A/HRC/41/43/Add.2
Fund for the Disabled of Kenya; and reserving a minimum of 30 per cent of budgetary
allocations for enterprises owned by women, youth, persons with disabilities and other
disadvantaged groups. The Working Group commends these initiatives and encourages the
further adoption of effective enforcement mechanisms and sanctions for non-compliance,
along with work and employment programmes in the open labour market aimed at persons
with disabilities, as recommended by the Committee on the Rights of Persons with
Disabilities in 2015 (ibid.).
Examples of labour conditions in the horticulture sector
43.
Agriculture is the most important economic activity in Kenya, contributing 25 per
cent of GDP, 20 per cent of employment opportunities and 50 per cent of export revenues. 45
Women constitute 60 to 70 per cent of employees of agribusinesses, especially in flower
farms. During its visit, the Working Group visited Kiambu and Nakuru Counties to assess
the situation of human rights in this sector.
Flower cultivation in Nakuru County
44.
Women workers reported on the long hours that they had to work and the insecurity
that they faced on their journey to and from work during the hours of dark. The experts
were concerned to hear that despite some progress, sexual harassment was still rampant in
this sector. According to the workers with whom the experts met, the gender committees
established at the operational level to handle complaints of sexual harassment in more than
20 flower companies in Nakuru County have had good results and should be replicated. The
experts were concerned to hear that the flower workers were routinely not provided with
the required equipment and were exposed to chemicals, which have adverse effects on their
health, including reproductive health.
Agribusiness in Kiambu County
45.
The Working Group met with workers, local residents and representatives of the
company Kakuzi PLC. The Kakuzi farm covers an area of 30,000 hectares, dedicated to the
cultivation of avocados, pineapples and macadamias, and to forestry. It employs more than
2,000 people. The experts welcomed the openness of company representatives to meet with
them in a spirit of sharing of experiences, goodwill and willingness to learn.
46.
The Working Group was encouraged to hear that the company and trade unionists
negotiated a collective bargaining agreement every two years to ensure the well-being of
the workers. However, workers pointed out that several former shop stewards had been laid
off after raising grievances on behalf of workers.
47.
The experts also heard testimonies from workers who had suffered serious workrelated accidents, such as falling from avocado trees, and had subsequently been dismissed.
These accidents may have been encouraged by the current wage-incentive structure, which
encourages workers to engage in dangerous activity to pick certain high-quality produce in
order to earn bonus payments. The Working Group advised the company to look into the
problem, including through a human rights due diligence process. The Working Group also
recommended the use of accessible, transparent and independent grievance mechanisms to
resolve worker complaints, rather than channelling them through a company email
complaints system.
48.
Another area where companies need to be particularly vigilant is its engagement
with surrounding communities. The Working Group heard several cases of the use of
violence by companies’ private security guards against community members. At the time of
the visit, there was an ongoing investigation into allegations against security guards who
had allegedly killed a young community member for having reportedly stolen avocados.
The Working Group also heard of past incidents in the context of allegedly peaceful
demonstrations in opposition to a blockade, caused by the extension of the company, to the
45
Kenya National Commission on Human Rights, Kenya National Baseline Assessment on Business
and Human Rights 2017 (Nairobi, 2017).
11
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