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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 5 of the Convention. Effective tripartite consultations. The Committee notes that the Government does not provide concrete, specific information in its report on either the content or the outcome of tripartite consultations held on matters covered by Article 5(1) of the Convention. Rather, the Government indicates briefly in its report that tripartite workshops have been held during the reporting period to promote the ratification of several ILO Conventions and a roadmap was developed in this regard, without providing information on the instruments examined in the consultations, the content of the road map developed, or the outcomes of the consultations, if any. The Committee is therefore bound to reiterate its request that the Government provide updated detailed information on both the content and the outcome of tripartite consultations held on all matters concerning international labour standards covered by Article 5(1) of the Convention, includingwith regard to questionnaires on items on the agenda of the Conference (Article 5(1)(a)), proposals to be made in connection with the submission of the instruments adopted by the Conference to the National Assembly (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)). The Committee also reiterates its request to the Government to provide specific information on any developments with respect to the possible ratification of Conventions Nos 87, 150, and 189.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

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.

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

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.

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

Article 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that consultations relating to unratified Conventions have been on the agenda of the National Labour Board meetings. It also indicates that a new board has been constituted and was set for inauguration in October 2015. The Government hopes that any outstanding agenda items, including the item concerning unratified Conventions, will be discussed on a priority basis. The Committee requests the Government to provide detailed information on the content and outcome of the consultations held within the National Labour Board on all matters concerning international labour standards, as set forth in Article 5(1) of the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 5(1) of the Convention. Effective tripartite consultations. In reply to the previous comments, the Government indicates in its report that it has maintained its relations with the social partners through the Ministry of Labour, Social Security and Services. The National Labour Board did not discuss matters relating to unratified Conventions during the reporting period and has not yet discussed instruments adopted by the Conference at its 99th, 100th and 101st Sessions, which were submitted to the National Assembly in August 2012. Consultations were held on matters relating to items on the agenda of the International Labour Conference (Article 5(1)(a) of the Convention), as well as questions arising out of reports to be made under article 22 of the ILO Constitution (Article 5(1)(d)). The Government indicates that it shares reports submitted to the ILO under article 22 of the Constitution with the social partners, with the understanding that, where necessary, the social partners will raise their concerns with the ILO for further clarification. The Committee invites the Government to provide detailed information on the consultations held within the National Labour Board on unratified Conventions and the outcome of such consultations (Article 5(1)(c)) and on the other matters covered by Article 5(1) of the Convention, including information on proposals made by the National Labour Board regarding the instruments adopted by the Conference (Article 5(1)(b)).

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Effective tripartite consultations. The Committee notes the Government’s brief report received in August 2012 in reply to the observation formulated in 2010. In its previous observation, the Committee noted that the National Labour Board (NLB) discussed the following unratified Conventions: the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Social Security (Minimum Standards) Convention, 1952 (No. 102), the Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168), the Maternity Protection Convention, 2000 (No. 183), the Safety and Health in Agriculture Convention, 2001 (No. 184), the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), the Maritime Labour Convention, 2006 (MLC, 2006), the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), and the Work in Fishing Convention, 2007 (No. 188). In its report, the Government indicates that the NLB International Labour Standards Committee has not been able to discuss the ratification of the unratified Conventions due to other urgent matters. However, the tripartite committee will endeavour to discuss them during this financial year, pending the enactment into law of the new process of ratification of international instruments. The Government also indicates that comments from the NLB on instruments submitted to the National Assembly are still being awaited and will be reported back as soon as received. The Committee invites the Government to provide information in its next report on consultations held within the National Labour Board on unratified Conventions and the outcome of such consultations (Article 5(1)(c)). It would also welcome receiving information on proposals which may have been made by the National Labour Board regarding the instruments adopted by the Conference at its 99th, 100th and 101st Sessions that were submitted to the National Assembly in August 2012 (Article 5(1)(b)). Please also provide information on the other matters covered by Article 5(1) of the Convention (replies to questionnaires concerning items on the agenda of the Conference and questions arising out of reports to be made on the application of ratified Conventions).

[The Government is asked to reply in detail to the present comments in 2014.]

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Effective tripartite consultations. The Committee notes the information provided in the Government’s report received in September 2010. The Committee notes with interest that the National Labour Board was constituted in November 2008 and had its first meeting in April 2009. The International Labour Standards Committee is one of the committees of the Board. The Government indicates that the Board discussed the unratified ILO Conventions in its third meeting held on 30 March 2010. The Conventions presented for discussion were: the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Social Security (Minimum Standards) Convention, 1952 (No. 102), the Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168), the Maternity Protection Convention, 2000 (No. 183), the Safety and Health in Agriculture Convention, 2001 (No. 184), the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), the Maritime Labour Convention, 2006, the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), and the Work in Fishing Convention, 2007 (No. 188). The Board referred the matter to the International Labour Standards Committee to study and make appropriate recommendations before presentation to the Board in its next meeting. The Committee invites the Government to include information on any follow-up to the recommendations of the International Labour Standards Committee of the National Labour Board concerning the prospects of ratification of the abovementioned Conventions (Article 5(1)(c)).

The Committee further notes that the protocols adopted at the 82nd and 84th Sessions and all the other instruments adopted by the Conference from 2000 to 2007 were submitted to the National Assembly on 13 September 2010. The Government also intends to forward the instruments referenced in the preceding sentence to the National Labour Board. The Committee also invites the Government to communicate any proposals which may have been made by the National Labour Board regarding these instruments (Article 5(1)(b)).

