Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

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

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee had previously requested the Government to provide a copy of the National Child Labour Policy (NCLP) after it had been reviewed and adopted. The Committee notes the Government’s statement that the draft NCLP has not yet been endorsed by the National Labour Board. The Committee requests the Government to provide a copy of the NCLP as soon as it has been approved.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that since 2005 the Government has indicated that it has developed a draft list of hazardous work in consultation with social partners and stakeholders and that the list was in the process of approval. The Committee notes the Government’s information in its report under Convention No. 138 that the list is still undergoing the process of approval by the National Labour Board and thereafter adoption by the minister. The Committee reminds the Government that Article 1 of the Convention requires immediate and effective measures to secure the prohibition of the worst forms of child labour as a matter of urgency. The Committee expresses the firm hope that the list of types of hazardous work will be adopted in the very near future and requests the Government to supply a copy thereof as soon as it has been adopted.

Article 5 of the Convention. Monitoring mechanisms. 1. Child labour monitoring system in the commercial agricultural sector. The Committee had previously noted the Government’s indication that the child labour monitoring system (CLMS) developed and piloted under the ILO–IPEC subregional project on the prevention, withdrawal and rehabilitation of children engaged in hazardous work in commercial agriculture (COMAGRI project) would be upgraded under the new project called “TACKLE” (moving children from work to school) launched by ILO–IPEC in June 2008 which aims to tackle child labour through education in 11 countries, including Kenya. The Committee notes the Government’s statement that it has been proposed in the action programme under the TACKLE project that the existing data collection systems be reviewed and upgraded and at the same time to develop linkages with other agencies dealing with children so as to create a central data system for children. It also notes the Government’s statement that it is envisaged under the TACKLE project to strengthen and enhance the monitoring capacity of the District Child Labour Committees (DCLC) and the Local Child Labour Committees (LCLC). It further intends to mainstream the CLMS into the national monitoring system so that it is used at national and local level. The Committee requests the Government to provide further information on the implementation of the CLMS under the TACKLE project and the results achieved.

2. Other monitoring mechanisms. Following its previous comments, the Committee notes that the Government’s statement that the National Steering Committee (NSC), the DCLC and the LCLC are entrusted with the monitoring of the implementation of the National Plan of Action, 2004–15. It also notes the Government’s statement that the NSC establishes linkage in related policy areas and is entrusted with the responsibility of monitoring implementing agencies and child labour-related activities in the country. It also provides policy guidance and recommends priority areas of action. The Committee notes that according to the ILO–IPEC Technical Progress Report of 2009 of the project entitled “Supporting the national plan of action for the elimination of the worst forms of child labour in Kenya” (ILO–IPEC Technical Progress Report of 2009), through the education committee of the NSC, the Education Act and Children’s Act have been reviewed taking into account the child labour concerns.

The Committee further notes the Government’s information that the DCLC performs similar functions to the NSC but at the district level. The LCLC are mandated to identify, withdraw and monitor implementation activities at the local level. It also notes the Government’s statement that at the national level the Child Labour Division coordinates all matters on child labour, including monitoring. The Government further states that these monitoring mechanisms have led to an increased awareness on the negative impact of child labour and its worst forms which resulted in the reduction of child labour from 1.9 million in 1998–99 to 1.1 million in 2005. The Committee further notes the Government’s indication that the Government is reviewing the role of the Inter-Ministerial Coordination Committee as one of the institutional structures of the project of support for the national plan of action 2004–15. The Committee requests the Government to provide further information on the activities of the Inter-Ministerial Coordination Committee and its impact on the elimination of the worst forms of child labour.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. National plan of action on elimination of child labour, 2004–15. The Committee had previously noted that the Government developed a national plan of action, 2004–15, with strategies aimed at immediately eliminating the worst forms of child labour and progressively eliminating child labour. The Committee notes that according to the ILO–IPEC Technical Progress Report of 2009, during the first phase of this project which ended in April 2009, a total of 27,486 children were withdrawn and prevented from the worst forms of child labour (14,925 of whom were withdrawn), including 1,449 children from commercial sexual exploitation. In addition, 2,257 families had been supported to improve their livelihoods. The Committee also notes that the Government has embarked on the implementation of Phase II of this project with the support of the ILO–IPEC. According to the ILO–IPEC project report entitled “Creating the enabling environment to establish models for child labour free areas in Kenya: Support for the implementation of the national action plan for the elimination of the worst forms of child labour with special focus on agriculture and older children (2009–13)”, the project proposes three immediate objectives:

–           relevant national policies, programmes and legislation are harmonized with the national action plan to eliminate child labour and enforced;

–           the capacity of national and local authorities and social partners is enhanced to support the effective implementation of the national action plan; and

–           effective models for establishing child labour free areas are tested in three districts with documented processes and experiences.

It also notes that, under this project, 8,155 children from three districts, namely Busia, Kitui and Kilifi, will be withdrawn or prevented from child labour. The Committee requests the Government to provide information on the implementation of the national plan of action on elimination of child labour – Phase II, and the results achieved in terms of the number of children withdrawn and prevented from the worst forms of child labour in the agricultural sector in the three districts covered by the project.

Article 7, paragraph 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. The Committee had previously noted that from January 2003 the Government had implemented a policy on free basic education for all children. The Committee notes the Government’s statement that it has subsidized the school fees for the first two years of secondary education. The Committee also notes that out of the 27,486 withdrawn and prevented from child labour under the ILO–IPEC supported national plan of action for the elimination of the worst forms of child labour, 25,852 children (14,487 girls and 11,465 boys) were rehabilitated through educational services or training opportunities, and 1,634 children (1,142 girls and 492 boys) were rehabilitated through other non-education related services. The Committee further notes that within this project the Government undertook a review and harmonization exercise of education policies which redefined basic education as consisting of schooling up to the age of 18 years and developed the non-formal education policy (ILO–IPEC Technical Progress Report, 2009). According to the ILO–IPEC TACKLE project report, two action programmes entitled “Elimination of child labour through education and skills training” and “Combating child labour in Siaya District, Kenya through sustainable home grown school feeding programme” are being implemented. The former action programme aims to contribute to the elimination of child labour among street and slum children in the urban areas of Nairobi and Kisumu through withdrawal from hazardous conditions. The latter action programme seeks to prevent children at risk from becoming involved in child labour; withdraw children from the worst forms of child labour and place them in primary schools and vocational skills training centres; build the capacity of Kabura-Uhuyi community members through the schools; and plan and deliver services to child labourers and to monitor child labour. The Committee notes, however, that, according to the ILO–IPEC Technical Progress Report of 2009, in spite of the free primary education and subsidized secondary education there are an estimated 1 million out of school children in the age group of 5–17 years who are presumed to be working according to the Kenya Integrated Household and Budget Survey. The Committee encourages the Government to strengthen its efforts to improve children’s access to free basic education, and wherever possible and appropriate, vocational training for all children removed from the worst forms of child labour. It also requests the Government to provide further information on the implementation of the action programmes under TACKLE, and their impact on improving the access of children, in particular street children and children from the slums, to free basic education. It further requests the Government to provide information on the number of children withdrawn from exploitative and hazardous work and provided with education or vocational and skills training under the TACKLE project.

Clause (d). Identifying and reaching out to children at special risk. 
1. Street children. The Committee had previously requested the Government to provide information on the time-bound measures taken within the context of the street family policy to protect street children from the worst forms of child labour and to ensure their rehabilitation and social integration. The Committee notes the Government’s statement that it has made tremendous efforts to reach out to educationally excluded children which include mainstreaming child labour in Technical Industrial Vocational and Entrepreneurship Training, Teachers Training, and Non-formal Education Curriculum through an action programme with the Kenya Institute of Education. It also notes the Government’s information that it has implemented the Kenya Education Sector Support Programme under which many teachers and school managers are being sensitized to child labour issues. The Committee further notes the Government’s indication that it has developed specific programmes targeting vulnerable children such as the “Most vulnerable children support grant” which provides uniforms and other basic learning materials and “School feeding programmes” for children from poor families. Finally, the Committee notes the Government’s statement that street children have been part and parcel of the special risk group that are rehabilitated and reintegrated. The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations (CRC/C/KEN/CO/2, 19 June 2007, paragraph 63), 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. Considering that street children are particularly exposed to the worst forms of child labour, the Committee strongly encourages the Government to redouble its efforts to protect these children from the worst forms of child labour and to provide for their rehabilitation and reintegration. It requests the Government to provide information on the measures taken in this regard and on the results achieved in terms of the number of street children withdrawn and rehabilitated.

