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| Tea farmers at work |
I am writing this post from a
village on the slopes of Mt. Kenya, the atmosphere is very relaxing I must
admit. It is a predominantly tea growing village (see photo). I had time to
evaluate how my passion to help companies balance between corporate rights and
human rights trickles down to local enterprises in such a village. The last
time I visited this village, electricity was a pipe dream. Now most homes are
served with hydro-electric power. Well things change so fast and that’s why
local entrepreneurs must think about the rights of their business ventures and
the rights of the people they affect directly or indirectly. The earlier the
better.
In Kenya we enacted a human
rights centered Constitution that seeks to guarantee the rights and liberties
of all Kenyans. The Constitution itself defines the term ‘Person’ to include
corporate entities. It therefore goes without saying that Companies (small,
medium or large) can claim some Constitutional rights against the state and
against other corporate and to a certain extent against individuals.
Kenyan companies, from those
in the villages to those in the big cities must now start thinking business and
Human rights. Some have argued that human rights are a burden on companies,
that they are aimed at diminishing profits. However companies now have a better
opportunity to enforce their own rights especially against the state.
The nature of rights that
companies can claim is limited as compared to individuals. A company cannot for
instance claim the right to marry or to human dignity. It can on the other hand
claim the right to privacy, freedom of association, labour rights, freedom from
discrimination and so on. Nevertheless one point is quite clear, that a more
democratic society based on human rights is of benefit to individuals and
companies.
A balanced society is good
for business.
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