A/HRC/41/43/Add.2
Annex
Report of the Working Group on the issue of human rights
and transnational corporations and other business
enterprises on its visit to Kenya
I. Introduction
1.
Pursuant to Human Rights Council resolutions 17/4, 26/22 and 35/7, the Working
Group on the issue of human rights and transnational corporations and other business
enterprises, represented by two of its members, Michael Addo and Anita Ramasastry,
conducted a country visit to Kenya from 2 to 11 July 2018, at the invitation of the
Government. The purpose of the visit was to assess the efforts made to prevent and address
adverse business-related human rights impacts, in accordance with the Guiding Principles
on Business and Human Rights: Implementing the United Nations “Protect, Respect and
Remedy” Framework.
2.
During their visit, the experts met with the Attorney General and with
representatives of the following Government ministries and departments: Ministry of
Foreign Affairs; Office of the Attorney General and Department of Justice; Ministry of
Public Service, Youth and Gender Affairs; Ministry of Industry, Trade and Cooperatives;
Export Processing Zones Authority; and Ministry of Energy and Petroleum. 1 They also met
with officials from the county governments in Mombasa, Nakuru and Turkana. In addition,
they held meetings with parliamentarians of the Senate Committees of Justice, Legal
Affairs and Human Rights and of Tourism, Trade and Industrialization; the Parliamentary
Caucuses on Human Rights and on Sustainable Development Goals and Business; the
Chairperson of the Kenya National Commission on Human Rights and her team; officials
of the National Gender and Equality Commission; and the Director and staff of the Kenya
Judiciary Training Institute.
3.
During their meetings held in various towns and cities, including Lodwar, Mombasa,
Nairobi, Naivasha, Nakuru and Thika, the Working Group met with more than 400
representatives of civil society organizations and affected communities, including
indigenous peoples, workers and trade unions, as well as with members of the United
Nations country team and representatives of companies and business associations covering
a wide range of sectors, including Global Compact Network Kenya, the Federation of
Kenya Employers, the Kenya Private Sector Alliance and the Kenya Association of
Manufacturers.
4.
The Working Group thanks the Government for its support and facilitation of the
visit. It also thanks the individuals and the representatives of civil society organizations,
communities and business enterprises with whom it met for their openness and willingness
to engage in dialogue.
II. General context
5.
Kenya has one of the fastest growing economies in sub-Saharan Africa, with
approximately 4.9 per cent growth in gross domestic product (GDP). 2 The main industries
are agriculture, small-scale consumer goods, oil refining, tourism, services, transport,
information technology and mining. 3 Micro-, small and medium-sized enterprises play a
1
2
3
2
The Ministry of Energy and Petroleum and the Ministry of Mining have since been replaced by the
Ministry of Energy and the Ministry of Petroleum and Mining.
2017 figure. World Bank, “GDP growth (annual %)”. Available at https://data.worldbank.org/
indicator/NY.GDP.MKTP.KD.ZG?end=2017&locations=KE&start=1961&view=chart (accessed 20
May 2019).
See www.cia.gov/library/publications/the-world-factbook/geos/ke.html.
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