2. Child victims and orphans of HIV/AIDS. Following its previous comments, the Committee notes the Government’s information that it has implemented a cash transfer programme for families having orphans and vulnerable children (OVC). The Committee notes that according to the United Nations General Assembly Special Session on HIV and AIDS (UNGASS) Country Report, Kenya 2008 (available at http://data.unaids.org), the cash transfer programme for OVC provides about US$15 a month to OVC households for health, school enrolment and retention, and food security. This programme has been scaled up from 500 families in 2004–05 to 12,500 in 37 districts by the end of 2007. The Committee notes, however, 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 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. It therefore requests the Government to redouble 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. The Committee notes the Government’s indication that 1,003 children were withdrawn from commercial sexual exploitation within the framework of the Time-bound Programme (TBP) entitled “Supporting the national plan of action for the elimination of the worst forms of child labour in Kenya”. It also notes that according to the ILO–IPEC Technical Progress Report of 2009, out of 1,003 children, 814 were girls who were rehabilitated and reintegrated through the provision of educational services or training opportunities, and out of the 446 children who were rehabilitated through other non-education related services, 371 were girls. The Committee requests the Government to provide information on the measures taken or envisaged under Phase II of the TBP for the protection of girls from commercial sexual exploitation. It also requests the Government to continue providing statistical information on the number of children, in particular girls, who are, in practice, removed from the commercial sexual exploitation and rehabilitated.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted the Government’s information that the Central Bureau of Statistics had undertaken a survey on child labour in the country including the nature, extent and trend of the worst forms of child labour. The Committee notes that while the Government states that it has sent a copy of the survey report with its report, no such document has been supplied. The Committee therefore once again requests the Government to provide a copy of the survey on child labour undertaken by the Central Bureau of Statistics, along with its next report.

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

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee had previously requested the Government to provide a copy of the National Child Labour Policy (NCLP) after it had been reviewed and adopted. The Committee notes that, while the Government states that it has sent a copy of the NCLP with its report, no such document has been supplied. The Committee therefore requests the Government to provide a copy of the NCLP along with its next report.

Article 3. Worst forms of child labour. Clause (b). Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee had previously requested the Government to provide information on the progress made in adopting the revised version of the Employment Bill which contains a prohibition on the employment of children in the worst forms of child labour, including pornography. The Committee notes with interest that, by virtue of section 53(1) of the newly adopted Employment Act of 2007, no person shall employ a child (defined as persons not having attained the age of 18 years, according to section 2 of the Act) in any activity which constitutes worst forms of child labour. According to section 2 of the Employment Act, “worst forms of child labour” with respect to juveniles, includes among others, their employment, engagement or usage in any activity comprising of the use, procuring or offering of a child for the production of pornography or for pornographic performances.

Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted the Government’s indication that it had developed a draft list of hazardous work in consultation with social partners and stakeholders. It had requested the Government to provide a copy of the list of types of hazardous work as soon as it had been adopted. The Committee notes the Government’s statement that the stakeholders have approved a list of the types of hazardous work which will be presented to the National Labour Board for final approval before the Minister assents to it as part of legislation. The Committee further notes that, while the Government indicates that it has sent a copy of the list of types of hazardous work along with its report, no such list was in fact sent to the Office. The Committee therefore once again requests the Government to supply a copy of the list of the types of hazardous work as soon as it has been approved by the National Labour Board.

Article 5 of the Convention. Monitoring mechanisms. 1. Child labour monitoring system in the commercial agricultural sector. Following its previous comments, the Committee notes the Government’s information that the child labour monitoring system (CLMS) developed and piloted under the ILO/IPEC subregional project on the prevention, withdrawal and rehabilitation of children engaged in hazardous work in commercial agriculture (COMAGRI project) was not included in the Time-bound Programme (TBP) of 2004–08. The Committee notes the Government’s indication that the CLMS will be upgraded under the new project called “TACKLE – moving children from work to school” launched by ILO/IPEC in June 2008 which aims to tackle child labour through education in 11 countries, including Kenya. The Committee requests the Government to provide information on the implementation of the child labour monitoring system under the TACKLE project and the results achieved.

2. Other monitoring mechanisms. The Committee notes the Government’s information under its report on the National Plan of Action on Elimination of Child Labour in Kenya, 2004–15 (National Plan of Action, 2004–15), that the District Child Labour Committees (DCLC) formed at the district level and the Community Child Labour Committees (CCLC) at the community level are entrusted with the mandate to monitor the implementation of the National Plan of Action, 2004–15. It also notes that an Inter-Ministerial Coordination Committee to coordinate all aspects of the implementation of the National Plan of Action will be developed and the National Steering Committee on Child Labour will be strengthened to effectively deal with issues on the worst forms of child labour. The Committee requests the Government to provide information on the activities of the DCLC, CCLC, the Inter-Ministerial Coordination Committee and the National Steering Committee and their impact on the elimination of the worst forms of child labour.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. National Plan of Action on Elimination of Child Labour, 2004–15. The Committee notes that the Government developed a National Plan of Action, 2004–15 with strategies aimed at immediately eliminating the worst forms of child labour and progressively eliminating child labour. It also notes the information contained in the report on the National Plan of Action, 2004–15, in particular the identifications of the factors that contribute to child labour, such as poverty, the HIV/AIDS pandemic, insecurity and conflicts, cultural practices that enhance child labour, weak institutions of enforcement and implementation. The Committee also notes that the TBP of 2004–08 supported the implementation of the National Plan of Action, 2004–15 by targeting sectors known to employ children such as domestic service, commercial sexual exploitation, commercial and subsistence agriculture, fisheries, street children and children working in the informal sector. Moreover, the worst forms of child labour in the transport, construction and mining sector will be targeted for detailed study with a view to incorporating them in its future programmes and projects. The Committee requests the Government to provide information on the implementation of the National Plan of Action, 2004–15 and the results achieved in terms of the elimination of the worst forms of child labour in the sectors targeted by the above National Plan of Action. It also requests the Government to provide information on the programmes of action established for the elimination of worst forms of child labour in the transport, construction and mining sectors under the National Plan of Action, 2004–15.

Article 7, paragraph 1. Penalties. The Committee had previously requested the Government to provide information on the practical application of the penalties for the breach of the provisions prohibiting the worst forms of child labour. These provisions include sections 264 and 266 of the Penal Code, sections 10(1) and (2), 13(1), 16 and 20 of the Children Act, 2001. The Committee notes the Government’s statement that the officials from the judiciary have the discretion to hand down the appropriate penalties depending on the offence committed. However, the Government does not provide any information on the practical application of the penalties envisaged in the above sections. The Committee also notes that, by virtue of section 64(2) of the Employment Act of 2007, a person who uses a child in any activity constituting the worst forms of child labour commits an offence and shall on conviction be liable to a fine not exceeding 200,000 Kenya shillings (KES) or to imprisonment for a term not exceeding 12 months or to both. The Committee once again requests the Government to provide information on the practical application of the penalties laid down in the relevant provisions of the Penal Code, Children Act and the Employment Act of 2007, including reports on the number and nature of infringements reported, investigations carried out, legal proceedings, convictions and the penal sanctions imposed.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Free and basic education. The Committee had previously noted that from January 2003 the Government had implemented a policy on free basic education for all children. The Committee notes that, according to the report on the National Plan of Action, 2004–15, since the introduction of free primary education, the primary school enrolment, attendance and completion rates have increased from 5.9 million to 7.5 million children with the net enrolment rates increasing from 77 per cent in 2002 to 84 per cent in 2005. However, it notes that about 1.7 million children between the ages of 6 and 14 years were not able to access education in 2004 and that in the northern part of Kenya less than 23 per cent of children were enrolled in primary schools. The Committee notes that the TBP project of 2004–08 targeted the withdrawal of and the prevention from exploitative and hazardous work of 20,000 children through education and non-education services. Out of this, 5,000 children were targeted to receive non-formal transitional education, vocational, pre-vocational or skills training. According to the ILO/IPEC Technical Progress Report of 2004 on the COMAGRI project, a total of 2,363 children (1,069 girls and 1,294 boys) have been withdrawn from hazardous labour and placed in primary schools as well as in vocational training facilities. The Committee also notes that, within the context of the ILO/IPEC project “Building the Foundations for Eliminating the Worst Forms of Child Labour in Anglophone Africa” (Technical Progress Report, September 2005), a total of 453 children (216 girls and 237 boys) were withdrawn from the worst forms of child labour and supported to undergo skills training. The Committee further notes that the new project called “TACKLE – moving children from work to school” launched by ILO/IPEC in 2008 aims to strengthen the legal framework on child labour and education and to increase institutional capacities to formulate and implement strategies to eliminate child labour. The Committee encourages the Government to strengthen its efforts to improve children’s access to free basic education, in particular children living in disadvantaged areas, especially in the northern part of the country. It also requests the Government to provide information on the measures taken under the TBP and TACKLE, and their impact on improving the access of children to free basic education. It further requests the Government to provide information on the number of children withdrawn from the exploitative and hazardous work and provided with education or vocational and skills training under the TBP.

