Report in which the committee requests to be kept informed of development - Report No 241, November 1985

Case No 1189 (Kenya) - Complaint date: 22-MAR-83 - Closed

1. 387. The Committee last examined this case at its February 1985 meeting when it presented an interim report to the Governing Body (238th Report, paras. 248 to 260). Further information was received from the Government in a communication dated 6 September 1985.
2. 388. Kenya has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No.87) or the Labour Relations (Public Service) Convention, 1978 (No. 151); it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No.98).

A. Previous examination of the case

1. 389. When it presented its interim report to the Governing Body in February 1985 the Committee made the following recommendations:
   • a) The Committee draws the attention of the Government to the principle that public servants, like all other workers without distinction whatsoever, have the right to form and join organisations of their own choosing, without previous authorisation, for the promotion and defence of their occupational interests.
   • b) The Committee considers that a welfare association, such as that envisaged by the Government, would not fully afford to the civil servants concerned an adequate means to protect and defend their occupational interests.
   • c) The Committee requests the Government to supply full and detailed information on the measures that have been taken, or are envisaged, to permit the establishment of an organisation through which the workers concerned may pursue their normal trade union activities.
   • d) The Committee requests the Government to transmit information on the question of the assets that were seized on the deregistration of the civil servants' organisation, and on the Government's intention as to the manner in which it is proposed to distribute these assets.

B. Further reply by the Government

1. 390. In a communication dated 6 September 1985, the Government states that the Kenya Civil Servants' Welfare Association has been registered under the Societies Act. It adds that, although the Association has not been allowed to participate in activities of a trade union nature, the gesture entailed in the registration is a good beginning and should be given a chance to operate. Attached to the reply of the Government was an extract from the constitution of the Association containing, inter alia, the objects and membership clauses thereof.

C. The conclusions of the Committee

1. 391. The Committee deeply deplores that the Government has not taken into account the recommendations adopted by the Governing Body at its 229th Session in February 1985, and that its most recent communication does little more than confirm that the situation in respect of which recommendations were made continues to exist.
2. 392. The Committee regrets, in particular, the failure of the Government to supply any information on measures which have been taken or which may be envisaged to permit the establishment of organisations through which the workers in question may pursue their normal trade union activities and it regards as especially regrettable the Government's affirmation that the Kenya Civil Servants' Welfare Association has not been allowed to participate in activities of a trade union nature.
3. 393. In the circumstances, the Committee draws the attention of the Government once again to the importance of the principle that public servants, like all other workers, without distinction, have the right to form and join organisations of their own choosing, without previous authorisation, for the promotion and defence of their occupational interests. It urges the Government to take the steps necessary to give effect to this principle and thus to restore to the civil servants concerned the rights which they enjoyed prior to the Government's action of 17 February 1983 deregistering the Kenya Civil Servants' Association.
4. 394. The Committee also notes with regret that the Government has failed to respond to the request for information concerning the assets which were seized when the Kenya Civil Servants' Association was deregistered. In this regard, it draws the attention of the Government to the principle that when a trade union is dissolved, its assets should eventually be distributed among its former members or handed over to the organisation which succeeds it; by this is meant the organisation or organisations which pursue the aims for which the dissolved union was established and which pursue them in the same spirit. The Committee expresses disquiet at the absence of any indications that the Government intends to put this principle into effect and calls upon it to do so.

The Committee's recommendations

1. 395. The Committee recommends the Governing Body to approve this report and, in particular, the following conclusions:
   • a) The Committee deeply deplores that the Government has not taken into account the recommendations adopted by the Governing Body at its 229th Session in February 1985. Its most recent communication confirms the situation which gave rise to the complaints.
   • b) The Committee regrets the failure of the Government to supply any information on measures which have been taken or which may be envisaged to permit the establishment of organisations through which the civil servants in question may pursue their normal trade union activities, especially since the Kenya Civil Servants' Welfare Association has not been allowed to participate in activities of a trade union nature.
   • c) The Committee draws the attention of the Government once again to the importance of the principle that public servants, like all other workers, without distinction, have the right to form and join organisations of their own choosing, without previous authorisation, for the promotion and defence of their occupational interests.
   • d) The Committee further notes with regret that the Government has failed to respond to the request of the Governing Body for information concerning the assets which were seized when it was deregistered.
   • e) The Committee draws the attention of the Government to the principle that when a trade union is dissolved, its assets should be distributed among its former members or handed over to the organisation or organisations which succeed it: by this is meant those organisations which pursue the aims for which the dissolved union was established and which pursue them in the same spirit.
   • f) The Committee requests the Government to keep it informed of any action it takes in respect of the above recommendation