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Chapter 2. Action Plan 2.Areas of the NAP (1)   Cross-cutting areas A. Labour (Promotion of Decent Work) (Existing framework/Measures taken） As measures that have already been conducted in the labour area, the Government made efforts to realize decent work by promoting labour policies to respect, promote, and realize the four principles concerning the fundamental rights…

CHAPTER TWO: SITUATIONAL ANALYSIS AND THEMATIC AREAS OF FOCUS 2.6 Labour [Pages 12-13] The Kenyan labour market is highly informal. As at 30th June 2019, 83% of the working population was in the informal sector5 . In 2019, male employees accounted for 64.5 per cent of the total wage employment in the modern sector. Majority…

CHAPTER THREE: POLICY ACTIONS 3.1. Pillar 1: The State Duty to Protect [Page 18] Policy Actions The Government will: xii.    Review current trade and investment promotion agreements and bring them into compliance with the Constitution and international human rights standards to ensure that they are not used to facilitate illicit financial flows and tax evasion…

CHAPTER TWO: THEMATIC AREAS OF FOCUS 2.4 Revenue Transparency [Page 9]   Tax revenue is the most important, reliable and sustainable means of resourcing initiatives that contribute to the realisation of human rights such as health and education. Businesses are significant contributors to tax revenue. The Kenya Revenue Authority Act, 1995 provides that domestic revenue is…

CHAPTER ONE: INTRODUCTION 1.1  Overview [Page viii] The second Medium Term Plan objectives were each mapped to the 17 Sustainable Development Goals (SDGs) to ensure that the global development framework and its implementation is directly linked to achieving both Vision 2030 and the SDGs. [….]   CHAPTER TWO: SITUATIONAL ANALYSIS AND THEMATIC AREAS OF FOCUS…

The Kenya NAP makes no reference to Supply Chains

CHAPTER THREE: POLICY ACTIONS 3.1. Pillar 1: The State Duty to Protect [Page 16] Under international law, States have the primary obligation to protect against human rights abuses within their jurisdiction and territory. Pillar 1 of the UNGPs clarifies that this obligation includes protecting against human rights abuses by third parties such as businesses. In…

CHAPTER TWO: SITUATIONAL ANALYSIS AND THEMATIC AREAS OF FOCUS 2.2 Kenya´s Experience with Business and Human Rights [Page 5] Key business and human rights concerns in Kenya revolve around workplace rights, local communities and business relations, human rights and sustainable land use, human rights and sustainable environment and human rights and small- and medium-sized enterprises….

The Kenya NAP makes no reference to the Security Sector

CHAPTER TWO: SITUATIONAL ANALYSIS AND THEMATIC AREAS OF FOCUS 2.2 Kenya’s Experience with Business and Human Rights [Page 6] Discoveries of oil and other natural resources present opportunities but also potential grounds for challenges to human rights such as those relating to sustainable land use, relations with local communities, and ensuring transparency and accountability in…

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…

Kenya is not a member country of the OECD. The Kenya NAP makes no reference to OECD National Contact Points (NCPs)

CHAPTER ONE: INTRODUCTION Objectives of the NAP [page 11] The objectives of this NAP are: 4)   To offer a roadmap of strengthening access to State-based judicial and non-judicial remedies for victims of business-related harm.   CHAPTER TWO: THEMATIC AREAS OF FOCUS 2.6 Labour [Pages 13-14] During the stakeholders’ consultations the following concerns were identified: 6)  …

CHAPTER TWO: SITUATIONAL ANALYSIS AND THEMATIC AREAS OF FOCUS 2.2 Kenya´s Experience with Business and Human Rights [Page 7] 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…

CHAPTER THREE: POLICY ACTIONS 3.3. Pillar 3: Access to Remedy Policy Actions [Pages 19-20] A) State-based judicial and non-judicial remedies The Government will: iii.     Provide training and support to the judicial, administrative and oversight organs on business obligations in respect of human rights. Priority will be given to the following institutions: […] Constitutional bodies…

CHAPTER TWO: THEMATIC AREAS OF FOCUS 2.4 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…

CHAPTER TWO: SITUATIONAL ANALYSIS AND THEMATIC AREAS OF FOCUS 2.3 Land and Natural Resources [Page 12-14] Land is a prerequisite for the enjoyment of economic, social and cultural rights relating to an adequate standard of living, housing, food and natural resource benefits sharing. The Constitution states that “all land in Kenya belongs to the people…

CHAPTER TWO: SITUATIONAL ANALYSIS AND THEMATIC AREAS OF FOCUS 2.6 Labour [Page 13] During the stakeholders’ consultations the following concerns were identified: 6)    Lack of effective remedies for victims of labour-related grievances resulting in high prevalence of unresolved labour-related grievances. A weak enforcement mechanism, in particular inadequate number of state labour inspectors and the…

CHAPTER THREE: POLICY ACTIONS 3.1. Pillar 1: The State Duty to Protect [Page 16] […] States are expected to guarantee policy coherence across different government agencies, thereby ensuring that different state institutions are aware of and observe the State’s human rights obligations. The State’s duty in this regard includes providing these institutions with the requisite…

CHAPTER TWO: SITUATIONAL ANALYSIS AND THEMATIC AREAS OF FOCUS 2.3 Land and Natural Resources [Page 12-14] International human rights law guarantees against arbitrary deprivation of property and provides a standard of conduct to be followed in case of evictions. Furthermore, there are additional protections for indigenous people in recognising the unique importance, cultural and spiritual…