Clause (d). Identifying and reaching out to children at special risk. 1. Street children. The Committee had previously noted that the Committee on the Rights of the Child (CRC/C/15/Add.160, 7 November 2001, paragraphs 57 and 61) had expressed grave concern at the high and increasing number of street children. In particular, it had noted their limited access to health, education and other social services, as well as their vulnerability to sexual and economic exploitation. The Committee notes the Government’s statement that it is committed to the implementation of free basic education to all children, including street children, and that it has developed a draft policy paper for street families. It also notes the Government’s information that the street family policy provides for time-bound measures to protect street children from labour and sexual exploitation. It further states that the policy paper will be sent once it has been adopted. The Committee notes the information provided in the report on the National Plan of Action,
2004–15 that, in Kenya, more than 300,000 children live on the streets. The Committee requests the Government to provide information on the time-bound measures taken within the context of the street family policy to protect street children from the worst forms of child labour and to ensure their rehabilitation and social integration. Moreover it asks the Government to provide information on the number of street children who have been withdrawn and reintegrated into the educational system.

2. Child victims and orphans of HIV/AIDS. Following its previous comments, the Committee notes the Government’s information that the time‑bound measures envisaged to address the situation of child victims and orphans of HIV/AIDS are covered within the framework of the National Plan of Action, 2004–15. The Committee notes that the objectives of the National Plan of Action, 2004–15 include, among others: to ensure access to education and training to all children at risk; to ensure that poverty and wealth creation policies and all anti-poverty programmes target communities prone to worst forms of child labour; and to ensure that vulnerable children are given adequate protection from engaging in the worst forms of child labour. The Committee notes that in Kenya about 1.1 million children have been rendered parentless due to the HIV/AIDS pandemic. Many of these children are reported to be out of school due to many factors ranging from lack of food to absence of guidance and supervision (report on the National Plan of Action, 2004–15). The Committee requests the Government to provide information on the impact of the time-bound measures taken within the framework of the National Plan of Action 2004–15 or any other measures taken or envisaged to protect child victims and orphans of HIV/AIDS from the worst forms of child labour.

Clause (e). Take account of the special situation of girls. Commercial sexual exploitation of girls. The Committee notes that the commercial sexual exploitation of children which was one of the targeted sectors within the TBP was considered as the sector which needed urgent attention in the efforts to eliminate the worst forms of child labour. The Committee requests the Government to provide information on the impact of those measures taken within the TBP, particularly statistical data on the number of girls who are in practice removed from commercial sexual exploitation and who are rehabilitated.

Part V of the report form. The Committee notes the Government’s information that the Central Bureau of Statistics has undertaken a survey on child labour in the country including the nature, extent and trend of the worst forms of child labour, which is still a draft. The Committee requests the Government to provide a copy of the survey undertaken by the Central Bureau of Statistics, as soon as it becomes available.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. National Child Labour Policy. The Committee had previously asked the Government to provide a copy of the National Child Labour Policy as soon as it is adopted. The Committee noted the Government’s indication that the draft National Child Labour Policy was in the process of being reviewed to reflect the changed circumstances including free primary education and the National Plan of Action on the Elimination of the Worst Forms of Child Labour. The Committee therefore asks the Government to provide a copy of the abovementioned National Plan of Action and the National Child Labour Policy once the latter has been reviewed and adopted.

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee had previously noted that the Penal Code does not seem to prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. It had asked the Government to indicate the measures taken or envisaged in this regard. The Committee noted the Government’s indication that the use, procuring or offering of a child for pornographic production or performances is prohibited under the Employment Bill and Children Act. However, the Committee noted that while section 15 of the Children Act states that a child shall be protected from exposure to obscene materials, it does not seem to prohibit the use, procuring or offering of a child for pornographic purposes. As regards the Employment Bill, the revised version, which will prohibit the employment of children in the worst forms of child labour, including pornography, has not yet come into force. Therefore, the Committee asks the Government to provide information on the progress made in adopting the revised version of the Employment Bill and to supply a copy of it as soon as it has been adopted.

Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted that the Government had not yet come up with a list of types of hazardous work. It had hoped that the list of types of work to be considered as hazardous would be adopted shortly, in consultation with the organizations of employers and workers concerned, in conformity with Article 4, paragraph 1, of the Convention. The Committee noted the Government’s information that it has developed a draft list of types of hazardous work in consultation with social partners and stakeholders. The list will be reviewed and presented to stakeholders for validation. The Committee trusts that, in reviewing the list of types of hazardous work, the Government will take into consideration relevant international standards, in particular, Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). It asks the Government to provide a copy of the list of types of hazardous work as soon as it has been adopted.

Article 5 of the Convention. Monitoring mechanisms. Child labour monitoring system in the commercial agricultural sector. The Committee had previously noted that under the ILO/IPEC subregional project on the prevention, withdrawal and rehabilitation of children engaged in hazardous work in commercial agriculture in Eastern Africa (COMAGRI project), a child labour monitoring system would be created as of 2004. It had also observed that the monitoring mechanism was geared towards establishing a permanent institutional child labour monitoring mechanism. The Committee noted the Government’s information that a Child Labour Monitoring System (CLMS) was developed and piloted under the COMAGRI project. However, the COMAGRI project ended in March 2005. The system will be reviewed and scaled up under the Time-bound Programme (TBP) and will be implemented from 2006–08. The Committee asks the Government to keep it informed on the revision and implementation of this monitoring system under the TBP.

Article 7, paragraph 1. Penalties. The Committee had previously requested the Government to provide information on the practical application of the penalties for the breach of the provisions prohibiting the worst forms of child labour. These provisions include sections 264 and 266 of the Penal Code, sections 10(1) and (2), 13(1), 16, 20 of the Children Act, 2001. The Committee noted the absence of information on this point. It once again requests the Government to provide information on the practical application of penalties laid down in the relevant provisions of the national legislation.

Article 7, paragraph 2. Effective and time-bound measures. The Committee had previously noted that a Time-bound Programme (TBP) was under preparation with the assistance of ILO/IPEC. It had asked the Government to provide information on the launching of the TBP and the areas covered by the programme. The Committee noted the Government’s information that the TBP was officially launched on 1 April 2005 by the Vice-President and the Minister of Home Affairs with the participation of the social partners and stakeholders. The TBP targets five towns and ten districts where child labour is prevalent: Nairobi, Kisumu, Mombasa, Eldoret, Kakamega, Kiambu, Busia, Siaya, Suba, Maragua, Kitui, Nyeri, Kitale, Kilifi and Samburu.

