Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Kenya (Ratification: 1979)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Articles 1 and 6(1) of the Convention. Scope of labour inspection: Supervision of conditions of work in agricultural undertakings. The Committee takes due note of the information provided by the Government pursuant to its previous requests. It notes that the scope of the 2007 Labour Institutions Act and the 2007 Occupational Safety and Health (OSH) Act also cover agricultural workers.

The Committee also notes that, according to the Government, Legal Notice No. 227/1990 which exempted establishments located in export processing zones (EPZs) from the application of the health and safety legislation, is now null and void and that the provisions of the OSH Act apply to all workplaces, including those in EPZs. The Committee would be grateful if the Government could indicate in its next report the measures taken to ensure the enforcement of occupational safety and health provisions and the results achieved, including with regard to the prevention of occupational risks linked, inter alia, to the use of agricultural equipment, pesticides and other chemical substances.

Articles 14 and 15. Lack of adequate personnel and appropriate means of transport. The Committee notes once again the indication by the Government that there is still no specific budgetary allocation for labour inspection in agriculture and the Department still suffers from serious staff shortage as no new staff has been engaged since 1994. The budgetary allocation has instead been reduced owing to the prevailing economic slowdown and food crisis being experienced in the country. The Committee notes meanwhile the Government’s commitment to take the necessary measures to remedy the situation once the economic situation improves.

The Committee considers that it would be unfortunate if the current context of global economic crisis led to a further deterioration of the conditions of work and the protection of workers through inter alia, a weakening of the entity entrusted with securing the enforcement of legal provisions in a sector of vital importance such as agriculture. The Committee emphasizes that the Global Jobs Pact adopted by the International Labour Conference at its 98th Session (June 2009) makes specific reference to the ILO standards relevant to labour inspection as part of a strategy of exit from the global economic crisis, a strategy aimed at preventing a downward spiral in labour conditions and building the recovery.

The Committee recalls that, according to Article 14 of the Convention, arrangements should be made to ensure that the number of labour inspectors in agriculture is sufficient to secure the effective discharge of their duties and that such numbers should be determined with due regard for, inter alia, the material means placed at the disposal of the inspectors. Moreover, Article 15 provides that labour inspectors should be furnished with the transport facilities necessary for the performance of their duties. The Committee cannot emphasize enough the importance of ensuring adequate and appropriate means of action, in particular transport facilities, to labour inspectors, as the mobility of supervisory staff is a prerequisite for labour inspection, especially in agricultural undertakings which are by their nature far from urban centres and, in addition, often spread over large areas lacking public transport facilities.

Finally, with reference to its general observation of 2009, the Committee emphasizes that the absence of data on the number of agricultural undertakings liable to inspection and the number of workers employed therein represents an insurmountable obstacle for any assessment of the rate of coverage by labour inspection services in relation to their scope, as defined in national legislation, and makes it impossible to evaluate the budgetary resources to be allocated to this public function, either for the determination of the appropriate number of labour inspectors or the necessary material resources and transport facilities for the discharge of their functions (Articles 14, 15 and 21) or the provision of specific training (Article 9).

Referring to its 2009 general observation, the Committee once again urges the Government to carry out an objective assessment of the situation by identifying the agricultural undertakings liable to inspection (number, activity, size and location) and the workers engaged therein (number and categories), with a view to enabling an adequate setting of priorities for action and provision of relevant financial resources, in the framework of the national budget and/or a request for international financial assistance to the same end. It requests the Government to indicate in its next report any measures adopted in relation to the above and the results achieved.

Articles 25, 26 and 27. Periodical and annual reports. The Committee notes that no annual report has been received and that, for a number of years, it has been noting with concern the persistent lack of specific data on labour inspection activities in the agricultural sector. The Committee notes from the Government’s report that disaggregated data on the activities of the labour inspectorate in agricultural undertakings, including in EPZs, are still not available, primarily due to lack of personnel, and that the Government envisages a formal request to the ILO for technical assistance with a view to improving data collection and management.

While regretting the persistent lack of progress in this area, the Committee notes that section 42 of the Labour Institutions Act, 2007, which applies to agriculture, provides that the Commissioner for Labour shall prepare and publish, not later than 30 April each year, an annual report on the activities undertaken in his/her department, the content of which largely corresponds to Article 27 of the Convention. Furthermore, section 25 of the OSH Act, which also applies to agriculture, provides for the development and maintenance of an effective programme for the collection, compilation and analysis of occupational safety and health statistics covering occupational accidents and diseases, as well as the existence of an accident database where information sent through the DOSH1 form is entered.

The Committee emphasizes that disaggregated data on labour inspection activities in the agricultural sector, including in EPZs, can provide national authorities with a regular means of assessing the extent to which the available means match requirements, and constitute an invaluable and regular source of practical information and numerical data that is indispensable for the evaluation of the application of the Convention. The Committee also notes that such data can be reflected either in the general labour inspection annual report or in a separate report.

The Committee therefore once again urges the Government to take the necessary steps to give effect in practice to sections 42 of the Labour Institutions Act, 2007, and section 25 of the OSH Act, with a view to improving data collection and management and publishing an annual report on the work of the inspection system in agriculture, including in EPZs, either as a separate report or as part of its general annual report. The Committee requests the Government to indicate in its next report the measures taken in this regard. It reminds the Government that it may avail itself of ILO technical assistance aimed at establishing the conditions in which the Department of Labour can collect data on the activities of the inspection services under its control.

Labour inspection and child labour in agriculture. In response to the Committee’s previous comment concerning the measures taken to reduce child labour and the results of these measures, the Government mentions several measures, such as the establishment of a child labour division which acts as liaison between labour inspectors and the National Steering Committee which is the apex body; the development of a child labour policy and a national plan of action that seeks to progressively eliminate worst forms of child labour by 2015; capacity building workshops for inspectors on child labour issues; the development of a child labour monitoring system and data bank on child labour issues; the strengthening of institutional structures that deal with child labour especially in the district and local levels; and the building of partnerships and sharing of information with other government agencies at the district level.

Noting that there is no specific information as to labour inspection activities on child labour in agriculture, the Committee once again recalls, with reference to its general observation of 1999, that labour inspectors can play an important role in: (i) identifying and registering the child workforce in agricultural undertakings; (ii) establishing an educational framework for this population; (iii) identifying specific problems of children and young persons who are exposed to a high risk of accidents and occupational diseases due to the use of complex machines and chemical products; and (iv) finding appropriate solutions to the above. Also referring to its 2009 observations under the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), respectively, the Committee once again requests the Government to provide detailed information on the activities of the labour inspectorate concerning child labour in agriculture as well as examples of enforcement activities and the progress achieved.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.