Social Protection Monitor | Kenya
SOCIAL PROTECTION MONITOR INITIATIVE
HOW IS THE EU CONTRIBUTING TO MAKE SOCIAL PROTECTION A REALITY FOR ALL THROUGH ITS DEVELOPMENT
COOPERATION PROGRAMS?
Please send your comments and analysis back to
Barbara.caracciolo@solidar.org and solidar@solidar.org before Monday 24 August 2015
1 | INTRODUCTION
The Social Protection Monitor is a tool - developed by SOLIDAR members and the African Platform for Social Protection to allow
partner organizations and allies to evaluate the priorities set in the EU development cooperation programs with selected countries in
Africa, Asia and Latin America.
The purpose of this tool is to see how European Commission development programs include (or not) the promotion of social
protection for all or any of the following benchmarks:
1.
2.
3.
4.
5.
Improving access to essential services
Ensuring Income security
Promoting a Rights Based Approach to Social Protection
Freedom of association
Financing Social Protection
1
Social Protection Monitor | Kenya
2 | EU-KENYA DEVELOPMENT COOPERATION RELATIONS
(Source: National Indicatives programme (2014- 2020) EU – KENYA)
The links between the European Community (EC) and Kenya were forged as early as 1968 when the then East African Community
signed the Arusha Convention establishing trade relations between three partner States (Kenya, Tanzania, Uganda) and the EC.
Economic, trade and political relations continued to be established between the European Union (EU) and Kenya under the
framework of the successive Lomé Conventions, to which Kenya became a signatory in 1975, and the Cotonou Partnership
Agreement. Today relations have advanced and are very much driven by mutual interests in the economic and social development of
the country as well as the will to promote a common political agenda of human rights, democracy and peace in the country and the
region.
Kenya is a key regional partner for the EU. The EU works with Kenya to secure peace in Somalia, and to enhance maritime security.
The Regional Maritime Capacity Building Mission in the Horn of Africa and the Western Indian Ocean EUCAP Nestor as well the EU
support to African Union Mission in Somalia (AMISOM) and its comprehensive strategy towards the Horn of Africa provide the
framework for this cooperation.
The EU is a very important trade partner for Kenya (31% of imports, 26% of exports). The conclusion of the Economic Partnership
Agreement (EPA) is regarded as important by Kenya notably in view of the importance of its exports to the EU for its economy.
On 19 June 2014, the EU- Kenya National Indicative Program 2014 – 2020 was signed. The main long term policy document guiding
the development of Kenya is Vision 2030 a national development blue-print to create a globally competitive and prosperous nation
transforming Kenya into a middle-income country providing a high quality of life to all its citizens by 2030 in a clean and secure
environment. This vision is anchored on three key pillars; economic, social and political governance.
Based on Vision 2030, the Agenda for Change and the Division of Labour among Donors, the NIP proposes to focus on the following
three sectors:

Sector 1 - Food Security and Resilience to climate shocks with an indicative budget of 190 MEUR

Sector 2 - Sustainable Infrastructure with an indicative budget of 175 MEUR

Sector 3 - Accountability of public institutions with an indicative budget of 60 MEUR
The choice of sectors is based on the Government of Kenya priorities as elaborated in the Vision 2030's MTP II, the EU Agenda for
Change and the Division of Labour (DoL) among donors as proposed by the Aid Effectiveness Group (AEG). It was also endorsed by
the Civil Society Organisations (CSOs) gathered (80 in total, including Local Authorities networks) at a consultation meeting held by
the EU Delegation in September 2013.
2
Social Protection Monitor | Kenya
3 | HOW TO USE THE MONITORING TABLE?
Here below you will find Table 1. In the third and fourth column of the tracking table, you will find a selection of the priorities of the
cooperation program between the EU and a specific country.
Based on your own experience and your knowledge of the social reality of your country/community, we ask you to comment, in the
column “Members and Partners Qualitative and Quantitative Analysis”', on these priorities, including their approach or on the
lack of some elements that you consider important and that the EU should take into account, and why.
