|CHAPTER ONE: INTRODUCTION
1.2. The National Action Plan Formulation Process
Stakeholders’ Consultations [Page 4]
Given the wide range of business-related human rights concerns, the NSC identified five themes, prioritised by stakeholders, as the focus of this NAP. These are: land and natural resources, revenue transparency, environmental protection, labour rights and access to remedy. Additionally, there was recognition that certain groups are disproportionately impacted by businesses. In this regard issues of gender, the situation of vulnerable, marginalised and minority groups such as persons with disabilities (PWDs), indigenous groups, were identified as cross cutting issues to be addressed under each of the themes.
CHAPTER TWO: SITUATIONAL ANALYSIS AND THEMATIC AREAS OF FOCUS
2.6 Labour [Page 12]
It is imperative that the labour market is regulated to ensure compliance with constitutional, legal and international standards. Several SDGs and ILO core conventions cover various aspects of working conditions including decent work and economic growth, reduction of inequality, quality education and gender equality. The SDG targets include: [..] 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); […] 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). […]
Other constitutional rights related to labour include Article 30 which prohibits slavery, servitude and forced labour and Article 27 which guarantees equality and freedom from discrimination, 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 […] disability […].
2.7 Access to Remedy [Pages 13-14]
[…] [T]here 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 [Pages 16-17]
The Government will:
viii. 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, persons living with disabilities, youth, children and other marginalised groups;
3.2. Pillar 2: Corporate Responsibility to Respect Human Rights [Pages 18-19]
a) Training: 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 environment, gender, human rights defenders, minorities, persons living with disabilities, marginalised and other vulnerable groups to promote responsible labour practices and inclusivity.
3.3. Pillar 3: Access to Remedy
B) Non- State-Based Grievance Mechanisms [Page 21]
The Government will:
CHAPTER FOUR: IMPLEMENTATION AND MONITORING [Page 22]
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