Unemployment Convention, 1919 (No. 2) - Kenya (RATIFICATION: 1964)

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The Committee notes the observations of the Central Organization of Trade Unions of Kenya (COTU-K), received on 1 September 2023. The Committee requests the Government to provide its comments in this respect.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Article 1 of the Convention. Measures to combat unemployment. The Committee notes that the Government indicates in its report that a strong, dynamic and responsive labour and employment sector is recognized as critical to implement the transformations required for the attainment of the Kenya Vision 2030, under which it aims at creating 1 million jobs annually with the flagship projects. The Committee also notes that the Second Medium-Term Plan 2013–17 has been developed to realize the objectives of Kenya Vision 2030 and includes labour and employment as one of its sectors. It also notes that the Ministry of Labour, Social Security and Services has taken a role to undertake part of programmes and projects outlined in the Second Medium-Term Plan, including carrying out the framework provided in the Sessional Paper on the National Employment Policy and Strategy for Kenya with an emphasis on employment creation. The Government indicates that different measures have been conducted with the assistance of the ILO to promote employment in 2012, in line with the Decent Work Country Programme. The Committee notes that the Government will endeavour to consult the National Labour Board to decide on the way forward in relation to the ratification of the Employment Policy Convention, 1964 (No. 122), and the Private Employment Agencies Convention, 1997 (No. 181). The Committee requests the Government to continue to provide information on the measures taken to combat unemployment, including the implementation of the Second Medium-Term Plan 2013–17 of Kenya Vision 2030, as well as the results of the measures implemented with the assistance of the ILO. The Committee also requests the Government to include information on new measures taken to build institutions for the realization of full employment and encourages the National Labour Board to hold consultations on the ratification of Conventions Nos 122 and 181.

Article 2(2). Coordination between employment services. The Committee notes that the National Labour Board advises the Director of Employment on matters concerning the operations of the private agencies through the provision of guidelines on granting applications for registration of an employment agency based on periodic reports and briefings provided by the Director to inform the Board on emerging issues pertaining to the accreditation process. The Committee requests the Government to continue to provide information on the manner in which the coordination of the operations of public and private employment agencies is ensured.

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Article 1 of the Convention. Measures to combat unemployment. The Committee notes that the Government indicates in its report that a strong, dynamic and responsive labour and employment sector is recognized as critical to implement the transformations required for the attainment of the Kenya Vision 2030, under which it aims at creating 1 million jobs annually with the flagship projects. The Committee also notes that the Second Medium-Term Plan 2013–17 has been developed to realize the objectives of Kenya Vision 2030 and includes labour and employment as one of its sectors. It also notes that the Ministry of Labour, Social Security and Services has taken a role to undertake part of programmes and projects outlined in the Second Medium-Term Plan, including carrying out the framework provided in the Sessional Paper on the National Employment Policy and Strategy for Kenya with an emphasis on employment creation. The Government indicates that different measures have been conducted with the assistance of the ILO to promote employment in 2012, in line with the Decent Work Country Programme. The Committee notes that the Government will endeavour to consult the National Labour Board to decide on the way forward in relation to the ratification of the Employment Policy Convention, 1964 (No. 122), and the Private Employment Agencies Convention, 1997 (No. 181). The Committee requests the Government to continue to provide information on the measures taken to combat unemployment, including the implementation of the Second Medium-Term Plan 2013–17 of Kenya Vision 2030, as well as the results of the measures implemented with the assistance of the ILO. The Committee also requests the Government to include information on new measures taken to build institutions for the realization of full employment and encourages the National Labour Board to hold consultations on the ratification of Conventions Nos 122 and 181.

Article 2(2). Coordination between employment services. The Committee notes that the National Labour Board advises the Director of Employment on matters concerning the operations of the private agencies through the provision of guidelines on granting applications for registration of an employment agency based on periodic reports and briefings provided by the Director to inform the Board on emerging issues pertaining to the accreditation process. The Committee requests the Government to continue to provide information on the manner in which the coordination of the operations of public and private employment agencies is ensured.

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Measures to combat unemployment. The Committee notes the Government’s report received in September 2009. The Government reports that it continues to implement the Economic Recovery Strategy for Wealth and Employment Creation (ERSWEC), 2003–07, which provides a framework for enabling microeconomic and sectoral policies that are vital for rapid economic growth deemed necessary for employment generation and poverty reduction. The Committee notes that, while a comprehensive evaluation of the results has yet to be conducted, the national economy generated 450,000–500,000 jobs annually during the 2003–07 period. The Government reports that it shall continue to provide achievements of the ERSWEC and the newly launched Kenya Vision 2030. The Committee invites the Government to include in its next report information regarding the Kenya Vision 2030, and to continue providing information on the results achieved under the ERSWEC to combat unemployment (Article 1 of the Convention).

Coordination between employment services. The Committee notes the Government’s new Labour Institutions Act, 2007, which aims at regulating private employment agencies. To this end, the Act sets forth requirements for registration, duties of persons conducting employment agencies, application for registration and deregistration, powers of employment officers, appeals and offenses. The Committee further notes that, according to these requirements, the Director must consult the Board prior to granting the application for registration of an employment agency. The Committee invites the Government to include in its next report information regarding how the Board advises the Director on matters concerning the operations of the agencies.

The Committee also refers the Government to its General Survey on employment (2010), and invites the Government and the social partners to contemplate ratifying more recent instruments regarding the issues covered by Convention No. 2 of 1919, that is, the Employment Policy Convention, 1964 (No. 122), and the Private Employment Agencies Convention, 1997 (No. 181).

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1. Measures to combat unemployment. In reply to the Committee’s previous direct request, the Government refers to the adoption of the Economic Recovery Strategy for Wealth and Employment Creation (ERSWEC) which recognizes employment as an important means of empowering human capital and achieving national development objectives. Employment has been made an overarching goal of macroeconomic and sectoral policies with a view to ensuring expansion and productive employment. The Committee recalls the final remarks of its 2004 General Survey on promoting employment (see paragraph 490) and encourages governments, in consultation with the social partners, to ensure that the competent authorities responsible of other policy areas are aware of their obligation to consider employment objectives when formulating economic and social policies. In this regard, the Committee requests the Government to continue providing information on the results achieved under the ERSWEC to combat unemployment (Article 1 of the Convention).

2. Coordination between employment services. In its report, the Government indicates that there are a few private employment agencies, the majority of which are fee-charging. A new section of the revised labour laws is aimed at coordinating the operation of employment agencies and protecting jobseekers from exploitation. The Committee would appreciate examining the new legislative provisions that ensure the coordination of the operations of employment services (Article 2). The Government might consider it useful in this respect to refer to the Private Employment Agencies Convention, 1997 (No. 181), and Private Employment Agencies Recommendation, 1997 (No. 188), adopted by the International Labour Conference at its 85th Session (June 1997).

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The Committee notes the information contained in the Government's detailed report for the period ending September 1999. It notes with interest that the Government has been working closely with the ILO/EAMAT team and other international organizations to improve its employment policies, and that the Government has developed an ambitious programme to promote job creation, at an anticipated rate of 455,000 new jobs per year in the 1996-2010 period. The Committee also notes the Government's statement that a draft policy document was prepared, based on a 1994-95 ILO technical cooperation project on employment policy and employment programmes. It would appreciate receiving further information in the Government's next report on whether the draft policy was adopted and what programmes have been established to give it effect.