Clause (a). Prevent the engagement of children in the worst forms of child labour. Education. The Committee had previously observed that according to the statistics and information provided in the 1998–99 Child Labour Survey, primary education starts at 6 years of age and lasts seven years. According to this survey, the gross enrolment rate in primary education declined from 105 per cent in 1989 to 86.9 per cent in 1999 due to the deepening of poverty and the adverse effects of the structural adjustment programmes which introduced cost sharing in primary education. The Committee had also noted a low gross enrolment rate (approximately 21 per cent in 1999) in secondary education which starts when a child reaches 13 years of age. According to the survey, 1.3 million working children aged 5 to 17 were out of school in 1999 and that 18 per cent of these working children had no formal education. The Committee had noted with interest that from January 2003 the Government had implemented a policy on free and compulsory primary education. This policy aimed at eliminating all forms of payment to enrol in primary education, which resulted in 1.7 million enrolling in school. The Committee had further noted the Government’s statement that 2,000 former street children who were engaged in the worst forms of child labour were admitted into the National Youth Service which is a vocational training institution. The Committee noted the Government’s statement that it is committed to ensure free primary education to all children, including street children. To this end, the Government has developed a draft policy paper for street families that has been forwarded to the Cabinet for the necessary approval. The Committee asks the Government to provide a copy of this policy paper once it has been adopted.

Clause (d). Identifying and reaching out to children at special risk. 1. Street children. The Committee had previously noted that the Committee on the Rights of the Child (CRC/C/15/Add.160, 7 November 2001, paragraphs 57 and 61) had expressed grave concern at the high and increasing number of street children. In particular, it had noted their limited access to health, education and other social services, as well as their vulnerability to sexual and economic exploitation. The Committee noted the Government’s information that time-bound measures envisaged to protect street children include enforcing the free primary education policy, adoption of street family policy, awareness creation and direct support of street children. The Committee asks the Government to provide more detailed information on the abovementioned time-bound measures and their impact on protecting street children from labour and sexual exploitation.

2. Child victims and orphans of HIV/AIDS. The Committee had previously observed that the pandemic of HIV/AIDS has consequences on orphans who might more easily engage in the worst forms of child labour. It had noted that the Ministry of Health in collaboration with the Ministry of Labour and Human Resources Development was in the process of organizing a countrywide survey to determine the impact of HIV/AIDS on child labour. The Committee had requested the Government to supply a copy of this survey as well as to provide information on measures taken or envisaged to address the situation of these children. The Committee noted the Government’s statement that it will provide a copy of the survey as soon as it is conducted. It once again asks the Government to indicate the time-bound measures taken or envisaged to address the situation of child victims and orphans of HIV/AIDS.

Clause (e). Take account of the special situation of girls. Commercial sexual exploitation of girls. The Committee had previously observed that it is estimated that 10,000 to 30,000 children (mainly girls) are engaged in prostitution in Kenya. Noting the high number of girls involved in commercial sexual exploitation, the Committee had requested the Government to provide information on time-bound measures taken or envisaged in this regard. The Committee noted the Government’s indication that it undertakes to provide information on measures to remove girls from commercial sexual exploitation. It accordingly asks the Government to indicate effective and time-bound measures taken or envisaged in this regard.

Article 8. International cooperation and/or assistance. The Committee once again asks the Government to provide information on enhanced international cooperation and assistance in conformity with Article 8 of the Convention.

Part III of the report form. The Committee noted the Government’s indication that there have been no court decisions regarding the legislation relevant to the application of the Convention. It encourages the Government to supply any court decisions relevant to the application of the Convention, even if the provisions of the Convention as such were not among the focus of the decisions.

Part V of the report form. The Committee noted the absence of information on this point in the Government’s report. It once again requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the infringements reported, investigations, prosecutions, convictions and penal sanctions applied. In so far as possible, the information provided should be disaggregated by gender.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. 1. Poverty Eradication Programme. The Committee had previously asked the Government to provide information on the concrete measures taken to implement the Poverty Eradication Programme, which was launched recently, as well as its impact on reducing or eliminating the worst forms of child labour. It notes the Government’s information that concrete measures have been developed to implement this Programme such as policies aimed at reducing poverty. Some of these policies include: promoting access to market opportunities for the poor; improving infrastructure; improving overall effectiveness of public resources; enhancing security; generating employment and access to credits; improving productivity and conditions in the labour market. The Committee also notes the Government’s indication that all sectors of the economy have identified strategies which aimed at reducing poverty and were integrated into sectoral objectives. It further notes that the implemented policies have led to the improvement of economic performance with a growth of 4.3 per cent in 2004 compared to 2.4 per cent in the previous year. The Committee takes due note of this information.

2. National Child Labour Policy. The Committee had previously asked the Government to provide a copy of the National Child Labour Policy as soon as it is adopted. The Committee notes the Government’s indication that the draft National Child Labour Policy is in the process of being reviewed to reflect the changed circumstances including free primary education and the National Plan of Action on the Elimination of the Worst Forms of Child Labour. The Committee therefore asks the Government to provide a copy of the abovementioned National Plan of Action and the National Child Labour Policy once the latter has been reviewed and adopted.

Article 3 of the Convention. Worst forms of child labour. The Committee had previously noted that the Employment Act of 1976 would be amended to prohibit the employment of children in the worst forms of child labour and had asked the Government to provide a copy of the amended version of the Act. The Committee notes the Government’s indication that it will forward the amended Employment Act as soon as it has been adopted.

Clause (b). Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee had previously noted that the Penal Code does not seem to prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. It had asked the Government to indicate the measures taken or envisaged in this regard. The Committee notes the Government’s indication that the use, procuring or offering of a child for pornographic production or performances is prohibited under the Employment Bill and Children Act. However, the Committee notes that while section 15 of the Children Act states that a child shall be protected from exposure to obscene materials, it does not seem to prohibit the use, procuring or offering of a child for pornographic purposes. As regards the Employment Bill, the revised version, which will prohibit the employment of children in the worst forms of child labour, including pornography, has not yet come into force. Therefore, the Committee asks the Government to provide information on the progress made in adopting the revised version of the Employment Bill and to supply a copy of it as soon as it has been adopted.

Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted that the Government had not yet come up with a list of types of hazardous work. It had hoped that the list of types of work to be considered as hazardous would be adopted shortly, in consultation with the organizations of employers and workers concerned, in conformity with Article 4, paragraph 1, of the Convention. The Committee notes the Government’s information that it has developed a draft list of types of hazardous work in consultation with social partners and stakeholders. The list will be reviewed and presented to stakeholders for validation. The Committee trusts that, in reviewing the list of types of hazardous work, the Government will take into consideration relevant international standards, in particular, Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). It asks the Government to provide a copy of the list of types of hazardous work as soon as it has been adopted.

Article 4, paragraph 2. Identification of hazardous work. The Committee had previously noted that according to the information provided in the 1998-99 Child Labour Report, published by the Central Bureau of Statistics of the Ministry of Finance and Planning in June 2001 (page 55), inspection officials from the Ministry found children working in hazardous situations when enforcing the rules prohibiting hazardous work. These situations were characterized by harsh environments in sisal, coffee and tea estates, fishing and horticultural farms, manufacturing, mining and quarrying activities within the informal sector as well as in the salt-mining firms. The Committee had requested the Government to indicate whether the findings of labour inspectors concerning children working in hazardous occupations would be taken into consideration when identifying where hazardous work exists. The Committee notes the Government’s statement that the findings of labour inspectors will be taken into consideration when identifying where hazardous work exists. It takes due note of this information.

Article 5 of the Convention. Monitoring mechanisms. 1. National Council for Children’s Services. The Committee had previously noted that the Children Act provides for the establishment of a National Council for Children’s Services which is responsible for monitoring and ensuring the full implementation of Kenya’s international and regional obligations regarding children’s rights and facilitating the formulation of appropriate reports. It had asked the Government to provide information on the concrete measures taken by the National Council for Children’s Services to monitor the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s information that the National Council for Children’s Services monitors implementation of the country’s international and regional obligations and facilitates the formulation of appropriate reports through area advisory councils which specialize in various matters concerning the rights and welfare of children.