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Effective tripartite consultations. The Committee takes note of the information provided in the Government’s report received in September 2008. The Government indicates in its report that there has been a change in the legislation by which the Labour Advisory Board is set to be replaced by a National Labour Board, which is provided for in the Labour Institutions Act and has yet to be constituted. The Government indicates that the National Labour Board will deliberate on proposed ratifications and denunciations. The Committee requests the Government to keep it informed of progress made in the establishment of the National Labour Board following this change in legislation. The Committee refers to its previous comments, and requests the Government to supply information on the tripartite consultations held on each of the matters set out under Article 5, paragraph 1, of the Convention, including information on the nature of any reports or recommendations made as a result thereof.

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

Tripartite consultations required by the Convention. The Committee notes the information contained in the Government’s report indicating that the Labour Advisory Board is set to meet in October 2006 to discuss a list of proposed ratifications and denunciations of Conventions. The Committee asks the Government to provide particulars on the recommendations made by the Labour Advisory Board with regard to the list of proposed ratifications and denunciations of Conventions referred to by the Government and on the other matters set out in Article 5, paragraph 1, of the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Tripartite consultations required by the Convention. The Committee notes the information contained in the detailed report provided by the Government in September 2004. In reply to its 2002 direct request, the Government states that the Labour Advisory Board will deliberate on the denunciation and ratification of several Conventions in the meeting beginning in the fourth quarter of 2004 (Article 5, paragraph 1(c) and (e), of the Convention). Please provide particulars of the activities of the Labour Advisory Board during the period covered by the next report on each of the matters set out in Article 5, paragraph 1, of the Convention.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in reply to its 2000 direct request. The Committee recalls that it noted with interest that, following consultations with workers’ and employers’ organizations, the Conventions and Recommendations adopted at the 34th, 42nd, and 81st to 87th Sessions of the Conference were submitted, on 24 April 2001, to the National Assembly and that the ratification of Conventions Nos. 100, 111 and 182 was further registered on 7 May 2001. It trusts that in its next report the Government will continue to provide particulars on the tripartite consultations conducted on the matters covered by Article 5, paragraph 1, as well as on the activities of the Labour Advisory Board in relation to the Convention.

Article 5, paragraph 1(c) and (e). The Committee recalls that the ILO Governing Body has invited States parties to the Recruitment of Indigenous Workers Convention, 1936 (No. 50), the Contracts of Employment (Indigenous Workers) Convention, 1939 (No. 64), the Penal Sanctions (Indigenous Workers) Convention, 1939 (No. 65), and the Contract of Employment (Indigenous Workers) Convention, 1947 (No. 86) - which Kenya has ratified and are still in force - to contemplate ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), and denouncing Conventions Nos. 50, 64, 65 and 86 at the same time. States parties to the Underground Work (Women) Convention, 1935 (No. 45), and to the Statistics of Wages and Hours of Work Convention, 1938 (No. 63), were invited to contemplate ratifying the Labour Statistics Convention, 1985 (No. 160), and the Safety and Health in Mines Convention, 1995 (No. 176). Please indicate if consultations are envisaged on these matters.

Article 6. The Committee again requests the Government to indicate whether the question of issuing a report on the working of the consultations procedures covered by the Convention has been the subject of consultations with the social partners. Please provide, where appropriate, information on the results of such consultations.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report for the period ending June 1999, which indicates that no change has occurred in the application of the Convention during the reference period. The Committee also notes the indication that a reply to its previous comments will be forwarded to the ILO as soon as possible. However, it notes that the Government has still not transmitted this reply. It hopes that the Government will be in a position to provide full particulars in its next report on the matters raised in its previous direct request, which read as follows.

Article 5 of the Convention.  The Government is requested to supply more specific information on the consultations conducted on each of the matters under paragraph 1, as well as on their frequency, and to indicate the nature of any reports or recommendations resulting from them. The Government’s previous report contained the minutes of the Labour Advisory Board meeting of 23 November 1994. The Committee requests the Government to supply copies of any other minutes of the same type which are produced following consultations.

Article 6.  The Committee requests the Government to supply a copy of Chapter II on the work of the Labour Advisory Board included in the Labour Department’s annual report, mentioned in its reply under this Article.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the Government's report for the period ending 31 May 1997. It would be grateful if the Government would supply, in its next reports, further information on the following points:

Article 5 of the Convention. The Government is requested to supply more specific information on the consultations conducted on each of the matters under paragraph 1, as well as on their frequency, and to indicate the nature of any reports or recommendations resulting from them. The Government's previous report contained the minutes of the Labour Advisory Board meeting of 23 November 1994. The Committee requests the Government to supply copies of any other minutes of the same type which are produced following consultations.

Article 6. The Committee requests the Government to supply a copy of Chapter II on the work of the Labour Advisory Board included in the Labour Department's Annual Report, mentioned in its reply under this article.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee takes note with interest of the information supplied by the Government in its first report. It would be grateful if the Government would supply, in its next report, additional information on the following points:

Article 2, paragraph 1, of the Convention. Please indicate the manner in which the procedures established under the Employment Act or the Industrial Relations Charter ensure effective consultations with respect to the matters set out in Article 5, paragraph 1.

Article 3, paragraph 1. Please describe in more detail the manner in which the representatives of employers and workers for the purposes of the Convention are chosen.

Article 5. Please give particulars of the consultations held, during the period covered by the report, on each of the matters set out in paragraph 1, including information as to the frequency of such consultations, and indicate the nature of any reports or recommendations made as a result of the consultations.

Article 6. Please indicate if an annual report "on the working of the procedures provided for in the Convention" is issued, or envisaged and, if not, give particulars of the consultations held on this question with the representative organizations.