In other words, we would like to know:
-
What do you think of the priorities of cooperation between the EU and your country and why?
-
Do you think the EU should focus on other priorities and, if so, why?
-
What information would you share with the EU to influence its policies of cooperation with your country?
-
What are the needs the EU should take into account when establishing its priorities for cooperation with your
country and why?
-
Do you have any recommendations to make to the EU?
The information you provide will be used in a publication addressed to the EU delegation in your country and those responsible for
development cooperation and EU foreign policy in Brussels.
NOTE: It is not necessary to comment on all benchmarks and indicators. You can focus on those that are relevant for you. The
column "Other Comments" offers you the opportunity to share information, comments and recommendations on other elements /
aspects that are not mentioned, but that that you consider important to mention.
Finally, let us know if you wish to develop one case study highlighting good practices in one or more of the benchmarks.
3
Social Protection Monitor | Kenya
KENYA
Benchmark
(B)
Indicators
EU-Kenya National Indicative Program (2014-2020)*
B1
Improving
access to
essential
services
Access to health
care (including,
for example,
coverage of
informal economy
workers; Brain
drain of medical
personnel; Out of
pockets
payments)
The new 2010 Constitution brings about fundamental
changes to the way Kenya is governed notably through
devolution of responsibility from central government to
the new counties government. This is particularly
relevant for the implementation of the health care
primary services including nutrition and for the
implementation of the agriculture and ASAL policies
whereby the County Governments have now the
responsibility (Kenya Gazette Supplement № 116 - 9
August 2013) to regulate, implement and deliver
services encompassing crop, livestock and fisheries as
well as disaster risk reduction investments and land
conflict resolution. The Ministry's functions, as per
Executive Order №2 of 20 May 2013, are now focused
on broad ranging policy formulation, standards setting
and oversight to evaluate conformity of counties'
implementation with national policies and strategies
(p.10)
Members and Partners Qualitative and
Quantitative Analysis (comments,
analysis, feedback)
Lessons learnt from past interventions show there is a
strong relationship between resilience building and
other aspect of development. Past failure to manage
risks had consequences in various areas, including
livelihood and environmental sustainability, health
and nutritional status, educational opportunity,
social development, political stability, inequality,
and economic growth. Effective actions in all these
sectors are essential to bring sound resilience together
with a paradigm shift in the way governments,
4
Social Protection Monitor | Kenya
KENYA
Benchmark
(B)
Indicators
EU-Kenya National Indicative Program (2014-2020)*
Members and Partners Qualitative and
Quantitative Analysis (comments,
analysis, feedback)
development partners and NGOs do business. (p. 10)
Access to
Education
Access to
Vocational
training (VET),
skills
development,
recognition of
Non formal,
Informal learning
(NFIL) acquired
skills
Access to other
services (e. g.
water and
sanitation, food
security,
housing...)
The Food Security and Resilience to climate shocks
sector will improve food security of the rural population
and their resilience to future climatic shocks. In
particular, EU support will enable institutions and
stakeholders in the agriculture sector to develop, adjust
and to implement disaster risk reduction strategies. To
this end, the NIP foresees a multifaceted approach
covering nutrition, agriculture productivity
integrating market linkages, diversification of
livelihood sources as well as climate proof
investments at community and at county levels.
(p.4-5)
Food Security and Resilience to climate shocks
The overall and specific objectives: Overall objective:
5
Social Protection Monitor | Kenya
KENYA
Benchmark
(B)
Indicators
EU-Kenya National Indicative Program (2014-2020)*
Members and Partners Qualitative and
Quantitative Analysis (comments,
analysis, feedback)
Food security of the rural population and their resilience
to future climatic shocks is sustainably improved.
