ILO supports a Judiciary-led stakeholder workshop on Convention 190 and Recommendation 206

Nairobi (ILO News) On 16th and 17th September 2024, the second Employment and Labour Relations Annual Symposium and Exhibition (ELRASE 2) took a significant step towards advancing workplace safety and dignity in Kenya. Hosted at the University of Nairobi, this year’s symposium brought together experts, practitioners, and key stakeholders to explore the role of the Employment and Labour Relations Court (ELRC) in fostering a world of work free from violence and harassment, including gender-based violence. The focus of the discussions was the application and mainstreaming of ILO Convention 190 (C190) and Recommendation 206 (R206) in Kenya and globally.

The symposium, under the theme “The role of the Employment and Labour Relations Court in fostering the right to work free from violence and harassment: including gender-based violence and harassment,” addressed one of the most urgent issues in today’s labour environment. The sub-theme, which focused on the mainstreaming of ILO Convention 190 (C190) and Recommendation 206 (R206), served as a reminder of the shared responsibility to create safe, inclusive, and dignified workplaces, free from all forms of violence and harassment.

Chief Justice Martha Koome, in her keynote address during the opening session, emphasized the importance of workplace safety, stating, “The workplace should be a sanctuary for productivity, not a breeding ground for harassment or violence. Our courts must champion the rights enshrined in our constitution and international conventions, ensuring that every worker is treated with dignity and respect.” The Chief Justice reaffirmed the judiciary's role in upholding these rights through its work in the Employment and Labour Relations Court (ELRC), which continues to serve as a key pillar in Kenya’s efforts to foster fairness and dignity in the workplace.

The convention featured in-depth workshops and expert panels, where practitioners shared insights into the interpretation and local application of C190 and R206. Among the contributors were technical experts Amanda Mejia and Ida Chimedza from the ILO Pretoria Office, who served as discussants, panellists, and presenters. Their participation provided a technical and global perspective on other countries’ implementation of international standards to create safer, more inclusive workplaces.

© ILO

© ILO

Although Kenya has not yet ratified C190 or adopted R206, the principles enshrined in these instruments have been integrated into the country's domestic laws. During the symposium, judges and legal practitioners presented case examples where C190 principles have been applied in Kenyan judicial decisions. Moreover, panellists and discussants highlighted the deep-rooted cultural practices that perpetuate harassment in the workplace. They further emphasized the expansive scope of the convention in the process of domesticating its provisions and underscored the importance of ratifying complementary conventions to enhance the legal framework.

Cabinet Secretary for the Ministry of Labour and Social Protection, Dr Alfred Mutua, echoed these sentiments, affirming Kenya’s commitment to ratify ILO Convention 190. He stated, “Kenya commits to ratify C190 among other ILO conventions in our bid to create a safe working environment.” The Cabinet Secretary further highlighted ongoing work towards the ratification of three fundamental ILO instruments: the Freedom of Association and Protection of the Right to Organize Convention, 1948 (C87), the Occupational Safety and Health Convention, 1981 (C155), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (C187). In addition, Kenya is making progress towards ratifying five technical conventions, including the Social Security (Minimum Standards) Convention, 1952 (C102), the Labour Administration Convention, 1978 (C150), the Domestic Workers Convention, 2011 (C189), and the Private Employment Agencies Convention, 1997 (C181).

ILO Country Director praised the judiciary's role, stating, “We express our gratitude to Chief Justice Martha Koome and the Judiciary for their ongoing engagement. The judiciary plays a pivotal role in upholding justice, and we look forward to continuing our collaborative efforts to advance labour standards and empower our judiciary.”

The symposium concluded with a landmark moment, as key stakeholders from the Judiciary, the Ministry of Labour and Social Protection, the Federation of Kenya Employers (FKE), the Central Organization of Trade Unions (COTU), and the Law Society of Kenya signed a joint communique. This document reaffirmed their collective commitment to supporting the ratification of C190 and the adoption of R206, laying the groundwork for implementing these standards in Kenya.

With such dedicated collaboration across multiple sectors, Kenya is on the path to creating safer and more dignified work environments for all. The ILO remains committed to supporting this transformative journey.

The ILO has previously partnered with the Kenyan Judiciary through ELRC in supporting the training of judges on International Labour Standards by the International Training Centre of the ILO (ITCILO), and the ILO Labour Law and Reform Unit (LABOURLAW), collaborating with the Kenya Judiciary Academy (KJA).