A/HRC/41/43/Add.2
(l)
Facilitate dialogue between businesses and communities affected by
business operations;
(m) Review the environmental protection measures under the mandate of the
National Environment Management Authority, including the current procedures for
environmental impact assessments, in order to incorporate a stronger focus on human
rights and greater transparency, and establish an independent body to oversee
compliance with environmental norms;
(n)
Ensure the participation of civil society organizations in county
environmental committees;
(o)
Strengthen the capacity of labour inspectors to monitor compliance with
labour standards and step up efforts towards greater collaboration between the
inspection mechanisms under the Labour Department and the Directorate of
Occupational Safety and Health Services, as well as between the county governments;
(p)
Take measures to disclose the main conclusions of labour inspections and
provide more resources to the inspectorates to allow for more frequent inspections;
(q)
Establish mechanisms to monitor the prohibition of child labour and the
enforcement of specific measures to advance the economic inclusion of persons with
disabilities;
(r)
Step up efforts to address gender-based discrimination and sexual
harassment in the workplace, including with a view to protecting all individuals,
irrespective of their sexual orientation or gender identity, and adopt legislation
criminalizing sexual harassment in the workplace and include sanctions for all
perpetrators;
(s)
Assist women and groups living in situations of vulnerability to access
funds aimed at strengthening economic inclusion and public tenders;
(t)
Implement the Public Benefits Organizations Act and 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;
(u)
Take additional steps to scale up collaboration and coordination across
public institutions at the national and county levels, in order to ensure policy
coherence and clear allocation of responsibilities, including in the oversight of
businesses operating at the county level;
(v)
Enforce the Legal Aid Act, including by ensuring free legal assistance;
(w) Allocate appropriate resources to the Kenya National Commission on
Human Rights.
87.
The Working Group recommends that all business enterprises, including
private enterprises, State-owned enterprises and business associations, implement the
Guiding Principles, and specifically:
(a)
Adopt gender-responsive human rights due diligence procedures so that
they can identify actual and potential human rights impacts, and prevent, mitigate
and account for how they address the adverse human rights impacts of their activities,
including in their supply chains;
(b)
Ensure meaningful consultations with potentially affected individuals
and communities, making sure that they have timely and complete information about
proposed projects or changes that may affect them;
(c)
Establish grievance mechanisms at the operational level, in accordance
with criteria set forth in principle 31 of the Guiding Principles.
88.
The Working Group recommends that civil society organizations:
(a)
Continue to support affected communities and fully engage in human
rights-related policymaking processes, including the national action plan process;
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