An Evaluation of the Efficacy of the Organisation for Economic Cooperation and Development (Oecd) Guidelines in Ensuring Human Rights Compliance by Multinational Enterprises in Kenya

Abstract

The global expansion of multinational enterprises (MNEs) has resulted in a proliferation of instances involving the infringement of human rights globally, including inside Kenya.1 These violations can be attributed to the direct or indirect involvement of MNEs, either through their own actions or through their assistance.2 This Project Paper evaluates the efficacy of the OECD Guidelines in promoting the fulfilment of human rights responsibilities by multinational corporations operating in Kenya. Although the Guidelines incorporate notable features,3 the application of international standards pertaining to individual rights and responsibilities is accompanied by certain challenges. 4 The study proposes several measures to improve compliance of multinational enterprises (MNEs) with human rights obligations including enforcing corporate accountability for individual rights, safeguarding non-profit organisations and advocates for human rights, holding MNEs accountable for their actions, strengthening domestic laws and establishing a binding global legal framework that outlines MNEs' responsibilities regarding individual rights. The aforementioned steps are designed with the objective of improving adherence, addressing challenges related to jurisdiction and legal accountability, offering efficient means of redress and guaranteeing convenient avenues for seeking justice. The research posits that the consideration of human rights and fundamental freedoms should be a pivotal element to be included in the negotiation and finalisation of investment treaties. The study employs a doctrinal research technique.