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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Kenya (Ratification: 2001)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee had previously requested the Government to provide a copy of the National Child Labour Policy (NCLP) after it had been reviewed and adopted. The Committee noted the Government’s statement that the draft NCLP has not yet been endorsed by the National Labour Board. The Committee requests the Government to provide a copy of the NCLP as soon as it has been approved.

Article 4(1). Determination of hazardous work. The Committee noted that since 2005 the Government has indicated that it has developed a draft list of hazardous work in consultation with social partners and stakeholders and that the list was in the process of approval. The Committee noted the Government’s information in its report under Convention No. 138 that the list is still undergoing the process of approval by the National Labour Board and thereafter adoption by the minister. The Committee reminded the Government that Article 1 of the Convention requires immediate and effective measures to secure the prohibition of the worst forms of child labour as a matter of urgency. The Committee expresses the firm hope that the list of types of hazardous work will be adopted in the very near future and requests the Government to supply a copy thereof as soon as it has been adopted.

Article 5 of the Convention. Monitoring mechanisms. Child labour monitoring system in the commercial agricultural sector. The Committee had previously noted the Government’s indication that the child labour monitoring system (CLMS) developed and piloted under the ILO–IPEC subregional project on the prevention, withdrawal and rehabilitation of children engaged in hazardous work in commercial agriculture (COMAGRI project) would be upgraded under the new project called “TACKLE” (moving children from work to school) launched by ILO–IPEC in June 2008 which aims to tackle child labour through education in 11 countries, including Kenya. The Committee noted the Government’s statement that it has been proposed in the action programme under the TACKLE project that the existing data collection systems be reviewed and upgraded and at the same time to develop linkages with other agencies dealing with children so as to create a central data system for children. It also noted the Government’s statement that it is envisaged under the TACKLE project to strengthen and enhance the monitoring capacity of the District Child Labour Committees (DCLC) and the Local Child Labour Committees (LCLC). It further intends to mainstream the CLMS into the national monitoring system so that it is used at national and local level. The Committee requests the Government to provide further information on the implementation of the CLMS under the TACKLE project and the results achieved.

Other monitoring mechanisms. Following its previous comments, the Committee noted the Government’s statement that the National Steering Committee (NSC), the DCLC and the LCLC are entrusted with the monitoring of the implementation of the National Plan of Action, 2004–15. It also noted the Government’s statement that the NSC establishes linkage in related policy areas and is entrusted with the responsibility of monitoring implementing agencies and child labour-related activities in the country. It also provides policy guidance and recommends priority areas of action. The Committee noted that according to the ILO–IPEC Technical Progress Report of 2009 of the project entitled “Supporting the national plan of action for the elimination of the worst forms of child labour in Kenya” (ILO–IPEC Technical Progress Report of 2009), through the education committee of the NSC, the Education Act and Children’s Act have been reviewed taking into account the child labour concerns.

The Committee further noted the Government’s information that the DCLC performs similar functions to the NSC but at the district level. The LCLC are mandated to identify, withdraw and monitor implementation activities at the local level. It also noted the Government’s statement that at the national level the Child Labour Division coordinates all matters on child labour, including monitoring. The Government further stated that these monitoring mechanisms have led to an increased awareness on the negative impact of child labour and its worst forms which resulted in the reduction of child labour from 1.9 million in 1998–99 to 1.1 million in 2005. The Committee further noted the Government’s indication that the Government is reviewing the role of the Inter-Ministerial Coordination Committee as one of the institutional structures of the project of support for the national plan of action 2004–15. The Committee requests the Government to provide further information on the activities of the Inter-Ministerial Coordination Committee and its impact on the elimination of the worst forms of child labour.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. National plan of action on elimination of child labour, 2004–15. The Committee had previously noted that the Government developed a national plan of action, 2004–15, with strategies aimed at immediately eliminating the worst forms of child labour and progressively eliminating child labour. The Committee noted that according to the ILO–IPEC Technical Progress Report of 2009, during the first phase of this project which ended in April 2009, a total of 27,486 children were withdrawn and prevented from the worst forms of child labour (14,925 of whom were withdrawn), including 1,449 children from commercial sexual exploitation. In addition, 2,257 families had been supported to improve their livelihoods. The Committee also noted that the Government has embarked on the implementation of Phase II of this project with the support of the ILO–IPEC. According to the ILO–IPEC project report entitled “Creating the enabling environment to establish models for child labour free areas in Kenya: Support for the implementation of the national action plan for the elimination of the worst forms of child labour with special focus on agriculture and older children (2009–13)”, the project proposes three immediate objectives:

• – relevant national policies, programmes and legislation are harmonized with the national action plan to eliminate child labour and enforced;
• – the capacity of national and local authorities and social partners is enhanced to support the effective implementation of the national action plan; and
• – effective models for establishing child labour free areas are tested in three districts with documented processes and experiences.

It also noted that, under this project, 8,155 children from three districts, namely Busia, Kitui and Kilifi, will be withdrawn or prevented from child labour. The Committee requests the Government to provide information on the implementation of the national plan of action on elimination of child labour – Phase II, and the results achieved in terms of the number of children withdrawn and prevented from the worst forms of child labour in the agricultural sector in the three districts covered by the project.

