A/HRC/41/43/Add.2 XI. Policy coherence A. Responsible business and integrity 80. Prioritizing the prevention of corruption is key to protecting and respecting human rights, including in order to secure the full capacity of the Government to deliver basic social services and observe the safeguards for the protection of the environment and health. While the Constitution provides for increased accountability and transparency, and legal and institutional schemes adopted address corruption, tax evasion and illicit financial flows, 61 corruption remains pervasive. Kenya is ranked 143 of 180 countries in 2017 according to the perceived level of public sector corruption, analysed by Transparency International.62 The Working Group encourages the full implementation of the Mining Act provision on revenue-sharing and the adoption of a further policy and regulatory framework for the management of oil and gas revenues. Committing to the Extractive Industries Transparency Initiative would also support such transparency in the extractive sector. 81. Effective implementation of the right of access to information, as provided for in the Constitution (art. 35) and the Access to Information Act, would be an important step to combat corruption and ensure greater transparency. B. National action plan 82. The Working Group commends the decision of the Government to prepare a national action plan in line with the Guiding Principles. The national action plan will be the first in Africa and could serve as an example for other countries in the region to follow. The national action plan process is coordinated by the Office of the Attorney General and Department of Justice in collaboration with the Kenya National Commission on Human Rights and the Kenya Human Rights Commission. A national advisory steering committee was established in 2016 for the preparation of the document, and comprises representatives of the Ministry of Mining, the Ministry of Energy and Petroleum, the Ministry of Labour and Social Protection, the Kenya Human Rights Commission, the Central Organization of Trade Unions, Federation of Kenya Employers, OHCHR, the Council of Governors, the Institute for Human Rights and Business, the Kenya Private Sector Alliance and Global Compact Network Kenya. Regional multi-stakeholders consultations were held to raise awareness of the Guiding Principles and to gather concerns and opinions from participants. The Kenya National Baseline Assessment on Business and Human Rights was published in 2017 as a result, to serve as the basis for the national action plan. 63 According to the information collected, the process so far has followed the steps suggested in the Working Group’s guidance on national action plans, which underlines the importance of an inclusive and transparent process with the participation of both civil society and business. 64 XII. Conclusions and recommendations 83. The Working Group welcomes the important role that Kenya plays at the regional level in championing the advancement of the business and human rights agenda. The development of a national action plan is a reflection of this role. The adoption of a progressive legislative framework brings hope that the related policy 61 62 63 64 18 Constitution. art. 79; Ethics and Anti-Corruption Commission Act, No. 22 of 2011; Proceeds of Crime and Anti-Money Laundering (Amendment) Act, No. 3 of 2017; and Bribery Act, No. 47 of 2016. Other examples are the creation of the Anti-Corruption and Economic Crimes Division of the High Court, and the creation of the Public Procurement Regulatory Authority. See www.transparency.org/news/feature/corruption_perceptions_index_2017. Kenya National Commission on Human Rights, Kenya National Baseline Assessment on Business and Human Rights 2017. OHCHR, “Guidance on national action plans on business and human rights: UN Working Group on Business and Human Rights”, December 2014.