Specific obiective: Institutions and stakeholders in the
agriculture sector are able to develop, adjust and
implement Disaster Risk Reduction strategies involving
a multisectoral approach to nutrition, agriculture
productivity integrating market linkages, diversification
of livelihood sources as well as supporting climate proof
investments at community and at county levels.
Result 1: Food security and nutrition of the most
vulnerable part of the population and their resilience to
climatic shocks are improved. (p. 15)
Rural Poverty: Nearly half (47%) of Kenya's rural
population is living below the poverty line and unable to
meet its nutritional requirements. High levels of rural
poverty persist because of the high population growth
rate, small landholdings, frequent droughts, large rural
income disparities, and strong linkages between
poverty and environmental degradation particularly poor
water management, soil erosion and declining fertility.
The majority of the poor are living in the medium-high
potential areas that cover about 16% of the country.
Food security continues to be a major concern with an
estimated 3.8 million or 47% people in rural areas either
highly or extremely food insecure. On nutrition, official
data indicate that 33% of children under five years of
age are stunted, and that 20% of all children are
6
Social Protection Monitor | Kenya
KENYA
Benchmark
(B)
Indicators
EU-Kenya National Indicative Program (2014-2020)*
Members and Partners Qualitative and
Quantitative Analysis (comments,
analysis, feedback)
underweight. Very little progress has been made in
combating chronic malnutrition. The agriculture sector
remains the backbone of the economy, although its
share in the GDP has declined from nearly 40% in the
1970s, to about 28% in 2011. About 80% of people
working in agriculture are smallholders, who use low
quantities of modern inputs, employ inappropriate
practices that lead to soil degradation, have limited
access to technical and financial services, have
significant post-harvest losses, selling mostly at farm
gate at low prices. Women contribute 80% of all labour
in food production and 50% in cash crop production, it
is estimated that over 40% of smallholder farms are
managed by women as men increasingly migrate for
nonagricultural labour. Female-headed households
have lower income and higher poverty incidences and
to a less extent land owners. Youth form 30% of the
population and 60% of the total labour force. The
majority is unemployed and resource poor to start their
own business. The ASALs have-the-lowestdevelopment-indicators-and-the-highest-incidence-of
poverty with an increasing larger percentage of the
population falling out of the agropastoralist system
becoming reliant on social transfer and remittance from
urban population in the absence of alternative source of
livelihood. (p. 10)
Kenya's power system consists of the national grid
and several mini-grids serving areas located far from
the national grid. Yet, only about 29% of households
7
Social Protection Monitor | Kenya
KENYA
Benchmark
(B)
Indicators
EU-Kenya National Indicative Program (2014-2020)*
Members and Partners Qualitative and
Quantitative Analysis (comments,
analysis, feedback)
in Kenya have access to grid electricity and over
68% of people in Kenya still rely on traditional biomass
for cooking and heating. The connection rate is around
15% in the rural areas. Kenya lags behind its economic
peers in household electrification and per capita energy
leading to unequal accessibility of energy services.
Vulnerability of energy supplies and dependence on
imported fuels, traditional biomass and hydro power
leaves Kenya prone to price volatility, supply instability
and interruptions in dry periods which cause physical
hardship and economic burden. Inadequate, low quality
and highly priced energy supply contribute significantly
to the prevailing high cost of doing business in the
country. As such the two main challenges concern
inadequate electricity generation that in turn is too
expensive. A number of strategies have been put in
place in the country as part of ongoing efforts to
improve access to modem energy services, increase
generation capacity, strengthen transmission and
distribution systems, as well as improve energy
security. The sustainable growth will require the
promotion of renewable energy, energy conservation,
energy efficiency and energy substitution programmes
for households, industry and the transport sectors.
