A/HRC/41/43/Add.2
and public positions. Kenya Vision 2030, further buttressed by the 2010 Constitution (arts.
27 and 60), provides for gender equality and women’s empowerment. This has been
accompanied by multiple public initiatives for women’s economic empowerment, including
the creation of the Women Enterprise Fund, the Youth Enterprise Development Fund and
the Uwezo Fund, as well as the reservation of 30 per cent of public procurement
opportunities for women, young people and persons with disabilities. 51 Nonetheless, the
Working Group heard that the lack of enforcement of laws and policies relating to women’s
equality is hampering the achievement of the expected outcomes. The experts echo the
recommendations of the Committee on the Elimination of Discrimination against Women
to design and establish enforcement mechanisms for these measures, assist women and
vulnerable groups to gain access to these funds and facilitate their applications
(CEDAW/C/KEN/CO/8, para. 41).
66.
Despite these positive initiatives, women still report that they face disproportionate
and distinctive business-related impacts. Gender inequality remains pervasive. In 2017,
Kenya ranked 137 of 189 countries in terms of the Gender Inequality Index. 52 It is
estimated that only 5 per cent of land is owned by women, that less than 10 per cent of
women have access to credit, and that women hold only 1 per cent of all agricultural
assets.53 Women mainly work in the informal sector, and 32 per cent of formal workers are
women. Women’s average monthly income is approximately two thirds that of men. 54
Comprehensive official statistics would help to build a comprehensive picture of the
situation and track the effectiveness of measures taken.
67.
Women also suffer discrimination in the world of work. Unrecognized and
undervalued work by women still represents a huge barrier for them to enter to the paid
labour market and to receive financial assets. The Working Group heard reports of many
women having been harassed by men at the workplace. “Sex for a better job” was the
sentence that women used to reflect the situation. The experts heard with appreciation that
some businesses had created gender committees within their companies, as reporting
mechanisms to combat sexual harassment and gender-based discrimination. As
recommended by the Committee on the Elimination of Discrimination against Women
(CEDAW/C/KEN/CO/8, para. 37 (c)), Kenya should adopt legislation criminalizing sexual
harassment in the workplace and include sanctions for all perpetrators. It should also
conduct research to measure and value the unremunerated work of women.
68.
The Working Group noted with concern that women were also disproportionately
affected by cases of eviction, resettlement and compensation, considering the central role
played by women in the family. Specific gender-responsive measures should be taken by
the Government, based on a gender-sensitive assessment, to address the differentiated
impacts suffered by women in these situations. In addition, companies should engage in a
gender-responsive due diligence process to address these distinctive adverse human rights
impacts on women.55
69.
During their visits, the experts heard testimonies about stigmatization of and
discrimination against lesbian, gay, bisexual, transgender and intersex persons in the
workplace and when seeking employment. A comprehensive anti-discrimination legal
framework to protect all individuals, irrespective of their sexual orientation or gender
identity, is yet to be adopted. 56 In parallel, the private sector should take the necessary
measures to combat discriminatory practices against lesbian, gay, bisexual, transgender and
51
52
53
54
55
56
See www.wef.co.ke, www.youthfund.go.ke and www.uwezo.go.ke.
See http://hdr.undp.org/en/composite/GII.
United Nations Development Assistance Framework of Kenya, 2018–2022, p. 16.
Kenya National Bureau of Statics, Economic Survey 2018.
Geneva Academy of International Humanitarian Law and Human Rights, Gender-Responsive Due
Diligence for Business Actors: Human Rights-Based Approaches – Academy Briefing No. 12 (Geneva,
2018).
CCPR/C/KEN/CO/3, para. 8; CEDAW/C/KEN/CO/8, para. 11; and A/HRC/29/10, paras. 143.36 and
143.47.
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