A/HRC/4/32/Add.3
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sustainability of their community. They also demand to be granted an annual licence for the
hippo hunt, which is a rite of passage in the lives of young males and a big cultural event for the
whole community.
41.
These and other hunter-gatherer communities constitute the most marginalized
communities in Kenya, and require urgent government attention to guarantee their enjoyment of
basic human rights. The Government is currently developing an Indigenous Planning
Framework for the Western Kenya Community-Driven Development and Flood Mitigation
Project and the Natural Resource Management Project “to improve social welfare, enhance
living standards and promote the sustainable use of water, land, forests and other natural
resources through support of small-scale initiatives among the Ogiek and Sengwer. The
purpose of the Framework is to ensure that the development process fully respects the dignity,
human rights, economies, and culture of indigenous peoples” (Office of the President, draft,
December 2006).
D. Environmental rights
42.
Indigenous peoples’ reliance on natural resources and their disproportionate poverty
make them more vulnerable to the effects of environmental threats such as cyclical droughts and
floods, deforestation, soil erosion and pollution, which turn into major human rights concerns.
One of the most pressing issues faced by nomadic pastoralists is access to water in ASALs,
which is exacerbated by recurrent drought and inadequate government responses as well as the
privatization of water points.
43.
The El Molo and Turkana, who depend on Lake Turkana for their subsistence, have
witnessed the rapid drying out of the lake as a result of prolonged drought and the damming of
the tributary rivers, leading to the depletion of fish and increasing intercommunal conflicts.
Similarly, the West Borana, dependent on the Wuaso Ngiro River, suffer the effects of the
diminishing volume and pollution of the river due to over-abstractions for agriculture upstream.
44.
The Munyayaya are affected by the construction of seven hydroelectric dams along the
Tana River. Their farms, houses and animals are washed away as a result of the electrical
company’s release of water from the dams, caused by heavy rains that rapidly increase the
volumes of the water in the dams, forcing them to relocate during some periods. Similar
mega-development projects threaten the livelihood of pastoralist communities, such as the
Turkwel Hydroelectric project in Turkana District and the proposed Tana Delta sugar project.
45.
Gem mining in the Endorois’ traditional lands around Lake Turkana has polluted the
river Sandai, on which they depend for their subsistence. Similarly, the Maasai of Laikipia
denounce the environmental degradation caused by the extracting of soda from the Magadi
deposits, and demand participation and an equal share of the benefits. Flower farms across the
Maasai landscape severely limit access to necessities like water, grass and saltlicks, especially
those erected around the shores of Lake Naivasha. Dumping of toxic waste has also been
denounced in Wajir and Marsabit, owing to the adverse effects this has on pastoralist grazing
areas.