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recent decades, public policies such as the State’s various attempts to modernize and
sedentarize nomadic communities, or programmes to privatize communal ranches,
have worsened these communities’ economic, social and cultural rights situation.
These circumstances have been made even more difficult by the frequent cases of
corruption that have arisen in the allocation of Government and trust lands.
19. Special mention should be made of the growing difficulties faced by some of
these communities as a result of their eviction to make way for the creation of
protected natural areas in their ancestral lands. While these parks serve to generate
foreign exchange for the national economy, their creation remains highly
controversial because of violations of the land and resource rights of neighbouring
communities, which are not allowed to carry out their traditional hunting and
herding activities in these areas and, to date, have not been able to participate fully
in their management or to benefit from the income they generate.
20. Social and infrastructure services in indigenous areas are inefficient and, in
many cases, simply non-existent, with the result that these areas’ poverty levels are
above the national average. Indigenous children and women are particularly affected
by the lack of access to social services on an equal footing with majority sectors of
the country’s population. They are also discriminated against with respect to
property rights and are victims of harmful traditional practices such as female
genital mutilation, which is also practised on many other girl children and
adolescents in Kenya.
21. The democratization process in Kenya has permitted the emergence of
indigenous organizations and networks that have succeeded in placing their
concerns on the national agenda, especially in discussions on constitutional reform.
The Government has announced important initiatives such as various community
development projects in arid and semi-arid regions, as well as a universal primary
education programme. It has also recognized the need for affirmative action in
favour of herding and hunter-gatherer communities, especially in the poverty
reduction strategy.
22. The Special Rapporteur, on the basis of his visit to Kenya this year, as well as
his previous visit to South Africa (see E/CN.4/2006/78/Add.2) and his conversations
with members of the African Commission on Human and Peoples’ Rights and with
other experts, has formulated some ideas on the problems of indigenous peoples
which he would like to share with the members of the General Assembly.
23. In Kenya, as in other countries of the continent, all Africans are indigenous to
the country, since most Kenyans are descended from the original inhabitants and in
colonial times were considered “natives” by the authorities, regardless of their tribal
or ethnic affiliation. At independence all inhabitants became free and equal citizens
of the new States. However, geographic conditions and historical, social and cultural
circumstances became defining characteristics that differentiated among the many
tribes that now populate these countries. Thus, in many African countries the
contested use of the term “indigenous” has implications for policy decisions and
therefore for the human rights of the populations concerned. From a human rights
perspective, the question is not who came first but the shared experiences of
dispossession and marginalization. The term “indigenous” is not intended to create a
special class of citizens, but rather to address historical and present-day injustices
and inequalities. It is in this sense that the term has been applied in the African
context by the Working Group on Indigenous Populations/Communities of the
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