Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Forced Labour Convention, 1930 (No. 29) - Kenya (Ratification: 1964)

In previous comments the Committee has noted that, under sections 13 to 18 of the Chief's Authority Act (Cap. 128), 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. It has expressed the hope that these sections would be either repealed or amended so as to meet the criteria for "minor communal services" which are exempted from the scope of the Convention under Article 2, paragraph 2(e).

The Committee previously noted the Government's intention to repeal or to amend sections 13 and 17 of the Act, so as to restrict their scope and bring them within the exception provided for in Article 2, paragraph 2(e), of the Convention, as it was recognized that in law the aforementioned sections of the Act are not in full conformity with the Convention.

The Committee notes that, in its latest report, the Government reaffirms its intention to amend the relevant sections of the Act in order to bring its various provisions into conformity with the Convention. The Committee notes from the Government's report and an annexed press clipping that it is the Government's intention to repeal the Act and replace it by an Administrative Officers Authority Act. The Committee notes that certain members of parliament have referred to "the apparent misuse of the Chief's Authority Act by local administration" and have asked that the Act be repealed without replacement.

The Committee requests the Government to provide information on the action taken for repealing the Act or, if the Act is replaced or amended, of the provisions adopted to this effect. The Committee hopes that any such provisions will be in conformity with the Convention.

The Committee previously requested the Government to provide information on the organization of and results achieved in soil conservation through the "Harambee effort".

Noting the Government's indication that it would report on results achieved, the Committee hopes that the Government will provide full information on the results of "Harambee" as well as on its organization.