Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee had 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 that, while the Government states that it has sent a copy of the NCLP with its report, no such document has been supplied. The Committee therefore requests the Government to provide a copy of the NCLP along with its next report.

Article 3. 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 requested the Government to provide information on the progress made in adopting the revised version of the Employment Bill which contains a prohibition on the employment of children in the worst forms of child labour, including pornography. The Committee notes with interest that, by virtue of section 53(1) of the newly adopted Employment Act of 2007, no person shall employ a child (defined as persons not having attained the age of 18 years, according to section 2 of the Act) in any activity which constitutes worst forms of child labour. According to section 2 of the Employment Act, “worst forms of child labour” with respect to juveniles, includes among others, their employment, engagement or usage in any activity comprising of the use, procuring or offering of a child for the production of pornography or for pornographic performances.

Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted the Government’s indication that it had developed a draft list of hazardous work in consultation with social partners and stakeholders. It had requested the Government to provide a copy of the list of types of hazardous work as soon as it had been adopted. The Committee notes the Government’s statement that the stakeholders have approved a list of the types of hazardous work which will be presented to the National Labour Board for final approval before the Minister assents to it as part of legislation. The Committee further notes that, while the Government indicates that it has sent a copy of the list of types of hazardous work along with its report, no such list was in fact sent to the Office. The Committee therefore once again requests the Government to supply a copy of the list of the types of hazardous work as soon as it has been approved by the National Labour Board.

Article 5 of the Convention. Monitoring mechanisms. 1. Child labour monitoring system in the commercial agricultural sector. Following its previous comments, the Committee notes the Government’s information that the child labour monitoring system (CLMS) developed and piloted under the ILO/IPEC subregional project on the prevention, withdrawal and rehabilitation of children engaged in hazardous work in commercial agriculture (COMAGRI project) was not included in the Time-bound Programme (TBP) of 2004–08. The Committee notes the Government’s indication that the CLMS will be upgraded under the new project called “TACKLE – moving children from work to school” launched by ILO/IPEC in June 2008 which aims to tackle child labour through education in 11 countries, including Kenya. The Committee requests the Government to provide information on the implementation of the child labour monitoring system under the TACKLE project and the results achieved.

2. Other monitoring mechanisms. The Committee notes the Government’s information under its report on the National Plan of Action on Elimination of Child Labour in Kenya, 2004–15 (National Plan of Action, 2004–15), that the District Child Labour Committees (DCLC) formed at the district level and the Community Child Labour Committees (CCLC) at the community level are entrusted with the mandate to monitor the implementation of the National Plan of Action, 2004–15. It also notes that an Inter-Ministerial Coordination Committee to coordinate all aspects of the implementation of the National Plan of Action will be developed and the National Steering Committee on Child Labour will be strengthened to effectively deal with issues on the worst forms of child labour. The Committee requests the Government to provide information on the activities of the DCLC, CCLC, the Inter-Ministerial Coordination Committee and the National Steering Committee and their impact on the elimination of 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 notes that the Government 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 notes the information contained in the report on the National Plan of Action, 2004–15, in particular the identifications of the factors that contribute to child labour, such as poverty, the HIV/AIDS pandemic, insecurity and conflicts, cultural practices that enhance child labour, weak institutions of enforcement and implementation. The Committee also notes that the TBP of 2004–08 supported the implementation of the National Plan of Action, 2004–15 by targeting sectors known to employ children such as domestic service, commercial sexual exploitation, commercial and subsistence agriculture, fisheries, street children and children working in the informal sector. Moreover, the worst forms of child labour in the transport, construction and mining sector will be targeted for detailed study with a view to incorporating them in its future programmes and projects. The Committee requests the Government to provide information on the implementation of the National Plan of Action, 2004–15 and the results achieved in terms of the elimination of the worst forms of child labour in the sectors targeted by the above National Plan of Action. It also requests the Government to provide information on the programmes of action established for the elimination of worst forms of child labour in the transport, construction and mining sectors under the National Plan of Action, 2004–15.

