Observation (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

In previous comments the Committee has noted that, under sections 13 to 18 of the Chief's Authority Act (Cap. 128), able-bodied male persons between 18 and 45 years of age may be required to perform any work or service in connection with the conservation of natural resources for up to 60 days in any year. It has expressed the hope that these sections would be either repealed or amended so as to meet the criteria for "minor communal services" which are exempted from the scope of the Convention under its Article 2, paragraph 2(e).

The Committee previously noted the Government's intention to repeal or to amend sections 13 and 17 of the Act, so as to restrict their scope and bring them within the exception provided for in Article 2, paragraph 2(e), of the Convention, as it was recognised that in law the aforementioned sections of the Act are not in full conformity with the Convention.

The Committee notes the Government's indication in its report that natural resources conservation work is today undertaken under the direct supervision of a Standing Presidential Commission on soil conservation (and also various agricultural extension officers in the Ministry of Agriculture) established in 1983 and that there exists a permanent cadre of government workers on full pay, in mostly forest areas, to conserve the natural resources. The Government adds that most of the country's conservation work is undertaken through the spirit of self-help commonly referred to as "Harambee effort".

The Committee notes that the Government reaffirms its intention to amend sections 13 to 18 of the Chief's Authority Act: the proposed amendment which was intended to be included in the Employment Act was rejected, but discussions have been reopened with the Office of the President (which administers the Chief's Authority Act), the Attorney-General's Office and the Law Reform Commission and the Ministry of Labour has stressed the need to bring the various provisions of the country's national law as well as practice into conformity with the Convention. The Government adds that a situation where the local chiefs find it necessary to resort to their powers under sections 13 to 18 of the Chief's Authority Act hardly occurs.

The Committee hopes that the Government will soon be able to report on the adoption of the necessary amendments.

The Committee requests the Government to provide a copy of the provisions governing the Presidential Commission on soil conservation, any report established on efforts made and results achieved in soil conservation, as well as information on the organisation of and results achieved in soil conservation through "Harambee effort".