands that the engagement of children under the age of 16 in artistic performances in not permissible by law. The Committee requests the Government to confirm that children under the age of 16 cannot be engaged in artistic performances in Kenya. It also requests the Government to clarify whether the adoption of regulations concerning the participation of children in artistic performances is envisaged in the near future.

Labour inspection. The Committee notes that the Government acknowledges, in its report, the challenges in receiving the correct statistical data on the employment of children from labour inspections, as children are often employed informally.

In this regard, the Committee notes the Government’s information that the Ministry of Labour and Social Protection (MoLSP) has developed a Child Labour Inspection tool aimed to help the Labour Inspectorate improve their reporting on child labour and collect data on cases, whether informal or not. Moreover, the Government indicates that the MoLSP is in the process of establishing County Child Labour Committees (CCLCs), five of which have already been established. The CCLCs are constituted of representatives of several stakeholders, including the Labour Department, the Department of Children’s Services, the Department of Education, the Gender Department, the Directorate of Criminal Investigation, and civil society organizations. It is intended that the Labour Inspectorate raise awareness on child labour through these CCLCs, and that the CCLCs act as a network to report cases of child labour. The Committee requests the Government to continue taking all the necessary measures to strengthen the capacities of the Labour Inspectorate with a view to ensuring the detection of cases of child labour in all sectors of the economy, including in the informal economy. It requests the Government to provide information on the number of inspections carried out in relation to child labour, the number and nature of violations detected, both by the Labour Inspectorate and the CCLCs, and the types of sanctions imposed.