A/HRC/41/43/Add.2 Group was heard with appreciation that some micro-, small and medium-sized enterprises were pioneering innovative approaches to worker welfare in sectors such as cleaning, agriculture and landscaping. Despite these encouraging practices, the Working Group heard on many occasions that micro-, small and medium-sized enterprises tended to believe that the responsibility to respect human rights rested with bigger enterprises, which had the resources to fulfil that responsibility. The Working Group report on small and mediumsized enterprises sets out some of the challenges for such enterprises in terms of respect for human rights, as well as recommendations to address them (A/HRC/35/32). 18. The Working Group calls on business associations to ensure that micro-, small and medium-sized enterprises are invited to become members of their association. Such action could strengthen capacity and skills to help these businesses to respect human rights, including with respect to how to conduct proper human rights due diligence. Moreover, as part of their own human rights due diligence, larger enterprises are expected to support their smaller suppliers in respecting human rights, including in terms of guidance and capacitybuilding. 19. The Working Group noted that the dedicated Micro and Small Enterprises Authority, under the Ministry of Industry, Trade and Cooperatives, 21 disseminated tools and oversaw the implementation of government policies and the Guiding Principles. The exchange of good practice among micro-, small and medium-sized enterprises as a trigger for expansion and peer-learning exercises should be encouraged by the Government. 20. The informal sector is still growing, and reached 83.4 per cent of the total employment in 2018.22 Because the informal economy operates outside of legal framework, it poses specific challenges for the implementation of the Guiding Principles and increases the risk of adverse impacts on human rights. The exclusion of the workforce employed in the informal sector makes the implementation of a labour-related framework even more complex. 21. Kenya has taken measures to regularize enterprises, including through the creation of Micro and Small Enterprises Authority and of economic processing zones. 23 Reducing the number of licences required for each individual business and cutting the cost of acquiring the licences would allow for more results. The Government, through its trade and investment promotion, could provide incentives in the form of certification schemes for informal businesses that respected human rights. A database of existing companies could be created as an additional lever for regularization. VII. Recurring issues and governance gaps 22. In their meetings with different stakeholders across the country, the experts found a number of recurrent themes concerning gaps and shortcomings in current practices. They were able to explore a few cases in more detail, which illustrate some general findings. A. Access to land and eviction 23. The Working Group notes that Kenya has a progressive framework regarding the administration and management of land. Articles 40 and 60 of the Constitution guarantee the right to property and lay down key principles for the management of land. Land is classified as public, private or community land, and these different categories are regulated 21 22 23 6 See www.industrialization.go.ke/index.php/state-corporations/142-micro-and-small-enterprisesauthority-msea. Kenya, Kenya National Bureau of Statics, Economic Survey 2018 (Nairobi, 2018). The Authority is mandated to formulate and coordinate policies that facilitate the integration and harmonization of public and private sector initiatives. There are currently 40 gazetted economic processing zones, and they are managed and promoted by the Export Processing Zones Authority.