Given the significant proportion of rural populations for
whom biomass (predominantly fuel wood) still
represents the main energy source, the promotion of
sustainable use of fuel wood and improving the energyefficiency of wood-burning stoves is critical. The
sustainable management of forest resources also
8
Social Protection Monitor | Kenya
KENYA
Benchmark
(B)
Indicators
EU-Kenya National Indicative Program (2014-2020)*
Members and Partners Qualitative and
Quantitative Analysis (comments,
analysis, feedback)
complements objectives under sector 1) Food security,
as well as mitigates against climate change and
reduces land degradation. In order to address the
infrastructure challenges, MTP II focuses on sustaining
and expanding Kenya's physical infrastructure to
ensure that it can support a rapidly-growing economy.
[…] The major investments in energy and transport will
only lead to sustainable social and economic
development if the negative impacts on the
environment are mitigated and green growth policies
are mainstreamed. (p. 11)
Result 3: A conducive environment for long-term food
security, rural growth economy and resilience building
supported. (p.16)
The inadequate investment in infrastructure
development and maintenance is recognised as one of
the main contributors to the high cost of doing business,
undermining competitiveness and adversely affecting
trade and regional integration. It also increases the
cost of providing social services and curtails access
to markets, in particular to the remote parts of the
country. (p.10)
B2
Income
security
Decent Minimum
Wage
Living Income
Kenya is the leading economy in the region and has the
9
Social Protection Monitor | Kenya
KENYA
Benchmark
(B)
Indicators
EU-Kenya National Indicative Program (2014-2020)*
(e. g. for young
people entering
the labour
market)
potential to become a middle income country. Economic
performance is on the rise, and macroeconomic
stabilization is showing good results. However, poverty
levels remain high, progress towards the Millennium
Development Goals sketchy. Recurrent severe
droughts illustrate the fragility of the socioeconomic
development. Boosting competitiveness, targeted
investments for more jobs, and addressing
vulnerabilities and continue the reform process are
key economic priorities.
Members and Partners Qualitative and
Quantitative Analysis (comments,
analysis, feedback)
The main long term policy document guiding the
development of Kenya is Vision 2030 a national
development blue-print to create a globally competitive
and prosperous nation transforming Kenya into a
middle-income country providing a high quality of life to
all its citizens by 2030 in a clean and secure
environment. This vision is anchored on three key
pillars; economic, social and political governance.
(p. 4)
The agricultural sector has set the following targets by
2015: (i) reduced number of people living below
absolute poverty lines to less than 25%, to achieve
the first MDG; (ii) reduced food insecurity by 30% to
surpass the MDGs; (iii) increased contribution of
agriculture to GDP by more than KES 80 billion per year
as set out in Vision 2030; (iv) divest from all state
corporations handling production, processing and
marketing that can be better done by the private sector;
10
Social Protection Monitor | Kenya
KENYA
Benchmark
(B)
Indicators
EU-Kenya National Indicative Program (2014-2020)*
Members and Partners Qualitative and
Quantitative Analysis (comments,
analysis, feedback)
and (v) reformed and streamlined agricultural services
such as in research, extension, training and regulatory
institutions to make them effective and efficient. (p. 9)
It will be important to address the needs of counties for
climate proof infrastructure which will bridge the climate
proof infrastructure developed by communities and
those developed by the national government. It is also
important to conserve critical watersheds to maintain
continued provision of critical ecosystem services
benefiting communities adjacent to the watersheds and
beneficiaries further afield. In addition, counties are
indicating the lack of peace and security as a limiting
factor for their inclusive development and therefore
interventions on land governance would need to be
expanded. Finally, in view of increased division of
labour and synergy with government programmes,
coordination at all levels will have to be strengthened.
(p.16)
Unemployment
Benefits
High youth unemployment and socioeconomic and
regional inequalities are also important challenges.
