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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.
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)).
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.
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.
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.
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.
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.
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.
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.