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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Kenya (Ratification: 2001)

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Articles 3(a) and 7(1) of the Convention. Worst forms of child labour and penalties. Trafficking of children. In response to the Committee’s previous observation that child trafficking constitutes the main category of trafficking cases reported in the country and that children are trafficked to work as domestic labourers, work in farming, fisheries, begging and for sex work in the coastal region of Kenya, the Government indicates, in its report, that it is instituting stringent measures to dissuade chid trafficking. In this regard, the Government indicates that an amendment to the Counter Trafficking in Persons Act was drafted to remove the option of a fine in lieu of imprisonment for the offence of trafficking. According to the Government’s information in its report under the Forced Labour Convention, 1930 (No. 29), the review of the Counter Trafficking in Persons Act is in its final stages.

Moreover, the Government indicates that, in 2020–21, the Office of the Director of Prosecution reported 17 cases of child trafficking under the Counter Trafficking in Persons Act, 2010, and that there were six convictions, one acquittal and six withdrawals.

In this regard, the Committee notes that the United Nations Human Rights Committee (UNHCR), in its concluding observations of 11 May 2021, expressed concern about the low rate of convictions for child trafficking (CCPR/C/KEN/CO/4, para. 34(b)). Indeed, the Committee observes that both the number of reported cases of child trafficking and the number of convictions appear to be low considering the prevalence of the phenomenon in the country, and the fact that the incidence of trafficking, including child trafficking, appears to be on the rise in the country (according to the National Council on Children’s Services (NCCS), an estimated 17,500 Kenyans are trafficked annually for domestic work, forced labour, and commercial sexual exploitation, of which 50 per cent are likely to be minors). The Committee therefore strongly encourages the Government to continue to take the necessary measures to ensure that cases of trafficking of children under the age of 18 are detected and that investigations and prosecutions are conducted against the perpetrators. It requests the Government to provide information on the measures taken and the results achieved, including with regard to the number and nature of convictions and penalties imposed. It also requests the Government to provide a copy of the amendments to the Counter Trafficking in Persons Act.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in, and removing them from, the worst forms of child labour, and ensuring their rehabilitation and social integrationCommercial sexual exploitation of children. In response to its previous observation regarding the significant number of children engaged in commercial sexual exploitation, particularly in travel and tourism, the Committee notes that, in the framework of the National Plan of Action against Sexual Exploitation of Children 2018-22 (NAP-SEC), several activities were planned, namely in the focus areas of identification; prevention; protection; and rescue, rehabilitation and reintegration. The Government indicates in this regard that it has sensitized hotel operators in tourist destinations and developed a Tourism Child Protection Code, which binds the 40 signatory hotels to protect children from commercial sexual exploitation. Moreover, the Committee notes the Government’s indication that it has established child protection units in police stations to respond to crimes against children and continued to partner with counter-human trafficking NGOs to create awareness, rescue and reintegration of child survivors. The Committee requests the Government to continue to take targeted effective and time-bound measures to protect children from becoming victims of commercial sexual exploitation, particularly in the coastal regions of Kenya. It requests the Government to provide information on the number of child victims of commercial sexual exploitation who have been reached out to, removed and rehabilitated, as well as on the types of services they have benefited from for their rehabilitation.

Clause (d). Identifying and reaching out to children at special risk.Child domestic workers. Following its previous comments, the Committee notes the Government’s indication that it is taking several measures to protect children from hazardous work, including in domestic work. The Committee observes that the Government refers to measures related to the general protection of vulnerable families, such as cash transfer programmes, and the improvement of education rates.

While such programmes can contribute to preventing the engagement of children in hazardous domestic work, the Committee stresses that the Government should also take measures to identify the children under the age of 18 who engage in such work and remove them and socially integrate them. The Committee therefore once again requests the Government to take effective and time-bound measures to provide the necessary and appropriate direct assistance to remove children engaged in domestic work from hazardous working conditions and ensure their rehabilitation and social integration. It once again requests the Government to provide information on the measures taken in this regard and on the results achieved.

Orphans of HIV/AIDS and other vulnerable children (OVCs). Following its previous comments, the Committee notes the Government’s information according to which the Cash Transfer Programme for OVCs continues to be operational and is currently supporting 278,188 beneficiaries across the 47 counties. The Government also indicates that it is allocating a significant budget to education and that it has made gains in reaching remote areas and disadvantaged communities at primary and pre-primary levels.

The Committee observes, however, that according to the UNAIDS 2022 Kenya country factsheet, there remain an estimated 590,000 child orphans of HIV/AIDS in the country. Once again recalling that OVCs are at a greater risk of being involved in the worst forms of child labour, the Committee requests the Government to pursue its efforts to ensure that they are protected from the worst forms of child labour and to facilitate their access to education. It requests the Government to continue providing information on the effective and time bound measures taken in this regard, as well as the results achieved in terms of number of OVCs who have benefited from such measures.

The Committee is raising other matters in a request addressed directly to the Government.