(p.6)
Decent
Livelihoods
The Food Security and Resilience to climate shocks
sector will improve food security of the rural
population and their resilience to future climatic
shocks. In particular, EU support will enable institutions
and stakeholders in the agriculture sector to develop,
adjust and to implement disaster risk reduction
11
Social Protection Monitor | Kenya
KENYA
Benchmark
(B)
Indicators
EU-Kenya National Indicative Program (2014-2020)*
Members and Partners Qualitative and
Quantitative Analysis (comments,
analysis, feedback)
strategies. To this end, the NIP foresees a multifaceted
approach covering nutrition, agriculture productivity
integrating market linkages, diversification of livelihood
sources as well as climate proof investments at
community and at county levels. (p.4-5)
Specific objective 1: The ASAL institutions and
stakeholders in the agriculture sector are able to
develop, adjust and implement Disaster Risk Reduction
strategies involving a multifaceted approach covering
nutrition, agriculture productivity integrating market
linkages, diversification of livelihood sources as well
as supporting climate proof investments at community
and at county levels. (p.15)
B3
Promoting a
Rights Based
Approach to
Social
Protection
Entitlement to
Social
Protection
Floors
The ASAL [Arid and Semi-Arid Lands] policy "Releasing
our full potential" aims at integrating ASAL in the
national economy, building the resilience of its
population to future climatic shocks including climate
proof infrastructure, developing alternative approaches
to service delivery, governance and public
administration that will accommodate the specific
realities of the ASAL and finally mobilising the
resources necessary to reduce inequality. Measures to
improve agricultural output should emphasise
sustainable land management techniques, including
agro-forestry and other measures for the sustainable
management of natural resources. The policy is peoplecentred by recognising the need to develop a
community approach and the need to cater for the
12
Social Protection Monitor | Kenya
KENYA
Benchmark
(B)
Indicators
EU-Kenya National Indicative Program (2014-2020)*
Members and Partners Qualitative and
Quantitative Analysis (comments,
analysis, feedback)
pastoral way of life in providing adapted solutions in
terms of governance, growth and access to social
services. The policy was developed from the finding of
the post crisis need assessment that was made by the
World Bank in 2010 (p.9)
Universality of
protection
Economic, trade and political relations continued to be
established between the European Union (EU) and
Kenya under the framework of the successive Lomé
Conventions, to which Kenya became a signatory in
1975, and the Cotonou Partnership Agreement. Today
relations have advanced and are very much driven by
mutual interests in the economic and social
development of the country as well as the will to
promote a common political agenda of human
rights, democracy and peace in the country and the
region. (p.6)
Social inclusion
including people
in the Informal
economy,
Migrants, Young
people and
Minorities (e. g.
indigenous
groups) > positive
actions to enable
access by those
who suffer from
In the Sustainable Infrastructure sector the focus will
be on poverty reduction and accelerated and inclusive
economic growth through more sustainable and
efficient energy and transport infrastructure. The two
main objectives are to develop 1) more efficient and
environmentally friendly energy services that are
accessible to all and 2) a more efficient and safe
transport system for increased productivity and reduced
negative environmental impact. The preferred mode of
financing the projects shall be blending of EU grants
with loans from European financial institutions including
the European Investment Bank (EIB). The identification
13
Social Protection Monitor | Kenya
KENYA
Benchmark
(B)
Indicators
EU-Kenya National Indicative Program (2014-2020)*
structural
discrimination
such as women,
persons with
disabilities,
indigenous
peoples,
minorities and
older persons.
