Human Rights Due Diligence – Kenya
| CHAPTER TWO: SITUATIONAL ANALYSIS AND THEMATIC AREAS OF FOCUS
2.2 Kenya’s Experience with Business and Human Rights [Pages 6-7] To develop a sustainable and equitable extractive sector, these challenges must be addressed especially since they have a far reaching impact on human rights. There is need to embed international human rights standards early into the exploration and drilling contracts, impact assessments, due diligence mechanisms and business reporting. This National Action Plan clarifies the Government’s expectation from concerned businesses in this regard.
CHAPTER THREE: POLICY ACTIONS Policy Actions [Page 21] The Government will: i. Introduce a requirement for conducting Human Rights due diligence including the particular impacts on gender before approval of licences/permits to businesses; […]
3.2. Pillar 2: Corporate Responsibility to Respect Human Rights [Page 18] Human rights due diligence is the primary tool that ensures that businesses identify the human rights risks of their activities, take measures to avoid or mitigate them, and where the harm has already occurred, ensure that the victims have access to an effective remedy. This responsibility extends beyond their activities to their business relationships including suppliers and contractors. There is no mandatory requirement for human rights due diligence. Businesses, including state-owned enterprises, have not embraced the practice of engaging those whose rights are most likely to be impacted by their operations. […]
Policy Actions [Page 19] c) Human rights due diligence: Require businesses to identify their human rights impacts 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 human rights violations. Such impact assessment should involve meaningful consultation with potentially affected groups and other relevant stakeholders and include particular gendered impacts.
CHAPTER FOUR: IMPLEMENTATION AND MONITORING 4.1. SUMMARY OF POLICY ACTIONS [Annex]
ANNEX 2: LEGISLATION PROPOSED FOR ENACTMENT OR AMENDMENT
|