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Dock Work Convention, 1973 (No. 137) - Kenya (RATIFICATION: 1979)

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Article 2 of the Convention. Permanent or regular employment. Application in practice. The Committee notes with interest the information provided by the Government, indicating that, as of 31 August 2017, all of the 4,845 dockworkers employed by the Kenya Ports Authority (KPA) are engaged on a permanent and pensionable basis. The Committee requests the Government to continue to provide information on the number of dockworkers employed by the Kenya Port Authority, the variations in their numbers and on their engagement on a permanent and pensionable basis. It also reiterates its request that the Government provide a copy of the collective bargaining agreement applicable to dockworkers.

Article 6. Safety, health, welfare and vocational training provisions. The Committee notes the information provided by the Government on the occupational safety and health measures implemented by the KPA. It adds that the KPA provides induction and continuous safety training for all dockworkers, personal protective equipment and routine medical check-ups for relevant occupational diseases. The Committee notes with interest that KPA also provides employee assistance programmes for dockworkers promoting work-life balance and stress reduction to prevent alcohol, drug and substance abuse, as well as sports and recreation programmes. In its 2002 General Survey on dock work, paragraphs 86 and 169, the Committee noted that the current reference instruments in the areas of occupational safety and health for dockworkers are the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), and its corresponding Recommendation (No. 160). The Committee draws the Government’s attention to the invitation made by the Governing Body to member States having ratified instruments on the protection of dockworkers to consider the possibility of ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152). The Committee invites the Government to continue to provide information relative to the safety, health, welfare and vocational training provisions applicable to dockworkers, as well as information on the manner in which these provisions are applied in practice.

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Part V of the report form. The Committee notes the information provided by the Government in October 2012 on the number of dockworkers employed over the last five years. The Government also provides information on the number of employees having benefited from vocational training. The Committee invites the Government to continue providing information on the number of dockworkers employed by the Kenya Ports Authority and of variations in their numbers. Please also supply a copy of the collective bargaining agreement applicable to the sector, as well as more specific information on the measures taken to ensure that appropriate safety, health, welfare and vocational training provisions are in place for dockworkers (Article 6 of the Convention).

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Part V of the report form. The Committee notes the detailed information provided by the Government on the numbers of dockworkers employed by the Kenya Ports Authority. The Government also mentions in its report a collective bargaining agreement which has been referred to the Industrial Court for registration. The Committee invites the Government to continue providing information in its next report on the number of dockworkers employed by the Kenya Ports Authority and of variations in their numbers. Please also supply a copy of the collective bargaining agreement applicable to the sector, as well as more specific information on the measures taken to ensure that appropriate safety, health, welfare and vocational training provisions are in place for dockworkers (Article 6 of the Convention).

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Part V of the report form. The Committee notes that the information on the numbers of dockers in the port of Mombasa and their terms of employment was not received with the report submitted in August 2007. In October 2007, the ILO requested that this information be supplied for its examination by the Committee. The Committee invites the Government to provide information on the results achieved at the tripartite level in improving the efficiency of work in ports. In particular, the Committee would appreciate receiving information on the number of dockworkers employed by the Kenya Ports Authority, and by other companies, and of variations in their numbers. Please also supply information on the measures taken to ensure that appropriate safety, health, welfare and vocational training provisions also apply to dockworkers (Article 6 of the Convention).

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[The Government is asked to reply in detail to the present comments in 2009.]

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The Committee notes the Government’s report received in September 2002, including the collective bargaining agreement for 2002-03 between the Kenya Ports Authority and the Dockworkers’ Union in respect of unionizable employees. It invites the Government to supply in future reports general information on the practical effect given to the Convention, including for example extracts from reports of the Kenya Ports Authority, and available particulars on the numbers of dockworkers in the port of Mombassa and of variations in their numbers during the period covered by the reports (Part V of the report form).