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Tea sector sexual abuse exposé: Lobby demands State action
Kenya Plantation and Agricultural Workers Union (KPAWU) has urged the government to ratify an international treaty that recognizes everyone’s right to a workplace free of violence and harassment, including gender-based violence and harassment.
The treaty, known as ILO Convention 190, is on the abolition of workplace violence and harassment and was adopted by the International Labour Organization (ILO) in 2019.
In accordance with the convention, their Secretary General, Francis Atwoli has urged the government to enact laws and policies to prevent and address violence and harassment.
Atwoli’s issued the statement in response to a BBC documentary that exposed widespread sexual violence and harassment in the tea industry.
The union praised COTU, Kenya’s umbrella organization for trade unions, for submitting an application to Parliament for ratification of ILO C190 on December 8, 2022. This followed President William Ruto’s announcement on December 3, 2022, that he would support ratification.
Furthermore, KPAWU has identified specific articles of ILO C190 that must be incorporated into worker-employer collective bargaining agreements (CBAs). The union created three model clauses on gender-based violence and sexual harassment, which were adopted by the COTU board.
Furthermore, KPAWU has urged James Finlay Kenya and Unilever Tea Kenya, two British-owned tea companies operating in Kenya’s Rift Valley, to stop outsourcing labor through contractors and instead hire all contracted employees directly. The union has stated that outsourcing has an impact on workers’ rights and welfare, as well as denying them union membership.
KPAWU has also urged James Finlay Kenya and Unilever Tea Kenya to refrain from using union-busting tactics that discourage workers from joining unions in order to gain better representation and advocacy. The union has emphasized that all workers must be able to exercise their constitutional right to free association.
“James Finlay and Unilever must ensure that all their workers enjoy their constitutional right, Article 41, which speaks to fair remuneration; reasonable working conditions; joining a union and having a CBA,” Atwoli wrote in the statement.
Atwoli also urged James Finlay and Unilever to go beyond apologizing and issuing procedural crisis communication on their website and to pay damages and compensation to the affected workers. The union has urged James Finlay and Unilever to unionize all of their workers and to stop using contractors to outsource labor.
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