of other potential financial partners and the negotiation
with them will start during the project identification
stage. (p. 5)
Members and Partners Qualitative and
Quantitative Analysis (comments,
analysis, feedback)
Food Security and Resilience to climate shocks
Result 2: Productive climate resilient agriculture and
community investments to safeguard productivity
against climatic shocks supported. In order to increase
agricultural output at national level it will be necessary
to transform the agricultural model of a significant
number of small holder farmers from subsistence
farming to farming as a business. Support could build
upon the EU's current experience in the promotion of
strategic value chains (including those for sorghum,
maize, pulses, cassava, livestock, poultry, and
fisheries) which have had proven impact on the food
security situation at national level. Interventions should
adopt a comprehensive approach; this includes
improved agricultural practices, notably those that are
climate resilient, a complete range of financial services
as well as Е-services to farmers. Integrating the youth
and women farmers will also be a priority in order to
respond to the aging famers/pastoralist population,
unemployment and above all the need to empower
women. Supporting research for promising yielding/elimate-resilient-agro-teehnologies-is-also-eritiGal-as-demonstrated-by-the-sucGess-of- EU
investment in past in research on climate proof
insurance, drought adapted plants and farming
practices. (p.15-16)
14
Social Protection Monitor | Kenya
KENYA
Benchmark
(B)
Indicators
EU-Kenya National Indicative Program (2014-2020)*
Members and Partners Qualitative and
Quantitative Analysis (comments,
analysis, feedback)
Access to high
quality public
services (namely
water and
sanitation)
B4
CSOs
participation
EU Delegations
consultation with
CSOs and
mechanisms to
participate in the
design,
implementation,
monitoring and
evaluation of
social protection
programmes.
The choice of [the NIP] sectors is based on the
Government of Kenya priorities as elaborated in the
Vision 2030's MTP II, the EU Agenda for Change and
the Division of Labour (DoL) among donors as
proposed by the Aid Effectiveness Group (AEG). It was
also endorsed by the Civil Society Organisations
(CSOs) gathered (80 in total, including Local
Authorities networks) at a consultation meeting
held by the EU Delegation in September 2013. (p 7)
[The EU] Responding to continental strategies: Sector
interventions in Kenya will also have to be coherent
with the continental strategies, particularly: the ending
drought emergencies strategies developed by IGAD
and the food security strategies developed by the
African Union under the NEP AD. Lessons learnt from
past interventions show there is a strong relationship
between resilience building and other aspect of
development. Past failure to manage risks had
consequences in various areas, including livelihood and
environmental sustainability, health and nutritional
status, educational opportunity, social development,
political stability, inequality, and economic growth.
Effective actions in all these sectors are essential to
15
Social Protection Monitor | Kenya
KENYA
Benchmark
(B)
Indicators
EU-Kenya National Indicative Program (2014-2020)*
Members and Partners Qualitative and
Quantitative Analysis (comments,
analysis, feedback)
bring sound resilience together with a paradigm shift in
the way governments, development partners and NGOs
do business. A common programme framework needs
to be developed to operationalise the policies dealing
with food security and disaster mitigation measures and
for a more effective implementation and to avoid
duplication and overlaps. Environment conservation
and an effective natural resource management is
crucial in this regard.(p.10)
National
government
participation
and consultation
of CSOs and
mechanisms to
participate in the
design,
implementation,
monitoring and
evaluation of
social protection
programmes
There will be no specific allocation for civil society
support. However, civil society organisations will be
among the potential implementing partners and
beneficiaries of the activities of the sectors on "Food
Security and Resilience" and "Accountability of Public
Institutions". (p.5)
Right to seek,
receive and
impart
information
about social
protection
16
Social Protection Monitor | Kenya
KENYA
Benchmark
(B)
B5
Financing
Social
Protection
Indicators
programmes in a
simple,
accessible and
rapid manner
Social Protection
expenditure in
National Budget
EU-Kenya National Indicative Program (2014-2020)*
Members and Partners Qualitative and
Quantitative Analysis (comments,
analysis, feedback)
With the support to enhance the Accountability of
Public Institutions three specific objectives are
pursued, all of which are closely linked to the further
implementation of the 2010 Constitution:
- The justice system is made available to a greater
diversity of Kenyans.
- Public funds are better monitored and accounted for at
all levels of governance.
- The 2017 elections are credible and centered around
issues of public interest.(p.5)
Food Security and Resilience to climate shocks
risk assessment of the sector intervention:
i. Occurrence of a major drought disaster and/or other
climate-related events such as extreme flooding prior to
a common programmatic framework being in place.
ii. Disparity in budgets and allocations
compromising the funding of public service.
iii. The politicisation of the devolution process and the
risk on targeting non disaster risk reduction
investments.
iv. Dynamic of high population growth.
