Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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:

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. National Child Labour Policy. The Committee had previously asked the Government to provide a copy of the National Child Labour Policy as soon as it is adopted. The Committee noted the Government’s indication that the draft National Child Labour Policy was in the process of being reviewed to reflect the changed circumstances including free primary education and the National Plan of Action on the Elimination of the Worst Forms of Child Labour. The Committee therefore asks the Government to provide a copy of the abovementioned National Plan of Action and the National Child Labour Policy once the latter has been reviewed and adopted.

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee had previously noted that the Penal Code does not seem to prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. It had asked the Government to indicate the measures taken or envisaged in this regard. The Committee noted the Government’s indication that the use, procuring or offering of a child for pornographic production or performances is prohibited under the Employment Bill and Children Act. However, the Committee noted that while section 15 of the Children Act states that a child shall be protected from exposure to obscene materials, it does not seem to prohibit the use, procuring or offering of a child for pornographic purposes. As regards the Employment Bill, the revised version, which will prohibit the employment of children in the worst forms of child labour, including pornography, has not yet come into force. Therefore, the Committee asks the Government to provide information on the progress made in adopting the revised version of the Employment Bill and to supply a copy of it as soon as it has been adopted.

Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted that the Government had not yet come up with a list of types of hazardous work. It had hoped that the list of types of work to be considered as hazardous would be adopted shortly, in consultation with the organizations of employers and workers concerned, in conformity with Article 4, paragraph 1, of the Convention. The Committee noted the Government’s information that it has developed a draft list of types of hazardous work in consultation with social partners and stakeholders. The list will be reviewed and presented to stakeholders for validation. The Committee trusts that, in reviewing the list of types of hazardous work, the Government will take into consideration relevant international standards, in particular, Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). It asks the Government to provide a copy of the list of types of hazardous work 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 had previously noted that under the ILO/IPEC subregional project on the prevention, withdrawal and rehabilitation of children engaged in hazardous work in commercial agriculture in Eastern Africa (COMAGRI project), a child labour monitoring system would be created as of 2004. It had also observed that the monitoring mechanism was geared towards establishing a permanent institutional child labour monitoring mechanism. The Committee noted the Government’s information that a Child Labour Monitoring System (CLMS) was developed and piloted under the COMAGRI project. However, the COMAGRI project ended in March 2005. The system will be reviewed and scaled up under the Time-bound Programme (TBP) and will be implemented from 2006–08. The Committee asks the Government to keep it informed on the revision and implementation of this monitoring system under the TBP.

Article 7, paragraph 1. Penalties. The Committee had previously requested the Government to provide information on the practical application of the penalties for the breach of the provisions prohibiting the worst forms of child labour. These provisions include sections 264 and 266 of the Penal Code, sections 10(1) and (2), 13(1), 16, 20 of the Children Act, 2001. The Committee noted the absence of information on this point. It once again requests the Government to provide information on the practical application of penalties laid down in the relevant provisions of the national legislation.

Article 7, paragraph 2. Effective and time-bound measures. The Committee had previously noted that a Time-bound Programme (TBP) was under preparation with the assistance of ILO/IPEC. It had asked the Government to provide information on the launching of the TBP and the areas covered by the programme. The Committee noted the Government’s information that the TBP was officially launched on 1 April 2005 by the Vice-President and the Minister of Home Affairs with the participation of the social partners and stakeholders. The TBP targets five towns and ten districts where child labour is prevalent: Nairobi, Kisumu, Mombasa, Eldoret, Kakamega, Kiambu, Busia, Siaya, Suba, Maragua, Kitui, Nyeri, Kitale, Kilifi and Samburu.

Clause (a). Prevent the engagement of children in the worst forms of child labour. Education. The Committee had previously observed that according to the statistics and information provided in the 1998–99 Child Labour Survey, primary education starts at 6 years of age and lasts seven years. According to this survey, the gross enrolment rate in primary education declined from 105 per cent in 1989 to 86.9 per cent in 1999 due to the deepening of poverty and the adverse effects of the structural adjustment programmes which introduced cost sharing in primary education. The Committee had also noted a low gross enrolment rate (approximately 21 per cent in 1999) in secondary education which starts when a child reaches 13 years of age. According to the survey, 1.3 million working children aged 5 to 17 were out of school in 1999 and that 18 per cent of these working children had no formal education. The Committee had noted with interest that from January 2003 the Government had implemented a policy on free and compulsory primary education. This policy aimed at eliminating all forms of payment to enrol in primary education, which resulted in 1.7 million enrolling in school. The Committee had further noted the Government’s statement that 2,000 former street children who were engaged in the worst forms of child labour were admitted into the National Youth Service which is a vocational training institution. The Committee noted the Government’s statement that it is committed to ensure free primary education to all children, including street children. To this end, the Government has developed a draft policy paper for street families that has been forwarded to the Cabinet for the necessary approval. The Committee asks the Government to provide a copy of this policy paper once it has been adopted.

Clause (d). Identifying and reaching out to children at special risk. 1. Street children. The Committee had previously noted that the Committee on the Rights of the Child (CRC/C/15/Add.160, 7 November 2001, paragraphs 57 and 61) had expressed grave concern at the high and increasing number of street children. In particular, it had noted their limited access to health, education and other social services, as well as their vulnerability to sexual and economic exploitation. The Committee noted the Government’s information that time-bound measures envisaged to protect street children include enforcing the free primary education policy, adoption of street family policy, awareness creation and direct support of street children. The Committee asks the Government to provide more detailed information on the abovementioned time-bound measures and their impact on protecting street children from labour and sexual exploitation.

2. Child victims and orphans of HIV/AIDS. The Committee had previously observed that the pandemic of HIV/AIDS has consequences on orphans who might more easily engage in the worst forms of child labour. It had noted that the Ministry of Health in collaboration with the Ministry of Labour and Human Resources Development was in the process of organizing a countrywide survey to determine the impact of HIV/AIDS on child labour. The Committee had requested the Government to supply a copy of this survey as well as to provide information on measures taken or envisaged to address the situation of these children. The Committee noted the Government’s statement that it will provide a copy of the survey as soon as it is conducted. It once again asks the Government to indicate the time-bound measures taken or envisaged to address the situation of child victims and orphans of HIV/AIDS.

Clause (e). Take account of the special situation of girls. Commercial sexual exploitation of girls. The Committee had previously observed that it is estimated that 10,000 to 30,000 children (mainly girls) are engaged in prostitution in Kenya. Noting the high number of girls involved in commercial sexual exploitation, the Committee had requested the Government to provide information on time-bound measures taken or envisaged in this regard. The Committee noted the Government’s indication that it undertakes to provide information on measures to remove girls from commercial sexual exploitation. It accordingly asks the Government to indicate effective and time-bound measures taken or envisaged in this regard.

Article 8. International cooperation and/or assistance. The Committee once again asks the Government to provide information on enhanced international cooperation and assistance in conformity with Article 8 of the Convention.

Part III of the report form. The Committee noted the Government’s indication that there have been no court decisions regarding the legislation relevant to the application of the Convention. It encourages the Government to supply any court decisions relevant to the application of the Convention, even if the provisions of the Convention as such were not among the focus of the decisions.

Part V of the report form. The Committee noted the absence of information on this point in the Government’s report. It once again requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the infringements reported, investigations, prosecutions, convictions and penal sanctions applied. In so far as possible, the information provided should be disaggregated by gender.