A/HRC/41/43/Add.2
Human and Peoples’ Rights and the Protocol to the African Charter on Human and
Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights.
In October 2016, a National Policy and Action Plan on Human Rights was launched. 13
IV. Awareness of business and human rights
10.
Following its acceptance of the recommendation from the second cycle of the
universal periodic review, in 2015, to develop a national action plan for the implementation
of the Guiding Principles on Business and Human Rights (A/HRC/29/10, para. 142.27),
Kenya initiated the process of developing a national action plan on business and human
rights under the lead of the Office of the Attorney General and Department of Justice and
the Kenya National Commission on Human Rights.14 This process has increased awareness
of issues related to business and human rights within the Government, civil society and the
business sector. The experts noted that several stakeholders with whom they met were not
fully aware of the process of preparing the national action plan. The experts therefore
encouraged the Government and the steering committee responsible for preparing the
national action plan to extend efforts to raise awareness of this process and involve more
actors, including other governmental departments, business associations and their members
and other stakeholders, in order also to benefit from the multiplier effect that this initiative
could produce, as well as to strengthen policy coherence.
11.
Among the business community, the Working Group observed that awareness of the
corporate responsibility to respect human rights varied depending on the size of business
enterprises. Some of the larger business enterprises demonstrated good practices in
implementing the Guiding Principles, such as conducting human rights due diligence
processes and establishing independent grievance mechanisms within business associations,
while others, including micro-, small and medium-sized enterprises, seemed unaware of the
business and human rights agenda. However, the Working Group also met with smaller
enterprises that seemed committed to responsible business and respect for human rights as
part of their business operations. The Working Group acknowledges the important role
played by business associations in raising the level of awareness among their members and
promoting good practices of human rights due diligence and community engagement.
V. The State as an economic actor
12.
Kenya is a critical economic actor, not only for the enterprises that it controls or
owns, but also when acting as a purchaser or promoter of trade and investment. In this
context, some measures have been taken to address critical issues. For example, the Export
Promotion Council, under the Ministry of Industry, Trade and Cooperatives, has an anticorruption policy (2011) that includes enhanced due diligence of its potential local export
partners. The Working Group encourages the Government to extend the anti-corruption
policy for export promotion to include an expectation that businesses respect human rights
as a precondition for receiving government support for export activities, as further
explained in its report on economic diplomacy (A/HRC/38/48).
A.
State-owned enterprises
13.
There are currently 220 State-owned enterprises in Kenya, which contribute to 11
per cent of GDP.15 These enterprises are governed by the State Corporations Act (Chap.
13
14
15
4
Kenya, Office of the Attorney General and Department of Justice, Sessional Paper No. 3 of 2014 on
National Policy and Action Plan on Human Rights (Nairobi, 2014).
See http://nap.knchr.org/.
Kenya, Executive Office of the President, Report of the Presidential Taskforce on Parastatal Reforms
(Nairobi, 2013).
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