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

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Kenya (Ratification: 1990)

Other comments on C144

Observation

2012
2010

Direct Request

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Effective tripartite consultations. The Committee notes the Government’s brief report received in August 2012 in reply to the observation formulated in 2010. In its previous observation, the Committee noted that the National Labour Board (NLB) discussed the following unratified Conventions: the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Social Security (Minimum Standards) Convention, 1952 (No. 102), the Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168), the Maternity Protection Convention, 2000 (No. 183), the Safety and Health in Agriculture Convention, 2001 (No. 184), the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), the Maritime Labour Convention, 2006 (MLC, 2006), the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), and the Work in Fishing Convention, 2007 (No. 188). In its report, the Government indicates that the NLB International Labour Standards Committee has not been able to discuss the ratification of the unratified Conventions due to other urgent matters. However, the tripartite committee will endeavour to discuss them during this financial year, pending the enactment into law of the new process of ratification of international instruments. The Government also indicates that comments from the NLB on instruments submitted to the National Assembly are still being awaited and will be reported back as soon as received. The Committee invites the Government to provide information in its next report on consultations held within the National Labour Board on unratified Conventions and the outcome of such consultations (Article 5(1)(c)). It would also welcome receiving information on proposals which may have been made by the National Labour Board regarding the instruments adopted by the Conference at its 99th, 100th and 101st Sessions that were submitted to the National Assembly in August 2012 (Article 5(1)(b)). Please also provide information on the other matters covered by Article 5(1) of the Convention (replies to questionnaires concerning items on the agenda of the Conference and questions arising out of reports to be made on the application of ratified Conventions).

[The Government is asked to reply in detail to the present comments in 2014.]