Union wants State to eliminate violence at the workplace after BBC tea plantation expose

KPAWU Secretary-General Francis Atwoli. [File, Standard]

The Kenya Plantation and Agricultural Workers Union(KPAWU) now want the government to adopt the International Labour Organisation (ILO) Convention to eliminate harassment in workplaces.

They said this new global standard aims at ending violence and harassment in the world of work.

The calls come after a British Broadcasting Corporation(BBC) expose of sexual harassment by farm managers of tea plantations owned by British companies of James Finlay and Unilever in Kericho County.

Already the Director of Public Prosecution (DPP) Noordin Haji has directed the Inspector General of Police Japheth Koome to investigate allegations of sexual harassment.

''The ILO Convention No.190 (C190) is the first international treaty to recognise the right of everyone to a world of work free from violence and harassment, including gender-based violence and harassment,'' said Francis Atwoli, KPAWU Secretary-General.

He added: ''Governments that ratify C190 will be required to put in place the necessary laws and policy measures to prevent and address violence and harassment in the world of work.''

Atwoli said the Convention presents a historic opportunity to shape a future of work based on dignity and respect for all considering the fact that violence and harassment in the world of work remain pervasive.

Atwoli said the Central Organisation of Trade Unions(COTU(K) submitted an application for the ratification of ILO C190 on December 8 to the Parliament of Kenya.

He said this followed the pronouncement of President William Ruto on the resolve of the Kenyan government to ratify this convention on December 3, 2022.

''COTU (K) has already identified specific articles of the convention that needed to be integrated in Collective Bargaining Agreements(CBAs). Consequently, three model collective bargaining clauses on Gender-Based Violence and Sexual Harassment have been developed and adopted by the COTU (K) Board,'' said Atwoli.

The three model clauses are; Model Clause 1: Gender Equality and Equity, Discrimination, and Gender-Based Violence and Sexual Harassment.

The union also demanded that James Finlay and Unilever immediately stop the outsourcing of labour through the use of contractors and consequently offer direct employment to heretofore all contracted employees.

''Outsourcing of labour affects the rights and welfare of workers considering they work at the mercy of contracted companies and not the parent company,'' said KPAWU.

The union said the documentary has clearly exposed the dangers of outsourced labour bearing in mind James Finlay's and Unilever opted to use the estate managers to outsource labour rather than directly employ these workers.

''As such, most of the women working in the tea estates are denied the opportunity to join a union that would advocate for their rights and represents their interests,'' KPAWU said.

It also demanded that James Finlay and Unilever stop union busting tactics that discourage workers from joining union for better representation and advocacy.

The union said that unknown to many Kenyans, most multinationals use union such tactics to ensure that their workers are not represented in any union and that they are not in any form of formal employment.

''James Finlay and Unilever must ensure that all their workers enjoy their constitutional right as per Article 41, which speaks to fair remuneration, reasonable working conditions, joining a union and having a CBA,'' said the union.

The union also demanded that James Finlay and Unilever should go beyond apologising and issuing their procedural crisis communication, as seen on their website.

''But they should pay damages and compensation to the affected workers considering the emotional and health damages caused, unionise all their employees, and stop the use of contractors to outsource labour,'' said KPAWU.