A/HRC/4/32/Add.3
page 15
of their members and herds as a result of attacks by wild animals, as well as the destruction of
their crops. Victims of these episodes claim that they have been insufficiently compensated, if at
all.
52.
The growth of the tourist industry in connection with the establishment of protected
natural areas has created additional problems for these communities. In Maasai Mara the
construction of a private tourist resort reportedly associated with top government officials has
involved fencing off an area traditionally belonging to the Sekenani village, leading to the loss of
access to one of the only three sources of water for everyday human and cattle consumption.
Local communities of Endorois similarly claim that the privately owned Laikipia Natural
Conservancy Trust severely curtailed their livestock grazing, and access to water sources in the
area is only allowed once a week.
53.
Local indigenous communities do not participate in the management of the parks and
reserves and do not benefit from the revenue, which either accrues to the Kenya Wildlife Service
in the case of national parks, or to the local district in the case of national reserves. An exception
in this regard is the Maasai Mara, where 19 per cent of the revenue is said to be invested in
favour of the local Maasai communities. However, local villagers claim that they do not see the
benefit, and 60 per cent of the district remains in poverty.
54.
The revision of the Kenyan Wildlife Policy in 2003, adoption of which is still pending,
was halted under pressure from indigenous communities. A better practice, from the human
rights and ecological perspectives, would be to involve the pastoralist and forest communities in
the management and benefits of a conservationist strategy. Thus, wildlife and parks would be
preserved, tourist dollars would be obtained, and the livelihood of the local populations would be
protected and strengthened. Throughout Kenya’s recent history, it would appear that wild
animals are protected, while people are not.
F. Access to justice and impunity
55.
Historical injustices and marginalization, increased pressure on lands and resources,
political manipulation and cross-border dynamics have given rise to a deteriorating security
situation and recurrent inter-ethnic conflicts. Episodes of violence in the north, the Rift Valley
and coastal areas reached a peak during the 1990s and in 2004-2005, resulting in widespread
human rights violations. