Investigating GBVH at James Finlays Kenya - Informing wider sector collaboration

The risk of sexual and gender-based violence and harassment (SGBVH) of workers has existed throughout agricultural supply chains for decades, and with increasing prominence in the past 15 years. In February 2023, a BBC documentary aired evidence and testimony of workers alleging sexual abuse and harassment of workers in a number of companies and tea estates, including James Finlay Kenya (now Browns Plantation Kenya – BPK). 

In line with the UN Guiding Principles on Business and Human Rights (UNGPs), in February 2023, Partner Africa was commissioned by James Finlay Kenya to conduct an independent investigation at BPK on the allegations and potential endemic issues. A steering group consisting of buyers and a local NGO was established, chaired by ETI and tasked with overseeing the investigation.

Following the investigation at BPK, Partner Africa provided a robust set of recommendations in response to the findings encompassing remediation, structural changes, and improvement of human rights due diligence (HRDD) processes. James Finlay Limited and BPK translated the comprehensive recommendations made by Partner Africa into a detailed and timebound action plan. The past year has seen progress on the implementation of the action plan. This has included worker and community engagement, and involvement in delivery of the action plan, alongside independent third-party verification. BPK has also been working with external experts to develop an updated Human Rights strategy and remediation framework and has instituted a new whistleblowing line, selected in directly consultation with workers.   

The report also included a set of recommendations for buyers of BPK, highlighting the need for meaningful engagement with and investment in the action plan, acknowledging a shared responsibility, and enabling interventions developed in response to the investigation to be implemented. In response to these recommendations, buyers involved in the SG have committed financial resources to BPK in direct support of the action plan implementation. The report called on buyers to both provide support to BPK on the topic of HRDD and to commit to reviewing the effectiveness of their own organisations’ HRDD processes with a view of supporting other suppliers in their supply chains to conduct appropriate and meaningful due diligence. Members of the steering group committed to promoting and actioning their support for the action plan and wider HRDD improvements, while developing their respective individual and/or collaborative action plans accordingly. 

Multistakeholder dialogue 

In April 2024, several of the steering group members (including Co-op, J Sainsbury plc, James Finlay Limited, and Tesco PLC) sponsored a roundtable event in Kenya that sought to unite key stakeholders in the tea sector to address the systemic issue of SGBVH in the tea sector, fostering dialogue and leveraging existing efforts and good practice. The event was organised by Partner Africa and brought together 58 participants from NGOs, trade unions, government, retailers, packers, producers, multistakeholder initiatives, certification bodies and industry bodies and alliances. The importance of bringing all these stakeholders together in one room to initiate open, honest, and transparent dialogue was acknowledged by participants. The event provided an opportunity to share lessons and findings from the investigation at BPK, alongside other relevant case studies. Building on those experiences, participants proactively worked together to align on an understanding of root causes, associated actions, priorities, roles and responsibilities. Participants agreed that to address the systemic issues of SGBVH, there needed to be:

• A survivor-centred approach: The involvement of survivors is crucial in establishing meaningful and sustainable change.
• An understanding of power dynamics that supports culture and behavioural change, including a shift in mindsets and attitudes. 
• Shared responsibility by all actors: The importance of multi-stakeholder engagement in implementing solutions to SGBVH in the long run.

There was unanimous agreement that continued multistakeholder collaboration was needed and an appetite across a varied group of stakeholders to formalise arrangements and ways of working. 

Multistakeholder platform (MSP)

Following support and appetite for a multistakeholder structure in the Kenyan tea sector - to facilitate industry-wide action and responses to SGBVH as well as wider human rights-related issues in the industry - the Kenya SG members sponsored continued efforts to bring this to fruition. The focus of such efforts has been to reach agreement across a wide range of stakeholders on the nature and structure of a formalised MSP with the aims of aligning the stakeholders' expectations, formalising collaborative mechanisms and establishing a unified platform dedicated to improving workers’ livelihoods and safeguarding human rights in the tea industry. The ongoing stakeholder engagement and consultations have culminated in an aligned approach and design of the MSP, whilst also ensuring momentum is maintained, and collaboration and trust is built.

Over the next few months, the aim is to operationalise the MSP in Kenya, which will develop a robust framework for SGBVH prevention, response and support, leveraging collaborative efforts among diverse stakeholders.