2. District Children’s Advisory Committees (DCAC). The Committee had previously noted that the DCACs, which are subcommittees of the District Employment Committees are in charge of monitoring matters related to children’s welfare at the district level. In particular, DCACs are active in monitoring the implementation of the ILO/IPEC project 2002-04 aimed at combating exploitative child labour in domestic services. The Committee had requested the Government to provide information on the concrete measures taken by the DCACs to monitor the implementation of the abovementioned ILO project. It had also asked the Government to indicate in which other areas the DCACs operate. The Committee notes the Government’s information that, under the Children Act, the DCACs are formed in all districts. They are multi-sectoral committees and are involved in identifying local sites where ILO/IPEC projects are to be implemented. The Committee also notes the Government’s indication that at the local level Local Child Labour Committees (LCLCs) are formed with the mandate to monitor implementation activities. Therefore the monitoring is carried out both by DCLCs and LCLCs. The Committee takes due note of this information.

3. Child labour monitoring system in the commercial agricultural sector. The Committee had previously noted that under the ILO/IPEC subregional project on the prevention, withdrawal and rehabilitation of children engaged in hazardous work in commercial agriculture in Eastern Africa (COMAGRI project), a child labour monitoring system would be created as of 2004. It had also observed that the monitoring mechanism was geared towards establishing a permanent institutional child labour monitoring mechanism. The Committee had requested the Government to indicate whether the child labour monitoring system under the COMAGRI project had been established and to provide information on its activities. The Committee notes the Government’s information that a Child Labour Monitoring System (CLMS) was developed and piloted under the COMAGRI project. However, the COMAGRI project ended in March 2005. The system will be reviewed and scaled up under the time bound-programme (TBP) and will be implemented from 2006-08. The Committee asks the Government to keep it informed on the revision and implementation of this monitoring system under the TBP.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had previously noted that the organizations of workers and employers, particularly, the Central Organization of Trade Unions and its affiliates, the Kenyan National Union of Teachers, have comprehensive structures from national to grass-roots levels that facilitate the trickling down of policies and action programmes geared towards elimination of the worst forms of child labour. It had requested the Government to provide further information on the concrete measures taken by the social partners and other actors to eliminate the worst forms of child labour and the results achieved. The Committee notes the Government’s information that concrete measures are taken by the social partners to eliminate the worst forms of child labour. In particular, the Central Organization of Trade Unions (COTU) has conducted a survey on child labour practices; created awareness on the effects of the worst forms of child labour; empowered economically the community child labour committees and developed a policy paper on child labour. The Federation of Kenya Employers (FKE), among other measures, has conducted a child labour survey in commercial agriculture; formed child labour consultative committees; developed employers’ guidelines and codes of conduct on child labour issues. The Committee takes due note of this information.

The Committee had previously observed that a three-year programme of action entitled: "Building the foundations for eliminating the worst forms of child labour in Anglophone Africa" had been launched in September 2002. The core participating countries are Kenya, Ghana, Nigeria, Uganda and the United Republic of Tanzania. The Committee had requested the Government to provide information on the impact of this programme on eliminating the worst forms of child labour. The Committee notes the Government’s information that Kenya’s Capacity Building Programme (CBP), launched in 2002, is a part of the abovementioned regional programme of action. The impact made by implementing agencies under the CBP include withdrawal of children from child labour activities; capacity building on child labour matters; providing income-generating activities for parents; media awareness campaign and strengthening the Child Labour Division through staff training and equipment. The Committee takes due note of this information.

Article 7, paragraph 1. Penalties. The Committee had previously requested the Government to provide information on the practical application of the penalties for the breach of the provisions prohibiting the worst forms of child labour. These provisions include sections 264 and 266 of the Penal Code, sections 10(1) and (2), 13(1), 16, 20 of the Children Act, 2001. The Committee notes the absence of information on this point. It once again requests the Government to provide information on the practical application of penalties laid down in the relevant provisions of the national legislation.

Article 7, paragraph 2. Effective and time-bound measures. The Committee had previously noted that a time-bound programme (TBP) was under preparation with the assistance of ILO/IPEC. It had asked the Government to provide information on the launching of the TBP and the areas covered by the programme. The Committee notes the Government’s information that the TBP was officially launched on 1 April 2005 by the Vice-President and the Minister of Home Affairs with the participation of the social partners and stakeholders. The TBP targets five towns and ten districts where child labour is prevalent: Nairobi, Kisumu, Mombasa, Eldoret, Kakamega, Kiambu, Busia, Siaya, Suba, Maragua, Kitui, Nyeri, Kitale, Kilifi and Samburu.

Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Hazardous work in commercial agriculture. The Committee had previously asked the Government to provide information on the concrete measures taken to prevent children from engaging in hazardous types of work in commercial agriculture. The Committee notes the Government’s indication that the concrete measures taken to prevent children from hazardous work in commercial agriculture include awareness raising at all levels; development of information, education and communication materials; direct support to children at risk through provision of uniforms and learning materials; support to schools to start income-generating activities; training of families on managing income-generating activities. The Committee takes due note of this information.

2. Education. The Committee had previously observed that according to the statistics and information provided in the 1998-99 Child Labour Survey, primary education starts at 6 years of age and lasts seven years. According to this survey, the gross enrolment rate in primary education declined from 105 per cent in 1989 to 86.9 per cent in 1999 due to the deepening of poverty and the adverse effects of the structural adjustment programmes which introduced cost sharing in primary education. The Committee had also noted a low gross enrolment rate (approximately 21 per cent in 1999) in secondary education which starts when a child reaches 13 years of age. According to the survey, 1.3 million working children aged 5 to 17 were out of school in 1999 and that 18 per cent of these working children had no formal education. The Committee had noted with interest that from January 2003 the Government had implemented a policy on free and compulsory primary education. This policy aimed at eliminating all forms of payment to enrol in primary education, which resulted in 1.7 million enrolling in school. The Committee had further noted the Government’s statement that 2,000 former street children who were engaged in the worst forms of child labour were admitted into the National Youth Service which is a vocational training institution. The Committee had encouraged the Government to pursue its efforts to ensure free basic education for all children. It had also asked the Government to continue to provide information on the measures taken to this end, as well as the results achieved. The Committee notes the Government’s statement that it is committed to ensure free primary education to all children, including street children. To this end, the Government has developed a draft policy paper for street families that has been forwarded to the Cabinet for the necessary approval. The Committee asks the Government to provide a copy of this policy paper once it has been adopted.

Clause (d). Identifying and reaching out to children at special risk. 1. Street children. The Committee had previously noted that the Committee on the Rights of the Child (CRC/C/15/Add.160, 7 November 2001, paragraphs 57 and 61) had expressed grave concern at the high and increasing number of street children. In particular, it had noted their limited access to health, education and other social services, as well as their vulnerability to sexual and economic exploitation. The Committee had requested the Government to provide information on the time-bound measures taken or envisaged to protect street children from labour and sexual exploitation. The Committee notes the Government’s information that time-bound measures envisaged to protect street children include enforcing the free primary education policy, adoption of street family policy, awareness creation and direct support of street children. The Committee asks the Government to provide more detailed information on the abovementioned time-bound measures and their impact on protecting street children from labour and sexual exploitation.

2. Child victims and orphans of HIV/AIDS. The Committee had previously observed that the pandemic of HIV/AIDS has consequences on orphans who might more easily engage in the worst forms of child labour. It had noted that the Ministry of Health in collaboration with the Ministry of Labour and Human Resources Development was in the process of organizing a countrywide survey to determine the impact of HIV/AIDS on child labour. The Committee had requested the Government to supply a copy of this survey as well as to provide information on measures taken or envisaged to address the situation of these children. The Committee notes the Government’s statement that it will provide a copy of the survey as soon as it is conducted. It once again asks the Government to indicate the time-bound measures taken or envisaged to address the situation of child victims and orphans of HIV/AIDS.