These risks will be mitigated by increased sector
dialogue with line ministries at the political level. (p. 17)
Accountability of public institutions (EUR 60
17
Social Protection Monitor | Kenya
KENYA
Benchmark
(B)
Indicators
EU-Kenya National Indicative Program (2014-2020)*
Members and Partners Qualitative and
Quantitative Analysis (comments,
analysis, feedback)
million)
The overall and specific objectives:
Overall objective: enhance the accountability of public
institutions in the delivery of their constitutional
mandate
Specific objectives:
Support increased equity in access to and delivery of
justice;
Support more transparent management of public funds
at central and county level;
Support elections that are credible and fully compliant
with the Constitution.
The main expected results:
1) The justice system is made available to a greater
diversity of Kenyans
2) Public funds are better monitored and accounted for
at all levels of governance
3) The 2017 elections represent further improvement in
terms of preparation of the elections, polling operations
and compliance with the Constitution (p. 22)
Social Protection
expenditure in EU
Development
Cooperation
Fiscal space /
Progressive
taxation / FTT
Dependency on aid is limited in part due to a taxation
rate of above 20% of GDP which is one of the highest
rates in Sub-Saharan Africa. However progress towards
the Millennium Development Goals remains a
challenge. (p.6)
18
Social Protection Monitor | Kenya
KENYA
Benchmark
(B)
Indicators
EU-Kenya National Indicative Program (2014-2020)*
Members and Partners Qualitative and
Quantitative Analysis (comments,
analysis, feedback)
the perception of governance by Kenyans has hardly
changed over the last years. According to a recent
survey by the Ethics and Anti-Corruption Commission
(EACC),
67.7% of the respondents consider corruption to remain
high in Kenya. 67.6% of them argue that the level of
corruption is unchanged or even increasing in Kenya.
With regards to justice, while 77% of Kenyans were
aware of the existence of courts in the country, less
than half of them (46.2%) agreed that they could easily
defend their rights in court. In the same baseline study
on governance in Kenya (2012), only 24.7% of the
public understood how devolution would work and
about 29% stated that they understood the county
structures. All these issues can become even more
challenging when combined to the emerging disputes
on the benefits of extractive industries (Turkana,
Coast). Kenya's EITI (Extractive Industries
Transparency Initiative) membership would go a long
way in enhancing the transparency on re-distribution of
the fiscal benefits of extractive industries in the country.
There is also a general sentiment at the moment in
Kenya that the Constitution has not yet delivered on its
promise to fight impunity in Kenya, as illustrated by the
lack of follow-up following the release of the report of
the Truth, Justice and Reconciliation Commission
(TJRC) in May 2013 on past cases of human rights
violations, corruption and land grabbing. (p. 12)
19
Social Protection Monitor | Kenya
KENYA
Benchmark
(B)
Indicators
EU-Kenya National Indicative Program (2014-2020)*
Members and Partners Qualitative and
Quantitative Analysis (comments,
analysis, feedback)
General remarks and other comments Please add feedback on issues not indicated in the above mentioned benchmarks
4 | Contact details:
Organisation:
Name:
Date, Place:
Mail:
Telephone:
Please indicate the name of your organisation
Please include your name here; SOLIDAR will not publish personal data
Please include the date and place of filling out this form here
Please include your e-mail here; SOLIDAR will not publish personal data
Please include your telephone number here; SOLIDAR will not publish personal data
5. Sources:
*National Indicatives programme (2014- 2020) EU - KENYA Cooperation
EUROPEAN COMMISSION - DIRECTORATE GENERAL FOR DEVELOPMENT AND COOPERATION – EUROPEAID and
EUROPEAN EXTERNAL ACTION SERVICE
http://ec.europa.eu/europeaid/sites/devco/files/nip-kenya-20140619_en.pdf
**Economic Partnership Agreement between the European Community and the EAC Partner States 2010
20
Social Protection Monitor | Kenya
http://trade.ec.europa.eu/doclib/docs/2010/february/tradoc_145792.pdf
21
Social Protection Monitor | Kenya
TABLE 2 | GLOBAL SOCIAL PROTECTION MONITOR > OVERVIEW OF KEY HUMAN RIGHTS CONVENTIONS RATIFICATION
AND IMPLEMENTATION (optional)
EU Trade Policy, namely the Generalized System of Preferences plus (GSP plus), submit the concession of trade preferences to
partners countries to the condition that they ratify and implement a series of international public law instruments. Particular attention
is put on the following key Human rights and ILO Conventions and Recommendations.