Article 7(2). Effective and time-bound measures. Clauses (a) and (c). Prevent the engagement of children in the worst forms of child labour and ensure access to free basic education for all children removed from the worst forms of child labour. Free basic education. The Committee had previously noted that from January 2003 the Government had implemented a policy on free basic education for all children. The Committee noted the Government’s statement that it has subsidized the school fees for the first two years of secondary education. The Committee also noted that out of the 27,486 withdrawn and prevented from child labour under the ILO–IPEC supported national plan of action for the elimination of the worst forms of child labour, 25,852 children (14,487 girls and 11,465 boys) were rehabilitated through educational services or training opportunities, and 1,634 children (1,142 girls and 492 boys) were rehabilitated through other non-education related services. The Committee further noted that within this project the Government undertook a review and harmonization exercise of education policies which redefined basic education as consisting of schooling up to the age of 18 years and developed the non-formal education policy (ILO–IPEC Technical Progress Report, 2009). According to the ILO–IPEC TACKLE project report, two action programmes entitled “Elimination of child labour through education and skills training” and “Combating child labour in Siaya District, Kenya through sustainable home grown school feeding programme” are being implemented. The former action programme aims to contribute to the elimination of child labour among street and slum children in the urban areas of Nairobi and Kisumu through withdrawal from hazardous conditions. The latter action programme seeks to prevent children at risk from becoming involved in child labour; withdraw children from the worst forms of child labour and place them in primary schools and vocational skills training centres; build the capacity of Kabura-Uhuyi community members through the schools; and plan and deliver services to child labourers and to monitor child labour. The Committee noted, however, that, according to the ILO–IPEC Technical Progress Report of 2009, in spite of the free primary education and subsidized secondary education there are an estimated 1 million out of school children in the age group of 5–17 years who are presumed to be working according to the Kenya Integrated Household and Budget Survey. The Committee encourages the Government to strengthen its efforts to improve children’s access to free basic education, and wherever possible and appropriate, vocational training for all children removed from the worst forms of child labour. It also requests the Government to provide further information on the implementation of the action programmes under TACKLE, and their impact on improving the access of children, in particular street children and children from the slums, to free basic education. It further requests the Government to provide information on the number of children withdrawn from exploitative and hazardous work and provided with education or vocational and skills training under the TACKLE project.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee had previously requested the Government to provide information on the time-bound measures taken within the context of the street family policy to protect street children from the worst forms of child labour and to ensure their rehabilitation and social integration. The Committee noted the Government’s statement that it has made tremendous efforts to reach out to educationally excluded children which include mainstreaming child labour in Technical Industrial Vocational and Entrepreneurship Training, Teachers Training, and Non-formal Education Curriculum through an action programme with the Kenya Institute of Education. It also noted the Government’s information that it has implemented the Kenya Education Sector Support Programme under which many teachers and school managers are being sensitized to child labour issues. The Committee further noted the Government’s indication that it has developed specific programmes targeting vulnerable children such as the “Most vulnerable children support grant” which provides uniforms and other basic learning materials and “School feeding programmes” for children from poor families. Finally, the Committee noted the Government’s statement that street children have been part and parcel of the special risk group that are rehabilitated and reintegrated. The Committee noted, however, that the Committee on the Rights of the Child, in its concluding observations (CRC/C/KEN/CO/2, 19 June 2007, paragraph 63), had expressed deep concern at the large number of street children; the denial of their right to education and health; their vulnerability to sexual abuse and exploitation; and the lack of a systematic and comprehensive strategy to address the situation of street children. Considering that street children are particularly exposed to the worst forms of child labour, the Committee strongly encourages the Government to redouble its efforts to protect these children from the worst forms of child labour and to provide for their rehabilitation and reintegration. It requests the Government to provide information on the measures taken in this regard and on the results achieved in terms of the number of street children withdrawn and rehabilitated.

Child victims and orphans of HIV/AIDS. Following its previous comments, the Committee noted the Government’s information that it has implemented a cash transfer programme for families having orphans and vulnerable children (OVC). The Committee noted that according to the United Nations General Assembly Special Session on HIV and AIDS (UNGASS) Country Report, Kenya 2008 (available at http://data.unaids.org), the cash transfer programme for OVC provides about US$15 a month to OVC households for health, school enrolment and retention, and food security. This programme has been scaled up from 500 families in 2004–05 to 12,500 in 37 districts by the end of 2007. The Committee noted, however, that according to the ILO–IPEC TACKLE project report entitled “Combating child labour in Siaya District, Kenya through sustainable home grown school feeding programme” the Government of Kenya estimates that 1.78 million children are orphans in Kenya, half of them being due to HIV/AIDS related deaths, with 40 per cent of them living with their grandparents. The Committee observes that HIV/AIDS has negative consequences for orphans, who are at a heightened risk of being engaged in the worst forms of child labour. It therefore requests the Government to redouble its efforts to protect child victims and orphans of HIV/AIDS from the worst forms of child labour, in particular by increasing their access to education. It also requests the Government to provide information on the measures taken in this regard and the results achieved.

Clause (e). Take account of the special situation of girls. Commercial sexual exploitation of girls. The Committee noted the Government’s indication that 1,003 children were withdrawn from commercial sexual exploitation within the framework of the Time-bound Programme (TBP) entitled “Supporting the national plan of action for the elimination of the worst forms of child labour in Kenya”. It also noted that according to the ILO–IPEC Technical Progress Report of 2009, out of 1,003 children, 814 were girls who were rehabilitated and reintegrated through the provision of educational services or training opportunities, and out of the 446 children who were rehabilitated through other non-education related services, 371 were girls. The Committee requests the Government to provide information on the measures taken or envisaged under Phase II of the TBP for the protection of girls from commercial sexual exploitation. It also requests the Government to continue providing statistical information on the number of children, in particular girls, who are, in practice, removed from the commercial sexual exploitation and rehabilitated.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted the Government’s information that the Central Bureau of Statistics had undertaken a survey on child labour in the country including the nature, extent and trend of the worst forms of child labour. The Committee noted that while the Government states that it has sent a copy of the survey report with its report, no such document has been supplied. The Committee therefore once again requests the Government to provide a copy of the survey on child labour undertaken by the Central Bureau of Statistics, along with its next report.