Clause (e). Take account of the special situation of girls. 1. Commercial sexual exploitation of girls. The Committee had previously observed that it is estimated that 10,000 to 30,000 children (mainly girls) are engaged in prostitution in Kenya. Noting the high number of girls involved in commercial sexual exploitation, the Committee had requested the Government to provide information on time-bound measures taken or envisaged in this regard. The Committee notes the Government’s indication that it undertakes to provide information on measures to remove girls from commercial sexual exploitation. It accordingly asks the Government to indicate effective and time-bound measures taken or envisaged in this regard.

2. Domestic workers. The Committee had previously observed that a two-year project had been established in 2002 with the support of ILO/IPEC to combat child labour in domestic work. This project includes the withdrawal and rehabilitation of child domestic workers and is focused on providing girl child domestic workers (they represent 80 per cent of child domestic workers) access to basic literacy or skills training along with psychological counselling, and sensitizing employers to ensure decent minimum working conditions. The Committee had requested the Government to provide information on the impact of this project, including statistics on the number of children withdrawn from the worst forms of child labour and rehabilitated. The Committee notes the Government’s information that the child domestic worker project has been implemented in two urban centres and two rural districts. An evaluation conducted in June 2005 revealed the following:

-  The level of awareness on the issues of child labour was high.

-  Children previously involved in child domestic work went back to school after the implementation of the free primary education policy.

-  School feeding programmes have improved school attendance, performance and enrolment. Some schools have been able to put up additional classes through income-generating activities.

-  Community initiatives are contributing to the sustainability of vocational training centres and transitional schools.

The Committee takes due note of this information.

Article 8. International cooperation and/or assistance. The Committee once again asks the Government to provide information on enhanced international cooperation and assistance in conformity with Article 8 of the Convention.

Part III of the report form. The Committee notes the Government’s indication that there have been no court decisions regarding the legislation relevant to the application of the Convention. It encourages the Government to supply any court decisions relevant to the application of the Convention, even if the provisions of the Convention as such were not among the focus of the decisions.

Part V of the report form. The Committee notes the absence of information on this point in the Government’s report. It once again requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the infringements reported, investigations, prosecutions, convictions and penal sanctions applied. In so far as possible, the information provided should be disaggregated by gender.

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

The Committee notes with interest that Kenya was one of the first six countries to benefit from ILO/IPEC projects, and signed a Memorandum of Understanding with the ILO in 1992. Since then, several action programmes on child labour have been launched targeting the domestic service, cross-border trafficking, quarries and mines, fishing, construction and the hotel and tourism industries. The Committee requests the Government to supply further information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. 1. Poverty Eradication Programme. The Committee notes the Government’s statement that a Poverty Eradication Programme was launched recently which contributes to providing the necessary environment for the elimination of the worst forms of child labour. The Committee requests the Government to provide further information on the concrete measures taken to implement the Poverty Eradication Programme as well as its impact on reducing or eliminating the worst forms of child labour.

2. National Child Labour Policy. The Committee notes the Government’s indication that a draft National Child Labour Policy, which defines the worst forms of child labour in accordance with Convention No. 182, is before the Cabinet for adoption. The Committee requests the Government to provide a copy of this Policy as soon as it is adopted.

Article 3. Worst forms of child labour. The Committee notes the Government’s indication that the Employment Act of 1976 (Chapter 226) is under review. It also notes that the Act, once amended, shall prohibit the employment of children in the worst forms of child labour as defined by the Convention. The Committee asks the Government to provide a copy of the amended version of the Employment Act as soon as it is adopted.

Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee observes that according to section 13(1) of the Children Act, 2001, a child under 18 years of age is entitled to protection from any form of exploitation including sale, trafficking or abduction by any person. Subsection (2) of section 13 provides that any child who becomes the victim of abuse in terms of subsection (1) must be accorded appropriate treatment and rehabilitation in accordance with regulations made by the minister.

2. Debt bondage, serfdom and forced labour. The Committee observes that the Constitution provides that no person may be held in slavery or servitude (article 73(1)), or required to perform forced labour (article 73(2)). It also notes that under sections 264 and 265 of the Penal Code, it is a criminal offence to import, export, traffic, remove, buy, sell or dispose of a person as a slave. It is also prohibited to compel a person to work against that person’s will (section 266 of the Penal Code).

3. Recruitment of children for use in armed conflict. The Committee observes that according to section 10(2) of the Children Act, 2001, no child under 18 years of age may take part in hostilities or be recruited for use in armed conflicts.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that, according to section 15 of the Children Act, 2001, a child under 18 years of age is protected from sexual exploitation and from being used in prostitution. The section prohibits the induction or coercion of a child to engage in any sexual activity. The Committee also observes that section 147 of the Penal Code, as amended by section 21 of the Criminal Law (Amendment) Act, 2003, provides that it is an offence to: (a) procure a person under the age of 21 years to have unlawful carnal connection, either in Kenya or elsewhere, with another person; (b) procure a person to become, either in Kenya or elsewhere, a common prostitute; (c) procure a person to leave Kenya with the intent to become an inmate of, or frequent, a brothel elsewhere; or (d) procure any person to leave their usual place of abode in Kenya, with intent that they may, for the purposes of prostitution, become an inmate of or frequent a brothel either in Kenya or elsewhere. Sections 153 and 154 of the Penal Code (as amended by section 31 of the Criminal Law (Amendment) Act, 2003, provides that it is a criminal offence for any person to live on the earnings of prostitution or to exercise control, for the purpose of gain, over a prostitute in such a manner that aids, abets or compels a person to become a prostitute.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes the absence of information in the Government’s report on this point. It observes that section 53(1) of the Penal Code prohibits the printing, importation, making, publishing, supplying, selling, distributing or reproducing a publication which is prohibited by the Minister because it is morally decadent. The Committee observes that the Penal Code does not seem to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee asks the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances.

The Committee requests the Government to provide a consolidated version of the Penal Code as well as information on the practical application of the abovementioned provisions.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee observes that section 16 of the Children Act, 2001, states that every child is entitled to protection from the use of hallucinogens, narcotics, alcohol or any other drugs that may be declared harmful by the Minister responsible for health. Section 16 of the Children Act, 2001, also states that it is an offence to involve a child under 18 years of age in the production, trafficking or distribution of the abovementioned drugs. The Committee requests the Government to provide information on the practical application of section 16 of the Children Act, 2001. It also asks the Government to indicate whether national laws prohibit the use, procuring or offering of a child for other types of illicit activities.

Clause (d). Hazardous work. The Committee notes that section 10(1) of the Children Act, 2001, provides that every child shall be protected: (a) from economic exploitation; and (b) from any work that is likely to be hazardous, or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development. Section 96(2) of the Merchant Shipping Act of 1967 (Chapter 389) provides that, no person under the age of 18 years may be employed in any capacity in any ship, unless a medical certificate is issued by a medical practitioner certifying that the person is fit to be employed in that capacity. Section 96(5) further prohibits the employment of children under 18 years of age on any vessel as a trimmer or stoker, except on a vessel in which only members of the same family are employed.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes the Government’s indication that it has not yet come up with a list of types of work which by their nature or the circumstances in which they are carried out are likely to harm the health, safety or morals of children. The Committee nevertheless notes that the Government had indicated, in its report on the application of the Minimum Age Convention, 1973 (No. 138), that the social partners would be consulted on the types of work to be prohibited for young persons under 18 years of age during the ongoing review of the labour legislation by the tripartite task force. In this regard, the Committee reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this regard, the Committee draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which provides that in determining the types of such hazardous work, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that the list of the types of work to be considered as hazardous will be adopted shortly, in consultation with the organizations of employers and workers concerned, in conformity with Article 4, paragraph 1, of the Convention. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee accordingly requests the Government to inform it of any developments in this regard as soon as possible.

Paragraph 2. Identification of hazardous work. The Committee notes the absence of information in the Government’s report on efforts made to identify where work that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, exists. The Committee nevertheless notes that according to the information provided in the 1998-99 Child Labour Report, published by the Central Bureau of Statistics of the Ministry of Finance and Planning in June 2001 (page 55) (herein after referred to as the Child Labour Report), inspection officials from the Ministry found children working in hazardous situations when enforcing the rules prohibiting hazardous work. These situations were characterized by harsh environments in sisal, coffee and tea estates, fishing and horticultural farms where they were exposed to toxic substances; lack of protective clothing in sisal estates, manufacturing, mining and quarrying activities within the informal sector as well as in the salt mining firms; and carriage of heavy loads in sisal estates, sand harvesting, stone cutting, salt harvesting and horticultural farms. The Committee requests the Government to indicate whether the findings of the labour inspectors concerning children working in hazardous occupations will be taken into consideration when identifying where hazardous work, that children under 18 years of age shall not perform, exists.