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 and 20 of the Children Act, 2001. The Committee notes the Government’s statement that the officials from the judiciary have the discretion to hand down the appropriate penalties depending on the offence committed. However, the Government does not provide any information on the practical application of the penalties envisaged in the above sections. The Committee also notes that, by virtue of section 64(2) of the Employment Act of 2007, a person who uses a child in any activity constituting the worst forms of child labour commits an offence and shall on conviction be liable to a fine not exceeding 200,000 Kenya shillings (KES) or to imprisonment for a term not exceeding 12 months or to both. The Committee once again requests the Government to provide information on the practical application of the penalties laid down in the relevant provisions of the Penal Code, Children Act and the Employment Act of 2007, including reports on the number and nature of infringements reported, investigations carried out, legal proceedings, convictions and the penal sanctions imposed.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Free and basic education. The Committee had previously noted that from January 2003 the Government had implemented a policy on free basic education for all children. The Committee notes that, according to the report on the National Plan of Action, 2004–15, since the introduction of free primary education, the primary school enrolment, attendance and completion rates have increased from 5.9 million to 7.5 million children with the net enrolment rates increasing from 77 per cent in 2002 to 84 per cent in 2005. However, it notes that about 1.7 million children between the ages of 6 and 14 years were not able to access education in 2004 and that in the northern part of Kenya less than 23 per cent of children were enrolled in primary schools. The Committee notes that the TBP project of 2004–08 targeted the withdrawal of and the prevention from exploitative and hazardous work of 20,000 children through education and non-education services. Out of this, 5,000 children were targeted to receive non-formal transitional education, vocational, pre-vocational or skills training. According to the ILO/IPEC Technical Progress Report of 2004 on the COMAGRI project, a total of 2,363 children (1,069 girls and 1,294 boys) have been withdrawn from hazardous labour and placed in primary schools as well as in vocational training facilities. The Committee also notes that, within the context of the ILO/IPEC project “Building the Foundations for Eliminating the Worst Forms of Child Labour in Anglophone Africa” (Technical Progress Report, September 2005), a total of 453 children (216 girls and 237 boys) were withdrawn from the worst forms of child labour and supported to undergo skills training. The Committee further notes that the new project called “TACKLE – moving children from work to school” launched by ILO/IPEC in 2008 aims to strengthen the legal framework on child labour and education and to increase institutional capacities to formulate and implement strategies to eliminate child labour. The Committee encourages the Government to strengthen its efforts to improve children’s access to free basic education, in particular children living in disadvantaged areas, especially in the northern part of the country. It also requests the Government to provide information on the measures taken under the TBP and TACKLE, and their impact on improving the access of children to free basic education. It further requests the Government to provide information on the number of children withdrawn from the exploitative and hazardous work and provided with education or vocational and skills training under the TBP.

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 notes the Government’s statement that it is committed to the implementation of free basic education to all children, including street children, and that it has developed a draft policy paper for street families. It also notes the Government’s information that the street family policy provides for time-bound measures to protect street children from labour and sexual exploitation. It further states that the policy paper will be sent once it has been adopted. The Committee notes the information provided in the report on the National Plan of Action,
2004–15 that, in Kenya, more than 300,000 children live on the streets. The Committee requests the Government to provide information on the time-bound measures taken within the context of the street family policy to protect street children from the worst forms of child labour and to ensure their rehabilitation and social integration. Moreover it asks the Government to provide information on the number of street children who have been withdrawn and reintegrated into the educational system.

2. Child victims and orphans of HIV/AIDS. Following its previous comments, the Committee notes the Government’s information that the time‑bound measures envisaged to address the situation of child victims and orphans of HIV/AIDS are covered within the framework of the National Plan of Action, 2004–15. The Committee notes that the objectives of the National Plan of Action, 2004–15 include, among others: to ensure access to education and training to all children at risk; to ensure that poverty and wealth creation policies and all anti-poverty programmes target communities prone to worst forms of child labour; and to ensure that vulnerable children are given adequate protection from engaging in the worst forms of child labour. The Committee notes that in Kenya about 1.1 million children have been rendered parentless due to the HIV/AIDS pandemic. Many of these children are reported to be out of school due to many factors ranging from lack of food to absence of guidance and supervision (report on the National Plan of Action, 2004–15). The Committee requests the Government to provide information on the impact of the time-bound measures taken within the framework of the National Plan of Action 2004–15 or any other measures taken or envisaged to protect child victims and orphans of HIV/AIDS from the worst forms of child labour.

Clause (e). Take account of the special situation of girls. Commercial sexual exploitation of girls. The Committee notes that the commercial sexual exploitation of children which was one of the targeted sectors within the TBP was considered as the sector which needed urgent attention in the efforts to eliminate the worst forms of child labour. The Committee requests the Government to provide information on the impact of those measures taken within the TBP, particularly statistical data on the number of girls who are in practice removed from commercial sexual exploitation and who are rehabilitated.

Part V of the report form. The Committee notes the Government’s information that the Central Bureau of Statistics has undertaken a survey on child labour in the country including the nature, extent and trend of the worst forms of child labour, which is still a draft. The Committee requests the Government to provide a copy of the survey undertaken by the Central Bureau of Statistics, as soon as it becomes available.