Gender & Women’s rights

CHAPTER TWO: THEMATIC AREAS OF FOCUS

2.1 Land and Natural Resources [Page 13-14]

Several SDGs relate to land and natural resources. These include […] 2.3 (double agricultural productivity and incomes of small-scale food producers, in particular women, indigenous peoples, family farmers, pastoralists and fishers, including through secure and equal access to land…) […].

The country has […] made strides in the legal protection of women’s property rights in matters of ownership, inheritance, management and disposal.
The NAP consultations identified the following challenges related to land, natural resource development and business:

5. Cultural and historical barriers to access to land by women, minorities and marginalised groups such as indigenous persons. These barriers limit these groups’ participation in and decision-making power over land-related issue 

2.4. Labour [Page 17-19]

It is important that the labour market is regulated to ensure compliance with Constitutional and international standards. Several SDGs and ILO core conventions cover various aspects of working conditions including; […] reduction of inequality, quality education and gender equality. The relevant SDG targets include: […] 2.3 (double the agricultural productivity and incomes of small scale food producers, in particular women, indigenous peoples, family farmers, pastoralists and fishers); 4.5 (eliminate gender disparities in education and ensure equal access to all levels of education and vocational training for the vulnerable including persons with disabilities, indigenous peoples and children in vulnerable situations); 5.2 (eliminate all forms of violence against all women and girls in the public and private spheres, including trafficking, sexual and other types of exploitation); and 8.5 (achieve full and productive employment and decent work for all women and men, including for young people and persons with disabilities, and equal pay for work of equal value); 8.8 (protect labour rights and promote safe and secure working environments for all workers, including migrant workers, in particular women migrants, and those in precarious employment); Other Constitutional rights related to labour include  […] equality and freedom from discrimination under Article 27, specifically including the equal rights of women and men to opportunities in the economic sphere and the dictate that, no person shall discriminate against another person directly or indirectly on grounds including sex, health status, religion, ethnic origin, disability and social origin.

During the stakeholders’ consultations the following concerns were identified:

1) Sexual harassment is widespread and underreported, with women being the majority of victims. Fear of job loss is a major factor in the reluctance to report. Furthermore there is low enforcement of the Sexual Offences Act, 2006;
2) Lack of access to maternity and paternity leave. While the law provides and protects both maternity and paternity leave, not all workers in the private sector are able to access this benefit for fear of job loss. Once again, enforcement of the law in this resepct [sic] remains weak;

3) Low level of awareness on labour rights among workers (mostly women in low income or low skilled jobs) and employers;

5) Lack of publicly available statistics disagregated [sic] by sex and other vulnerabilities that could be useful in addressing sex and other forms of discrimination in the workplace […]

2.4 Access to Remedy [Page 19]

[…] there are a number of legislative provisions regulating business conduct to protect those within Kenya’s jurisdiction from business-related human rights violations. Protection against discrimination on the ground of HIV/AIDS status, for example, covers those in employment. The same applies to the protection of discrimination against persons with disabilities, women and marginalised groups.

 

CHAPTER THREE: POLICY ACTIONS

3.1. Pillar 1: The State Duty to Protect [Page 21-22]

Policy Actions

The Government will:

8) Sensitise relevant sections of the public especially women and other marginalised and minority groups on Land laws, including resettlement and compensation frameworks Labour laws and the rights of migrant workers and environmental laws and standards;

9) develop procedural guidelines for use by businesses, individuals and communities in their negotiations for land access and acquisition. These guidelines will ensure and safeguard the participation of women … and other marginalised groups;

12) strengthen leverage in using public procurement to promote human rights. This will involve the review of existing public procurement policies, laws and standards and their impacts with due regard to the state’s human rights obligations including the participation of women …

3.2. Pillar 2: Corporate Responsibility to Respect Human Rights  

Policy Actions [Page 23-24]     

a) Training

The Government will:

1. develop and disseminate guidance for businesses on their duty to respect human rights and the operationalisation of this duty in the Kenyan context, including the implications of their operations on the … gender, … and other vulnerable groups to promote responsible labour practices and inclusivity.

c) Human rights due diligence

The government will require businesses to carry out comprehensive human rights due diligence including through conducting comprehensive and credible human rights impact assessments before they commence their operations and continuously review the assessment to ensure that they prevent, address and redress any human rights violations. Such impact assessment should involve meaningful consultation with potentially affected groups and other relevant stakeholders and include particular gendered impacts.

3.3. Pillar 3: Access to Remedy

Policy Actions [Page 25]

A) State-based judicial and non-judicial remedies

7. increase the capacity of the labour inspection department to handle labour related grievances, including through:

  • increasing the number of labour inspectors to monitor and enforce compliance with labour standards by businesses, with particular attention to the implementation of mandatory policies to prevent and address sexual harassment and violence, payment of minimum wages, equal pay for work of equal value, prohibition of child labour and non-discrimination against women […]

 

CHAPTER FOUR: IMPLEMENTATION AND MONITORING [Page 27]

To ensure that the measures proposed in this NAP are implemented, there shall be a NAP steering committee overseen by the Department of Justice and the Kenya National Commission on Human Rights. The Implementing Committee will consist of representatives from the following institutions:

4. Three (3) Civil Society Organizations Representatives of persons living with disabilities, women and indigenous persons

13. National Gender & Equality Commission

 

4.1. SUMMARY OF POLICY ACTIONS [Annex] 

Strategic Objective Policy Actions Responsible Actor(s)
Strategic Objective 1:

Enhance existing policy, legal, regulatory and administrative framework for ensuring respect of human rights by business through legal review and development of specific guidance for business

Develop guidelines for businesses to ensure that they are sensitive to the implications of their operations on gender, human rights defenders and minorities, persons living with disabities [sic], marginalised and other vulnerable groups to promote responsible labour practices and inclusivity.