Article 5. Monitoring mechanisms. 1. National Council for Children’s Services. The Committee notes that, under section 34(1) of the Employment Act of 1976, a labour officer may, by notice in writing served upon any person, prohibit such person from employing a juvenile (i.e. a person under the age of 18 years according to section (2) in any employment specified in the notice, on the grounds that, in the opinion of the officer, the nature of the employment is dangerous or immoral, or is likely to be injurious to the health of the employee. The Committee notes that section 30 of the Children Act, 2001, provides for the establishment of a National Council for Children’s Services which is composed of representatives of the organizations of employers and workers, as well as representatives of: the Ministry responsible for matters related to children; the Ministry of Education; the Ministry of Health; the Ministry of Finance; the Commissioner of police; religious organizations; and the private sector. The National Council for Children’s Services is responsible for monitoring and ensuring the full implementation of Kenya’s international and regional obligations regarding children’s rights and facilitating the formulation of appropriate reports (section 32(2)(i) of the Children Act, 2001). The Committee asks the Government to provide information on the concrete measures taken by the National Council for Children’s Services to monitor the implementation of the provisions giving effect to the Convention.

2. The District Children’s Advisory Committees (DCAC). The Committee observes that the DCACs, which are subcommittees of the District Employment Committees are in charge of monitoring matters related to children’s welfare at the district level. The Committee observes that DCACs are active in monitoring the implementation of the ILO-IPEC project 2002-04 aiming at combating exploitative child labour in domestic services. The Committee requests the Government to provide information on the concrete measures taken by the DCACs to monitor the implementation of the abovementioned ILO project. It also asks the Government to indicate in which other areas the DCACs operate.

3. Child labour monitoring system in the commercial agricultural sector. The Committee observes that under the ILO/IPEC subregional project on the prevention, withdrawal and rehabilitation of children engaged in hazardous work in commercial agriculture in Eastern Africa (COMAGRI project), a child labour monitoring system will be created as of 2004 to monitor and verify: (a) the child labour situation in smallholder and plantation agriculture in tea, coffee and sugar subsectors; (b) the status of the child labour situation in the project sites; and (c) compliance with the project’s terms of reference for monitoring. It also observes that the monitoring mechanism is geared towards establishing a permanent institutional child labour monitoring mechanism that enables tracking, reviewing and reporting progress achieved and setbacks encountered in the struggle to eliminate the worst forms of child labour. The Committee requests the Government to indicate whether the child labour monitoring system under the COMAGRI project has been established and to provide information on its activities.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s statement, in its report, that the organizations of workers and employers, particularly, the Central Organization of Trade Unions and its affiliates, the Kenyan National Union of Teachers have comprehensive structures from national to grass-roots levels that facilitate the trickling down of policies and action programmes geared towards elimination of the worst forms of child labour. Other stakeholders such as the African Network for the Prevention and Protection against Child Abuse and Neglect (ANPPCAN), Kenya office, have a community-based approach as an intervention mechanism for the elimination of the worst forms of child labour in the country. The key strategies used by this organization include use of drama and participatory discussion by parents, teachers, local leaders, religious bodies, government representatives, non-governmental organizations, women’s groups and representatives of employers. The Committee requests the Government to provide further information on the concrete measures taken by the social partners and other actors to eliminate the worst forms of child labour and the results achieved.

The Committee observes that a three-year programme of action entitled: "Building the foundations for eliminating the worst forms of child labour in Anglophone Africa" was launched in September 2002. The project is based on the urgent need to strengthen and build capacity at all levels of society to facilitate concerted national efforts against the worst forms of child labour. The core participating countries are Kenya, Ghana, Nigeria, Uganda and the United Republic of Tanzania. The programme includes components which focus on interventions at the subregional and national levels. At the national level, the programme aims at providing governments, organizations of employers and workers and other stakeholders with the necessary technical skills and organizational capacity to formulate and implement policies, programmes and other initiatives to facilitate the prevention of the worst forms of child labour, and to protect, withdraw, rehabilitate and reintegrate children participating in the worst forms of child labour. To this end, ILO/IPEC will support the following interventions: (a) building the knowledge base on child labour; (b) dissemination of information; (c) raising awareness; (d) networking, integration and mainstreaming; (e) policy and legislative support; and (f) direct action. At the subregional level, the project aims at permitting the sharing and dissemination of experiences and information across the subregion. The Committee requests the Government to provide information on the impact of this programme on eliminating the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that a person who sells or traffics another person is liable to a maximum of 12 months’ imprisonment and/or a fine of a maximum of 15,000 Kenyan shillings (sections 13(1) and 20 of the Children Act, 2001). Section 264 of the Penal Code provides that a person who imports, exports, traffics, removes, buys, sells or disposes of a person as a slave is punishable by seven years’ imprisonment. The penalty is increased to ten years’ imprisonment if the abovementioned offences are committed in an ongoing and regular manner. Section 266 of the Penal Code states that a person who compels a person to work is guilty of a misdemeanour. The Committee also notes that, by virtue of section 20, read in conjunction with section 10(1) of the Children Act, 2001, a person who economically exploits a child under 18 years of age is punishable by imprisonment for a term not exceeding 12 months and/or to a fine not exceeding 50,000 thousand Kenyan shillings. The same penalties apply to a person who violates the prohibition to recruit children under 18 years in armed conflicts or the prohibition for children to take part in hostilities (section 20, read in conjunction with section 10(2) of the Children Act, 2001). The Committee further notes that a person who sexually exploits a child shall be liable to a maximum term of imprisonment of 12 months and/or to a maximum fine of 50,000 thousand Kenyan shillings (section 20 of the Children Act, 2001). Section 16 of the Children Act of 2001 provides for the same penalties for a person who involves a child under 18 years of age in the production, trafficking or distribution of the abovementioned drugs. The Committee asks the Government to provide information on the penalties applicable to a person committing the misdemeanour of forced labour (prohibited under section 266 of the Penal Code) and whether these penalties are adequate to ensure the effective enforcement of the provision. It also asks the Government to provide information on the penalties imposed in practice.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the Government’s statement that a time-bound programme (TBP) is under preparation with the assistance of the ILO/IPEC. The Committee welcomes this initiative and asks the Government to provide information on the launching of the TBP, and the areas covered by the programme.

Clause (a). Measures taken to prevent the engagement of children in the worst forms of child labour. 1. Hazardous work in commercial agriculture. The Committee observes that a three-year subregional project concerning children engaged in hazardous work in commercial agriculture (COMAGRI) was launched in 2000 by the ILO/IPEC in Kenya, Uganda, the United Republic of Tanzania, Malawi and Zambia. The programme aims at raising awareness on the hazards of child labour in commercial agriculture, to build national and subregional capacity to fight against this phenomenon, and to target as many as 3,000 children per country. The targeted areas in commercial agriculture include tea, coffee, sugar, rice, and tobacco plantations. The Committee asks the Government to provide information on the concrete measures taken to prevent children from engaging in hazardous types of work in commercial agriculture, and the results achieved.

2. Domestic work. The Committee observes that a two-year project was established in 2002 with the support of the ILO/IPEC to combat the labour exploitation of children engaged in domestic work. The project’s objective is mainly to prevent and protect child domestic labourers from exploitation. Children were reported to enter domestic service as young as 7 years of age, work long hours (from 5 a.m. to 10 p.m.) for a very small salary and sometimes no salary at all. They were not entitled to annual leave, and were often shut up in the houses. Interventions to prevent children from entering child domestic work have focused on two key areas: awareness raising in the recruitment areas and the provision of financial support to poor families in order for their children to remain in school. The Committee requests the Government to provide information on the impact of the awareness-raising campaigns and whether the financial support provided to parents helped to keep children in schools and prevented them from engaging in exploitative domestic work.

