Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Kenya (Ratification: 2001)

1. Legislative developments. Recalling its previous comments concerning the adoption of a new Constitution and the proposed Employment Bill, the Committee notes from the Government’s report that the proposed draft Constitution was rejected by a referendum held in November 2005 and the Employment Bill has not yet been enacted. The Committee requests the Government to keep it informed of any relevant changes in the legislation, particularly any progress made concerning the enactment of the Employment Bill. Recalling its previous comment concerning the need to prohibit discrimination at all stages of the employment process, the Committee requests the Government to ensure that the new legislation provides protection from discrimination also during recruitment, in accordance with the Convention.

2. Article 2. Obligation to declare and pursue a national policy to promote equality of opportunity with respect to employment and occupation. With regard to the laws and regulations applying the Convention to employment in the civil service and in export processing zones (EPZs), the Committee notes the Government’s indication that the civil service and EPZs are not excluded from the scope of the law. The Committee also notes the Service Commissions Act (Chapter 185, Laws of Kenya) and the regulations issued under it. With respect to the EPZs, the Committee requests the Government to confirm that the non-discrimination provisions of the proposed Employment Bill, once enacted, will be applicable to workers in EPZs.

3. Equality of opportunity and treatment of men and women. The Committee notes the study report on key gender and employment issues in agriculture and rural development as aspects of the poverty reduction strategy (Kenya country study), prepared at the request of the Ministry of Labour and Human Resource Development. One of the issues identified by the study report is the need to ensure that women benefit on an equal footing with men from agricultural support services. The Committee further notes the analysis of the situation of women in employment and occupation contained in the Sessional Paper No. 2 of 2006 on gender equality and development issued by the Ministry of Gender, Sports, Culture and Social Affairs. According to the Sessional Paper, participation of women in wage employment reached 29.6 per cent in 2004 (35.6 per cent in non-agricultural employment). In the civil service, women’s participation only increased from 24 per cent to 29.6 per cent between 1998 and 2003, with particular difficulties for women to access middle and senior positions. The paper sets out a number of measures that the Government intends to take with a view to enabling men and women to enjoy equal access to economic and employment opportunities, including awareness raising with a view to changing perceptions and traditions that perpetuate gender disparities, review of laws relating to impediments on access to and control of economic resources and the development of indicators of women’s participation in development. The Committee requests the Government to:

(a)   provide information on the specific action taken to implement the measures and recommendations set out in the abovementioned Sessional Paper and study report, and their impact on gender equality in employment and occupation;

(b)   continue to provide any relevant studies, surveys or reports, as well as updated statistical information concerning the position of men and women in the formal and informal labour market; and

(c)   continue to provide information on the participation of men and women in education and training, including concerning traditionally male-dominated occupations.

4. Equality of opportunity and treatment of ethnic minority groups. The Committee notes the Government’s statement that the Constitution provides for protection against all forms of discrimination for any groups or persons. In this regard, the Committee notes that legal protection from discrimination is indeed an important aspect of any national policy to promote equality in employment and occupation. However, the Committee notes that such legal protection alone may not be sufficient to promote equal opportunities for all groups of the population to appropriate training and education, as well as equal opportunities to access employment and occupations, including traditional livelihood activities. The Committee therefore requests the Government to provide information on any measures taken or envisaged to promote and ensure that minority groups enjoy work and employment opportunities on an equal footing with other parts of the population.

5. Article 3. Awareness raising. The Committee notes the Government statement that the Kenya Human Rights Commission, the Ministry of Labour, the Kenya Federation of Employers and Central Organization of Trade Unions were undertaking training and awareness-raising activities concerning equality. Please provide additional information on these awareness-raising and training activities, including examples of specific initiatives or programmes.