A/HRC/41/43/Add.2 Solai dam breach 32. The dam breach disaster in Solai demonstrates the need for more comprehensive environmental impact assessment and a stronger oversight mechanism. In May 2018, a dam used for irrigation of the Patel coffee plantation burst and flooded a village, causing the death of at least 48 persons and displacing over 5,000.34 Investigations by the Office of the Director of Public Prosecutions revealed that the dam had been constructed by unqualified staff, that the dam’s water was extracted by the owner, that the water permit had been irregularly issued and that the owner and Government had failed to ensure environmental compliance. On that basis, the Director of Public Prosecutions ordered the arrest of the farm’s managing director and general manager on criminal charges, as well as of officials of the Water Resources Management Authority and the National Environment Management Authority on charges of manslaughter, neglect of official duty for the public authorities and failure to prepare an environmental impact assessment report. 35 33. During its visit in situ, the Working Group met with members of affected communities and was concerned to hear that during a meeting convened by some company managers with the presence of local authorities, cheques had been handed to people who had lost family members, housing and/or business, in exchange for their signing an indemnity form that would absolve the company of any responsibility for the disaster. This could amount to an obstruction of access to an effective remedy for victims. 34. A Senate ad hoc committee was set up to probe the Solai dam disaster. This committee formulated 27 recommendations, including requesting the punishment of the charged persons and requesting the enterprise to cede part of its farmland for the purposes of resettling affected families. C. Labour conditions 35. The Working Group heard that the main normative frameworks regarding labour and employment, dating from 2007, needed to be reframed to align them with more recent norms.36 The Working Group was concerned to learn about precarious labour conditions prevailing in the country. The Working Group also heard that these conditions were exacerbated in special economic zones where compliance with labour and environmental norms appeared to be weak. Minimum wage 36. The increase of the minimum wage in 2017 is a positive measure, but it remains insufficient to ensure decent living conditions and eradicate poverty. 37 Moreover, setting the minimum wage of agricultural workers at half that of general labourers exacerbates the inequalities among workers and regions. 38 In addition, business enterprises, civil society and workers underlined to the Working Group that this minimum wage was hardly ever met, including in the supply chain of the public sector. Labour inspections 37. The Ministry of Labour and Social Protection has under its mandate a dual system of inspection: general labour inspection, under the Labour Department, and occupational 34 35 36 37 38 Kenya, Office of the President, “President Kenyatta leads nation in mourning Solai Dam tragedy victims”, 16 May 2018. Kenya, Director of Public Prosecutions, press statement on the Milmet (Solai) dam disaster, 4 July 2018, Employment Act, No. 11 of 2007; Labour Institutions Act, No. 12 of 2007; Labour Relations Act, No. 14 of 2007; Occupational Safety and Health Act, No. 15 of 2007; and Work Injury Benefits, Act No. 13 of 2007. Regulation of Wages (General) (Amendment) Order, 2017. The minimum wage is 6,415.55 Kenya shillings per month for unskilled workers employed under the agricultural industry category, and 12,926 Kenya shillings per month for general labourers under the general category. 9