3. Education. The Committee observes that according to the statistics and information provided in the 1998-99 Child Labour Survey, primary education starts at 6 years of age and lasts seven years. According to this survey, the gross enrolment rate in primary education declined from 105 per cent in 1989 to 86.9 per cent in 1999 due to the deepening of poverty and the adverse effects of the structural adjustment programmes which introduced cost sharing in primary education. The Committee also notes a low gross enrolment rate (approximately 21 per cent in 1999) in secondary education which starts when a child reaches 13 years of age. The survey also indicates that 1.3 million working children aged 5 to 17 were out of school in 1999 and that 18 per cent of these working children had no formal education. The Committee notes, with interest, the Government’s statement that from January 2003, it implemented a policy on free and compulsory primary education. This policy aims at eliminating all forms of payment to enroll in primary education, which resulted in 1.7 million enrolling in school. The Government indicates that without such a policy these children would have engaged in child labour. The Government further states that 2,000 former street children who were engaged in the worst forms of child labour were admitted into the National Youth Service which is a vocational training institution. The Committee encourages the Government to pursue its efforts to ensure free basic education for all children. It also asks the Government to continue to provide information on the measures taken to this end, as well as the results achieved.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee observes that according to section 13(2) of the Children Act, 2001, children under 18 years of age who are victims of any form of exploitation including the sale, trafficking or abduction by any person must be accorded appropriate treatment and rehabilitation in conformity with the regulations that the Minister may make. The Committee also notes that according to the 1998-99 Child Labour Survey, from 1992 to 1997 interventions programmes conducted in collaboration with ILO/IPEC revealed that children were engaged in the worst forms of child labour and were rehabilitated by implementing institutions. For instance, under the Kisii District Children’s Advisory Committee (DCAC), 172 boys and 30 girls aged 8 to 15 years found working in soapstone industries were reintegrated into the formal education system. The Malindi DCAC permitted the removal of 149 children (94 boys and 55 girls) from hazardous work in sand harvesting and tourist resorts and beaches. Out of this, 145 children were reintegrated back into the formal school system. It also notes that the COMAGRI project aimed to target 1,500 children in Kenya for direct action by 2003, including the withdrawal of children from exploitative work and providing for their rehabilitation.

Clause (d). Identifying and reaching out to children at special risk. 1. Street children. The Committee notes that the Committee on the Rights of the Child (CRC/C/15/Add.160, 7 November 2001, paragraphs 57 and 61) expressed grave concern at the high and increasing number of street children. In particular, it noted their limited access to health, education and other social services, as well as their vulnerability to sexual and economic exploitation. The Committee requests the Government to provide information on the time-bound measures taken or envisaged to protect street children from labour and sexual exploitation.

2. Unpaid workers. The Committee observes that section 10(5) of the Children Act, 2001, defines the term "child labour" as any situation where a child provides labour in exchange for payment. According to section 2 of the abovementioned Act, a child means a person under the age of 18 years. The Committee consequently notes that unpaid workers do not benefit from the protection laid down in the Children Act. It also notes that according to the 1998-99 Child Labour Report (published by the Central Bureau of Statistics of the Ministry of Finance and Planning in June 2001), 78 per cent of children work for free in family agricultural activities and business enterprises during school holidays and after school. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure the protection of unpaid workers under 18 years of age against work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

3. HIV/AIDS pandemic. The Committee notes the Government’s indication that the country made a lot of progress towards eliminating the worst forms of child labour but these efforts have been lately undermined by the HIV/AIDS pandemic. According to UNAIDS statistics, in 2001, 890,000 children under 15 years of age were orphans due to their parents dying from AIDS in Kenya. The Committee observes that the pandemic of HIV/AIDS has consequences on orphans who might more easily engage in the worst forms of child labour. The Committee also notes the Government’s indication that the Ministry of Health in collaboration with the Ministry of Labour and Human Resources Development is in the process of organizing a country-wide survey to determine the impact of HIV/AIDS on child labour. The Committee requests the Government to provide a copy of the survey on the impact of HIV/AIDS on child labour as soon as it is available. It also asks the Government to provide information on measures taken or envisaged to address the situation of these children.

Clause (e). Special situation of girls. 1. Commercial sexual exploitation of girls. The Committee notes that the two-year ILO/IPEC project entitled: "Combating child sexual exploitation in four Anglophone African countries", launched in October 2001, provided for the funding of actions to strengthen community-based action and educational support to groups of children at risk of being sexually exploited. ILO/IPEC worked with the Ministry of Education, District Children’s Advisory Committees, the African Network for the Prevention and Protection of children against Child Abuse and Neglect, and a local non-governmental organization working with girl domestic workers. It provided its support to programmes addressing the vulnerabilities of the girl worker, particularly those involved in exploitative domestic work and at risk of sexual exploitation. The Committee also observes that according to the ILO report on the abovementioned project, it is estimated that 10,000 to 30,000 children (mainly girls) are engaged in prostitution in Kenya. The report also points out that some children who have been in domestic services end up in prostitution, and that 18 per cent of children were reported to be working in domestic service in 2001. The Committee further notes that awareness-raising campaigns were launched in primary schools, through the media. Finally, the Committee notes that the ILO/IPEC project came to en end in October 2003 and that it had the objective of preventing 1,500 children at risk and removing an additional 500 children from commercial sexual exploitation. Noting nevertheless the very high number of girls involved in commercial sexual exploitation in Kenya according to the ILO/IPEC project document, the Committee requests the Government to continue to provide information on additional time-bound measures taken or envisaged to remove these girls from commercial sexual exploitation.

2. Domestic workers. The Committee observes that a two-year project was established in 2002 with the support of ILO/IPEC to combat child labour in domestic work. This project includes the withdrawal and rehabilitation of child domestic workers. Non-governmental organizations, the Children’s Department in the Ministry of Home Affairs and, to a limited extent the labour inspectorate, work in collaboration with ILO/IPEC towards the withdrawal of child domestic workers. Regarding the rehabilitation of child domestic workers, the focus is on providing girl child domestic workers (they represent 80 per cent of child domestic workers) access to basic literacy or skills training along with psychological counseling, and sensitizing employers to ensure decent minimum working conditions. The Committee requests the Government to provide information on the impact of this project, including statistics on the number of children, withdrawn from the worst forms of child labour and rehabilitated.

Article 7, paragraph 3. The Committee notes the Government’s indication that the Ministry of Labour and Human Resource Development is responsible for the implementation of the provisions giving effect to the Convention.

Article 8. International cooperation. The Committee notes that Kenya is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also notes that Kenya ratified the Convention on the Rights of the Child in 1990, and the Protocol on the Involvement of Children in Armed Conflict in 2002. Kenya also signed the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography in 2000. The Committee asks the Government to indicate any steps taken to assist other member States in giving effect to provisions of the Convention through enhanced international cooperation and/or assistance including support for social and economic development, in conformity with the requirements of the Convention.

Part III of the report form. The Committee notes the Government’s indication that courts of law have not yet given any decisions involving questions of principle relating to the application of the Convention. It asks the Government to supply any court decisions regarding the legislation relevant to the application of the Convention.

Part IV. The Committee notes the Government’s statement that national labour laws are under review in order to be in line with the provisions of the Convention. To this end, an ILO/IPEC project on Strengthening Labour Relations in East Africa (SLAREA) was launched in May 2001 to support labour law reform efforts that are at an advanced stage of completion in Kenya.

Part V. The Committee notes that the Government has provided a copy of the 2002 annual report of the Labour Department. According to this report, labour inspectors carried out inspections in approximately 15,500 workplaces. The Committee notes however that the results of these inspections do not pertain to the worst forms of child labour. It also notes that the information provided on prosecutions does not include information on the types of infringements and penalties imposed. The Committee would be grateful if the Government would provide information on the worst forms of child labour, including information on the nature, extent and trends of those forms of child labour, and the number of children covered by the measures giving effect to the Convention. The Committee also requests the Government to provide, in its next report, information on the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.