Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. Following its previous comments, the Committee notes the Government’s indication that the National Child Labour Policy (NCLP) has been adopted by the Cabinet in October 2014. It notes the Government’s statement that the NCLP is being forwarded to the National Assembly for enactment, following which the Government will allocate funds towards the elimination of child labour and its worst forms. Noting with regret that the Government has been referring to the adoption of this NCLP since 2004, the Committee requests the Government to take the necessary measures to ensure that the NCLP is adopted in the very near future. It requests the Government to supply a copy thereof once it has been adopted.

Article 5 of the Convention. Monitoring mechanisms and application of the Convention in practice. The Committee previously noted the Government’s information that the National Children Database developed by the National Council of Children Services and the Children Case Management Database developed by the Department of Children Services are the two initiatives that ensure a systematic collection and collation of data on child labour.

The Committee notes the information contained in the Government’s report on data regarding the employment of children and young persons. According to this data, in 2012, 94 inspections were carried out and a total of 114 children were detected as employed in various sectors including in the informal economy, transport, domestic and sugar processing sector, hotel and catering, sand harvesting, agriculture and charcoal burning. This data also indicated that in 2012, a total of 28,227 children were withdrawn from hazardous work, including from domestic work, scrap metal collection, street children, selling liquor and hawking, sand harvesting, work in quarries, charcoal burning, fishing and herding work by various organizations and agencies. The Committee requests the Government to continue to provide information on the data collected by the National Children Database and the Children Case Management Database with regard to the worst forms of child labour, including statistical data on the number of children involved in hazardous work.

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. In its previous comments, the Committee noted the various measures taken by the Government to improve access to basic education. However, it noted with concern the high number of children (nearly 4 million) who were not attending school in Kenya. It accordingly urged the Government to continue to take effective and time-bound measures to facilitate access to free basic education.

The Committee notes the Government’s indication that in order to eliminate child labour it has introduced several measures, including the provision of free basic education covering primary and secondary school levels in accordance with section 29 of the Basic Education Act, 2013. It also notes the Government’s information that the Ministry of Education developed and implemented the Non formal Education Policy which provides for the establishment of mobile schools and continuing education centres within a reasonable accessible distance. Moreover, the Government indicates that it has mainstreamed child labour issues in the various investment programmes for the next phase of the Kenyan Education Sector Support Programme II (2012–17).

The Committee also notes that according to the Education For All 2015 National Review: Kenya (EFA report) the Education Sector Plan of 2013–18 operationalizes the Basic Education Act of 2013 through a sector-wide approach with special emphasis on improving the quality of education and the governance and management of the educational sector. According to the EFA report, the Government has taken various efforts in achieving universal primary education, including increasing access to basic education through infrastructure development and the promotion of girls’ education. These have led to an increase in the enrolment in primary level from 7.4 million in 2004, to 10.2 million in 2013 (95.9 per cent) and a completion rate of 81.8 per cent. Moreover, the secondary school net enrolment rate also increased from 20.5 per cent in 2005, to 33.1 per cent in 2013. While noting the measures taken by the Government, the Committee notes that the enrolment rate at the secondary level remains low. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to pursue its efforts to improve the functioning of the educational system, particularly by increasing secondary school enrolment, attendance and completion rates and decreasing the drop-out rates. It requests the Government to provide information on the measures taken in this regard and the results achieved.

Clause (d). Identifying and reaching out to children at special risk. 1. Street children. In its previous comments the Committee noted that the Committee on the Rights of the Child, in its concluding observations, 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 (CRC/C/KEN/CO/2, paragraph 63). It noted the Government’s information that the Government, in partnership with ILO–IPEC was working to support the removal of children from street work and to enrol them in skills training programmes and entrepreneurship training.

The Committee notes the Government’s indication that during the year 2014–15, 410 young persons between the ages of 15–17 years were provided with skills and livelihood training. The Committee requests the Government to continue to provide information on the measures taken by the Government to protect street children from the worst forms of child labour and to provide for their rehabilitation and social integration. It also requests the Government to provide statistical information on the number of street children removed from such situations and rehabilitated.

2. Child victims and orphans of HIV/AIDS. The Committee previously noted, 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 once again notes the absence of information in the Government’s report on this matter. 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. The Committee, therefore, once again requests the Government to strengthen 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. In its previous comments, the Committee noted that children were exploited in prostitution throughout Kenya, including in the coastal sex tourism industry, in the eastern khat cultivation areas, and near Nyanza’s gold mines. Brothel-based child prostitution was reportedly increasing in Migori, Homa Bay, and Kisii counties, particularly around markets along the border with the United Republic of Tanzania.

The Committee notes the Government’s indication that within the ILO–IPEC SNAP project, which came to an end in November 2013, a total of 267 girls were withdrawn from commercial sexual exploitation in Kilifi, Busia and Kitui. The Committee requests the Government to continue to take effective and time-bound measures to protect girls from becoming victims of commercial sexual exploitation. It requests the Government to provide information on the measures taken in this regard and the results achieved in terms of the number of children, in particular girls, who are, in practice, removed from commercial sexual exploitation and rehabilitated.