The GSPs conditionality could, if accompanied by effective and independent monitor, control, denounce and sanctions mechanism,
promote access to social protection through the respect of Governments’ international commitment (such as R202 and Core labour
standards).
For this reason, for countries where GSP plus agreements exist, we will collect feedback on the Implementation of the following key
Human rights and ILO Conventions and Recommendations.
EU-Kenya Trade Relations1:
Kenya is East Africa's regional hub thanks to good location, skilled labour force and vibrant business community.
The EU is Kenya's major trading partner. According to data from Eurostat published in January 2013, trade with the EU represents
17.2% of Kenya's overall trade (second is China with 11.7%). In 2011, EU27 exports to Kenya amounted to 14.2% of Kenya's total
imports (China = 15.4%), and 26% of Kenya's total exports went to the EU (China = 1%).
Conventions
1. International
Covenant on Civil
and Political Rights
Ratification
Implementation
Yes
Yes / No
2. International
Covenant on
Economic Social
and Cultural Rights
Yes
1
Kenya
Reflections and recommendations
Yes / No
http://eeas.europa.eu/delegations/kenya/eu_kenya/trade_relation/index_en.htm
22
Social Protection Monitor | Kenya
Conventions
3. International
Convention on the
Elimination of All
Forms of Racial
Discrimination
Ratification
Yes
4. Convention on
the Elimination of
All Forms of
Discrimination
Against Women
Yes
5. Convention
Against Torture and
other Cruel,
Inhuman or
Degrading
Treatment or
Punishment
Yes
6. Convention on
the Rights of the
Child
Yes
7. Convention on
the Prevention and
Punishment of the
Crime of Genocide
Implementation
Kenya
Reflections and recommendations
Yes / No
Yes / No
Yes / No
Yes / No
No
Yes / No
Yes
8. Minimum Age for
Admission to
Employment (N°
138)
Yes / No
23
Social Protection Monitor | Kenya
Conventions
Ratification
9. Prohibition and
Immediate Action
for the Elimination
of the Worst Forms
of Child
Labour (N° 182)
Yes
10. Abolition of
Forced Labour
Convention (N°
105)
Yes
11. Forced
Compulsory Labour
Convention (N° 29)
Yes
12. Equal
Remuneration of
Men and Women
Workers for Work of
Equal Value
Convention (N°
100)
Yes
13. Discrimination
in Respect of
Employment and
Occupation
Convention (N°
111)
Yes
14. Freedom of
Association and
No
Implementation
Kenya
Reflections and recommendations
Yes / No
Yes / No
Yes / No
Yes / No
Yes / No
24
Social Protection Monitor | Kenya
Conventions
Protection of the
Right to Organise
Convention (N° 87)
15. Application of
the Principles of the
Right to Organise
and to Bargain
Collectively.
Convention (N° 98)
Ratification
Implementation
Yes / No
Kenya
Reflections and recommendations
Yes
Yes / No
Contact details:
Organisation: Please indicate the name of your organisation
Name:
Please include your name here; SOLIDAR will not publish personal data
Date, Place:
Please include the date and place of filling out this form here
Mail:
Please include your e-mail here; SOLIDAR will not publish personal data
Telephone:
Please include your telephone number here; SOLIDAR will not publish personal data
25