Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Kenya (Ratification: 1990)

Article 5 of the Convention. Effective tripartite consultations. In its 2015 direct request, the Committee requested the Government to report on the content and outcome of tripartite consultations on international labour standards held within the National Labour Board. The Government reports that the National Labour Board discussed an item related to international labour standards during its meetings in 2015, 2016, 2017 and 2018, indicating that the Board had made progress in its decisions. The Committee notes with interest that, in the context of the tripartite consultations, the Government expressed its readiness to ratify the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), given that the requirements of the Convention are already incorporated in national law, through the Labour Relations Act, 2007 as well as the Constitution of the Republic of Kenya, 2010. The Committee notes that the social partners were in general agreement that ratification of Convention No. 87 and the Labour Administration Convention, 1978 (No. 150) should be considered, but that this should go through the due process procedures required by the 2010 Constitution. The Committee notes the Government’s indication that the National Labour Board discussed the need to ratify the Domestic Workers Convention, 2011 (No. 189); however, they also expressed the need to give the constituents an understanding of the specific requirements of the instrument and the implications of ratification, to enable them to take a decision in this respect. Accordingly, the Board requested a comprehensive report justifying the ratification of Convention No. 189 and indicating its implications for the country. The Board also requested the Government to carry out public education and a national dialogue in this regard, through a National Tripartite Conference. The Committee requests the Government to continue to provide updated detailed information the content and outcome of tripartite consultations held on all matters concerning international labour standards covered by the Convention, particularly with regard to submission to the competent authorities of Conventions and Recommendations (Article 5(1)(b)), the re-examination of unratified Conventions and of Recommendations to which effect has not yet been given (Article 5(1)(c)), and on reports on ratified Conventions (Article 5(1)(d)). In particular, the Committee requests the Government to provide information on developments with respect to the possible ratification of Conventions Nos 87, 150 and 189.