For many business enterprises, human rights frameworks are fast becoming a sustainability factor. For some, implementing human rights standards has come from negative experiences.
Responding to such events in a responsible, proactive and progressive manner is the only correct way to respond. Some, however, continue to work oblivious of the need to mainstream human rights, and herein lies a huge risk.
The uptake of human rights standards has been more prominent in countries from the Global North.
On the other hand, the uptake by countries from the Global South has been relatively slow. This slow uptake has resulted in misrepresentation an inaccurate view that justice cannot be served within judicial and non-judicial systems of countries such as Kenya.
Since the adoption of the UN Guiding Principles on Business and Human Rights (UNGPs) in 2011, only 10 African countries out of 55 have developed National Action Plans as a means to implement the UNGPs.
In the East and Horn of Africa, Kenya and Uganda have concluded and published a national action plan (NAP), while Tanzania has committed to developing one.
It is evident that the capacity to protect and respect human rights in the region has not kept up with the heightened economic activity, rapid business expansion and investor interest in the region.
It is against this background that countries from East and Horn of Africa assembled ministries, departments, agencies, business associations and civil society to assess the NAPs.
With the recent publishing of the Kenya National Action Plan on Business and Human Rights, an opportune time has arisen for business to follow the leadership given by the Government.
This is because the plan clarifies the responsibility of business and what is expected of them. The NAP Policy is arranged through the three pillars of the UNGPs: The State duty to Protect, the Corporate responsibility to Respect and Access to remedy.
During this dialogue, I share perspectives on Access to Remedy from the lens of the development and implementation of Kakuzi’s Operational Grievance Mechanism (OGM).
Having faced allegations related to adverse human rights impacts, Kakuzi responded by implementing the corporate responsibility to respect as outlined in the UNGPS.
Respect under UNGPs means that companies should not ‘infringe on the rights of others’ and should ‘address adverse human rights impacts with which they are involved’.
This means that where a company identifies that it has caused, contributed or is directly linked to adverse rights impacts, it should provide remedy through developing an OGM. The idea is that adverse impacts are addressed early and remedied directly.
Adverse impacts may occur despite a commercial organisation's best efforts to prevent them. It is under this understanding that Kakuzi has developed and is implementing an OGM.
It is a means for individuals, workers, or communities who may be impacted by the activities of the business to raise the alarm and get help.
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