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Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Convention (n° 29) sur le travail forcé, 1930 - Kenya (Ratification: 1964)

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The Committee has noted the information provided by the Government in reply to its earlier comments.

Over a number of years the Committee has been referring to sections 13 to 18 of the Chief’s Authority Act (Cap. 128), according to which able-bodied male persons between 18 and 45 years of age may be required to perform any work or service in connection with the conservation of natural resources for up to 60 days in any year. On many occasions it expressed the hope that these sections would be either repealed or amended so as to give effect to the Convention.

The Committee noted that the amendments introduced by Act No. 10 of 1997 not only failed to bring the legislation into compliance with the Convention, but even raised the maximum age limit for call-up for compulsory labour from 45 years to 50 years. The Government indicated in its previous report that a comprehensive labour law revision project would be undertaken in consultation with the social partners and with the technical assistance of the ILO, and that the labour law reform would integrate amendments/repeals requested by the Committee.

In its latest report, the Government confirms that the task force on the review of labour laws will address the issue of repeal/amendment of sections 13 to 18 of the Chief’s Authority Act to bring them into compliance with the Convention.

The Committee urges the Government to take the necessary measures to ensure that the legislation is brought into conformity with the Convention and asks the Government to supply a copy of the amendments, as soon as they are adopted.

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