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

Repetition

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour and penalties. Trafficking of children. The Committee notes from the Assessment Report on Human Trafficking Situation in the Coastal Region of Kenya, 2018 by the International Organization for Migration (IOM Assessment Report), that Kenya has been identified as a source, transit and destination country for men, women and children subjected to forced labour and sex trafficking. The IOM has documented that internal trafficking occurs within Kenya mainly for purposes of domestic labour and sexual exploitation, while international or cross-border trafficking occurs for purposes of forced labour, domestic servitude and sexual exploitation. Child trafficking constitutes the main category of cases reported in the country and children are trafficked to work as domestic labourers, work in farming, fisheries, begging and for sex work in the coastal region of Kenya. This report also indicates that trafficking in persons in the coastal region of Kenya has been increasing with the most prevalent forms being trafficking for labour and sexual exploitation and child trafficking. The Committee also notes that the Committee on the Elimination of Discrimination against Women (CEDAW) in its concluding observations of November 2017 expressed its concern that women and girls, including in refugee camps, remain at risk of trafficking for purposes of sexual exploitation or forced domestic labour and at the low level of prosecutions of traffickers, particularly under the Counter-Trafficking in Persons Act of 2010 (CEDAW/C/KEN/CO/8, paragraph 26).The Committee therefore urges the Government to take the necessary measures to ensure the effective implementation and enforcement of the provisions of the Counter Trafficking in Persons Act by conducting thorough investigations and prosecutions against persons who engage in the trafficking of children and ensuring that sufficiently effective and dissuasive sanctions are imposed. It requests the Government to provide information on the measures taken in this regard and on the number of investigations, prosecutions, convictions and penalties imposed for the offences related to the trafficking of children under 18 years of age.

Articles 3(d), 4(1) and 7(2)(a) and (b). Hazardous work and effective and time-bound measures to prevent the engagement of children in, and to remove them from the worst forms of child labour and to provide for their rehabilitation and social integration. Child domestic work. In its previous comments, the Committee noted that section 12(3), read in conjunction with section 24(e) of the Employment (General) Rules of 2014, prohibits the employment of children under the age of 18 years in various types of hazardous work listed under fourth schedule of the Rules, including domestic work. The Committee also noted that ILO–IPEC, through the Global Action Programme (GAP 11) has supported several activities, including the carrying out of a situational analysis for child domestic workers in Kenya. According to the GAP report of 2014, the situation analysis revealed that, children over 16 years of age, some of whom started working at 12–13 years, are involved in domestic work in Kenya. Many are underpaid and work for long hours averaging 15 hours per day and are subject to physical and sexual abuse. It further noted that according to the report entitled Road Map to Protecting Child Domestic Workers in Kenya: Strengthening the Institutional and Legislative Response, April 2014, there were estimated 350,000 child domestic workers in Kenya, the majority of whom are girls between 16 and 18 years of age. The Committee requested the Government to take the necessary measures to prevent child domestic workers from engaging in hazardous work and to take effective and time bound measures to remove them from such work and to provide for their rehabilitation and social integration. 

The Committee notes that the Government has not provided any information on the measures taken to remove children from hazardous domestic work nor on measures for their rehabilitation and social integration. However, it notes the Government’s indication in its report that 17 per cent of children aged between 5-17 years are involved in child labour with the agricultural and domestic sectors being the main areas where child labour is more prevalent. About 82 per cent of the domestic workers are girls from rural areas working in urban centres. The Committee notes with concern the large number of children under the age of 18 years who are involved in domestic work and are subject to hazardous working conditions.The Committee therefore once again urges the Government to take the necessary measures to ensure that its new regulation on hazardous work is effectively applied so as to prevent domestic workers under 18 years of age from engaging in hazardous work. It also requests the Government to take effective and time-bound measures to provide the necessary and appropriate direct assistance to remove children engaged in domestic work from hazardous working conditions and ensure their rehabilitation and social integration. The Committee finally requests the Government to provide information on the measures taken in this regard and on the results achieved, in terms of the number of child domestic workers removed from such situation and rehabilitated.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. 1. Street children. In its previous comments, the Committee 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 requested 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.

The Committee notes the Government’s information that it has been implementing the Street Family Rehabilitation Trust Fund and that it is in the process of developing a National Policy on Rehabilitation of Street Families. The Committee also notes that according to the UNICEF Situation Analysis of Children and Women (SITAN report) in Kenya, 2017 under the Street Family Rehabilitation Trust Fund, more than 80,200 street children and youth have been enrolled in primary and secondary schools, while 18,000 street children have been re-integrated with their families. However, SITAN report indicates that there are an estimated 50,000 to 250,000 children who are living and/or working on the streets in Kenya. While noting the measures taken by the Government the Committee must express its concern at the significant number of children working on the streets.The Committee therefore urges the Government to intensify its efforts to protect street children from the worst forms of child labour, and to ensure the rehabilitation and social integration of children actually removed from the streets. It also requests the Government to provide information on the measures taken in this regard and the results achieved in terms of the number of street children removed from such situations and socially reintegrated.

2. Orphans of HIV/AIDS and other vulnerable children (OVCs). 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 estimated 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 requested 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.

The Committee notes that the Government has not provided any information in this regard. It notes from the SITAN report that currently 353,000 households are benefitting from the Cash Transfer Programme for OVCs. Moreover, the Presidential Bursary Scheme for OVCs is being provided to 50 children per constituency. The SITAN report further indicates that there are 854 registered Charitable Children’s Institutions in Kenya providing care and protection to around 43,000 children. The Committee, however, notes from the SITAN report that approximately 3.6 million Kenyan children are orphans or otherwise classified as vulnerable. Of these, 646,887 children have lost both parents, while 2.6 million have lost one parent (one million of these due to AIDS). Other children are made vulnerable due to poverty, harmful cultural practices, abandonment, natural disasters, ethnic and political conflict and/or poor care arrangements.Recalling that orphans and OVCs are at a greater risk of being involved in the worst forms of child labour, the Committee urges the Government to intensify its efforts to ensure that such children are protected from the worst forms of child labour and to facilitate their access to education. It requests the Government to provide information on the effective and time bound measures taken and the results achieved in this regard.

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 requested the Government to take effective and time bound measures to protect girls from becoming victims of commercial sexual exploitation and to provide information on such measures.

The Committee notes an absence of information in the Government’s report on this point. The Committee, however, notes from the SITAN report that the sexual exploitation of children in travel and tourism is reportedly common in major tourist destinations such as Nairobi, Mombasa, Kisumu, Kakamega, Nakuru as well as in other major towns in Kenya. It also notes from the IOM Assessment Report that an estimated 10,000 to 15,000 girls between 12 and 18 years living in Diani, Kilifi, Malindi and Mombasa are involved in sex work. This report also indicates that child sex workers including beach boys, bar staff, waiters and others are often compelled to deliver sexual services and that during the low tourist season, the local market for child sex workers keeps the system going. The Committee further notes that the Committee on the Rights of the Child, in its concluding observations of 2016, expressed concern about the high level of child prostitution and child pornography, particularly in the tourism and travel sector (CRC/C/KEN/CO/3-5, paragraph 37). The Committee notes with deep concern the significant number of children who are engaged in this worst forms of child labour in Kenya.The Committee therefore urges the Government to take effective and time-bound measures to protect girls from becoming victims of commercial sexual exploitation, particularly in the coastal regions of Kenya. 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 who are, in practice, removed from commercial sexual exploitation and rehabilitated.