Kenya commits to develop a National Action Plan on business & human rights

Kenya has committed to developing a National Action Plan on Business and Human Rights, a comprehensive strategy for protecting against human rights abuses by companies.  It is one of the first governments in Sub-Saharan Africa to do so.  As part of the NAP process, Kenya has commissioned a National Baseline Assessment and a survey of existing business-related human rights abuses. These will be carried out by the Kenya Human Rights Commission and the Danish Institute for Human Rights, respectively, with the Kenya National Commission on Human Rights playing a key supporting role.

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Article
12 September 2017

Kenya publishes baseline assessment on business & human rights as a precursor to National Action Plan

Author: Kenya National Commission on Human Rights

"Kenya National Baseline Assessment on Business & Human Rights 2017

…[D]uring the 2015 UN Universal Periodic Review, Kenya accepted a recommendation to develop a NAP for the implementation of the UNGPs. This Baseline Report has been prepared to support the development of NAP. The baseline seeks to assess some of the country’s key laws and regulations that guide the conduct of business in order to identify the extent to which they speak to human rights, their enforcement, gaps and recommendations. It is as a result of desk review of the extent to which the government of Kenya has implemented its obligations in promoting the respect of human rights, protecting against human rights violations by business enterprises through policies, laws and regulations and their enforcement as well as provision of appropriate and effective remedies for breach.  

This report will be complemented by country-wide stakeholder consultations with businesses, communities and civil society organizations and government that seek to identify the most common areas of tension between business and human rights, how they manifest and recommend solutions that address them. The report is divided into two sections. The first section, introduction, presents a brief summary of the journey towards NAPs including where we are globally; the methodology used in preparing this baseline; and the country context. The second section comprises key findings and recommendations of state obligations under pillars 1 and 3 and assesses the extent to which the government in its policy -making and legislative action, enforcement and provision of judicial and non - judicial remedies adheres to the UNGPs. The report is not exhaustive in its analysis of the current status of implementation, and focuses on the issues of land and natural resources; labour, environment, revenue transparency and; accountability and access to remedy. The choice of the five issues was based on a non -scientific survey of the most common areas of impact by business operations that affect the enjoyment of human rights.

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Article
1 March 2016

Attorney General says Kenya "has committed to developing a National Action Plan on Business and Human Rights"

Author: Githu Muigai, Attorney General (Kenya)

"Kenyan Government Commits to Develop a National Action Plan on Business and Human Rights"

Kenya has committed to developing a National Action Plan on Business and Human Rights, a comprehensive strategy for protecting against human rights abuses by companies…

Recent years have seen a significant increase in foreign investment and remarkable growth in the domestic private sector. While these trends may support sustainable development, they may also adversely affect workers' rights, communities and the environment. Adverse effects involving companies range from community displacements, child labour, environmental degradation and detestable working conditions. Without deliberate state stewardship, Kenya's expanding investments may lead to unmitigated violations…

The development of a National Action Plan encompasses a deliberative, consultative and facts-based process. As an initial step, the government has commissioned a survey of human rights impacts linked to business activities in Kenya. This includes the full range of internationally and regionally recognized human rights, including labour conditions, environmental management and the collection and distribution of revenues. It will also encompass companies of all industries and sizes, in both the formal and informal sectors.

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Article
1 March 2016

Danish Institute for Human Rights & Kenya Human Rights Commission to play key role in Kenya National Action Plan

Author: Danish Institute for Human Rights

“Danish Institute for Human Rights and Kenya Human Rights Commission to play key role in Kenya National Action Plan”

 …[The] Kenyan government announced its commitment to a National Action Plan on Business and Human Rights. As part of this process, the government has asked the Danish Institute For Human Rights (DIHR), Denmark's National Human Rights Institution and the Kenya Human Rights Commission (KHRC), a leading civil society actor on the issue of human rights and business, to produce the factual basis on which the National Action Plan will proceed.

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