A/HRC/41/43/Add.2
main roads and public installation. In this context, during a demonstration in August 2014,
villagers were beaten by security guards and the police, and some of the villagers alleged
that they still suffered from their injuries. The Working Group encouraged the company not
to rely only on the police to investigate wrongdoing, but also to conduct its own
investigations and strengthen its own training and oversight mechanisms, including
effective grievance mechanisms.
D.
Human rights defenders and civic space
49.
Human rights defenders can provide critical information regarding adverse businessrelated impacts, and should be a key part of business consultation processes and stakeholder
engagement. However, human rights defenders and witnesses confessed to the Working
Group that they faced growing obstacles to exercising their activities, due to repeated
threats and attacks when denouncing business-related human rights concerns. Such reprisals
comprise intimidation, termination of employment, beatings, arrests and malicious
prosecution.
50.
The Working Group urges the Government to adopt and implement effective
measures to protect human rights defenders to ensure that they can carry out their work
without fear of harassment, violence or intimidation, including a national policy on human
rights defenders. Operationalizing the Public Benefit Organizations Act of 2013 would help
to create an environment conducive to the work of the civil society and human rights
defenders and provide them with adequate protection of their rights (A/HRC/29/10, paras.
142.125, 142.128 and 143.51). In parallel, the experts call on the Office of the Director of
Public Prosecutions to systematically activate protection mechanisms for witnesses after the
review of a complaint regarding such a situation. They also urge business associations to
raise awareness among businesses on the important roles played by human rights defenders.
Lead poisoning in Owino Uhuru
51.
In Mombasa, the Working Group visited the Owino Uhuru settlement, where leadacid battery recycling factory, Metal Refinery EPZ, which had operated between 2009 and
2014, had contaminated the adjacent settlement and the blood of residents with high levels
of lead. The contamination had serious health impacts, particularly on children living in the
area. Dozens of people from this settlement are reported to have died, and hundreds suffer
from debilitating diseases based on severe contamination.
52.
The Working Group learned about residents’ struggle to get support from the
Government, including to gain access to information and to have blood tests and be
medically treated. As an illustration, the National Environment Management Authority had
refused to disclose the outcomes of a study conducted in 2013 on affected residents,
arguing that the information was confidential. The report, whose disclosure was finally
ordered by the Commission on Administrative Justice, showed high lead concentrations.
This situation prompted other studies, including one by a parliamentary committee in 2015,
which subsequently issued recommendations to the competent authorities. The Working
Group encourages the national Government and the municipal government to comply with
these recommendations, supported by the community members. Moreover, all community
members should be tested for lead poisoning and those affected should be provided with
appropriate treatment in a nearby hospital. Pending hospital bills for related treatment of
community members should be waived and the community land and soil cleared.
53.
Local residents, with the support of civil society, have filed a class action against the
Government and the company. In this context, several community members have faced
threats for seeking legal redress. On 30 May 2018, the Working Group issued a public
statement to call for the protection of these human rights defenders. 46 The experts
welcomed the fact that the Office of the Director of Public Prosecutions had subsequently
ordered protection measures for witnesses in the ongoing court case.
46
12
Office of the United Nations High Commissioner for Human Rights (OHCHR), “UN experts urge
Kenya to protect environmental defenders”, 30 May 2018.
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