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Kenya publishes baseline assessment on business & human rights as a precursor to National Action Plan
Author: Kenya National Commission on Human Rights, Published on: 12 September 2017
"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.