Kenyan Flower Production

In Kenya horticulture is the fastest-growing sector of the economy. This performance is mainly attributed to the export of cut flowers, the vast majority of which goes to European markets. Seventy five per cent of the employment in the cut flower industry is female, and over 65 percent of the total employment numbers are employed in temporary, seasonal, or casual basis. Legally, Kenyan employers are required to promote casual or temporary workers to permanent status after eight months, but they are often found returning year after year on a renewed temporary contract. Women in particular suffer from this legal loophole as a result of gender discrimination in Kenyan employment embedded in social norms that consider women more compliant and better suited to certain types of horticultural work (such as picking and packing), coupled with perceptions that women’s income is supplementary, rather than central, to household well-being.

The main codes of conduct operating in the Kenyan context are the northern sectoral code Milieu Project Sierteelt (MPS) and the southern sectoral codes of the Kenyan Flower Council (KFC). Also on the increase is the use of the German based “Flower Label Programme (FLP), drawn from the International Code of Conduct for Cut Flowers developed by NGOs and trade unions in Europe. However, while producers found codes to be useful management tools, and there has been some improvement in areas of health and safety, and other areas, major concerns over worker conditions – particularly for women – still persist. Interviews with workers found that only 22 percent were aware of the existence of the codes, with even fewer aware that they pertained to workers’ rights, and only 31 percent of non-permanent workers had a signed, written contract. Despite many codes of conduct cautioning against the use of “rolling contracts” many employers continue to use them as means of avoiding the additional costs associated with permanent employment.

The vulnerability of such non-permanent employment also lead to links with other unethical conditions, such as the obligation to work overtime (often excessively so) as a condition of employment, miscalculated wages, or dismissal or lack of contract extension due to pregnancy. The latter form of gender discrimination contravenes most codes, and yet appears to be common practice. In the area of sick pay, medical care and childcare, women are further disadvantaged as these are typically not covered by codes. Non-permanent employees were also found to be more prone to verbal and occasional physical abuse, dismissal without just cause, wages being docked as a disciplinary measure, corruption and favouritism. Fear of non-renewal of their contracts prevented complaints, and with women being under represented in both trade unions and workers committees, avenues for addressing these fears are limited or non-existent.

Despite positive steps taken by producers in the wake of the ethical trade advocacy by NGOs and movements such as the Ethical Trade Initiative, problems persist for female flower workers through both a lack of comprehensive social chapters within the codes that address the gendered nature of employment inequalities in the industry, and the lack of proper implementation of those relevant codes that do exist. One encouraging way forward that developed in 2002 was the spearheading of a campaign by local civil society organisations in response to continuing poor working conditions on Kenyan flower farms, spawning a series of articles in the Kenyan press. These activities generated concern about the reputation of the industry in overseas markets, and were responsible for bringing together a range of stakeholders to engage in dialogue on the labour practices. A Steering Committee – the Horticultural Ethical Business Initiative (HEBI) – was formed to guide social accountability in the horticulture sector, composed of members from government, NGOs and trade associations/employers. In 2003 HEBI was registered as a legal entity and developed a multi stakeholder approach that has led to a major impetus through trans-national alliances of NGOs and ethical consumer groups. Participatory social auditing is an integral function of HEBI. Further initiatives along these lines are needed to transform what has been to date a largely gender-neutral approach into one that incorporates the gendered needs of employees in Kenyan horticulture.

Source: Smith, S. et al, (2004) Ethical Trade in African Horticulture: gender, rights and participation, IDS Working Paper 223. Additional information on HEBI sourced from Codes of Conduct and Corporate Social Responsibility in Kenya’s Cut Flower Industry, a presentation by Dr. Maggie Opondo at the Development Studies Centre, Kimmage, 24th March 2005.