The NAP Project Cycle
The National Action Plan process is coordinated by the Department of Justice, with key implementing roles for the Kenya National Commission on Human Rights and the Kenya Human Rights Commission. The Kenyan government encourages all interested stakeholders, particularly communities whose human rights have been adversely impacted by businesses, to participate in the process of developing the National Action Plan. The Ministry of Justice, as the focal point of the process, will receive submissions and organize consultations. It is envisaged that the development of the initial NAP will take two years.
As an initial step, The Department of Justice in conjunction with the Kenya National Commission on Human Rights, the Institute of Human Rights and Business and Kenya Human Rights Commission convened a Stakeholders Forum on the Development of a National Action Plan on Business and Human Rights with a view to among other things establish a National Steering Committee. See report. The forum successfully identified key agencies both government and non-governmental to sit in the steering committee. See the TORs. The National Steering Committee (NSC) is composed of: See list
Further, the government has commissioned two surveys: survey of human rights impacts linked to business activities in Kenya and a National Baseline Assessment. The two baselines will identify actual and potential adverse corporate human rights impacts in Kenya and conduct a gap analysis of Kenya’s implementation of the Protect, Respect and Remedy Framework for Human Rights and Business. Results of these surveys will facilitate the constitution of thematic working groups to ensure thorough treatment of important identified issues. It is proposed that the findings of the two studies be made public as a prelude to focused hearings in regions that have been adversely impacted by business activities and those highly likely to be.
The next stages for the NAP process will be conducting regional hearings where information will be gathered and collated. It is after this that the NAP will be drafted, reviewed and validated through stakeholder consultation. It is only after this consultations that the NAP will be printed and published. The NAP will be reviewed after one year of implementation and thereafter, desirably after every year with provision for update any time that circumstances demand so.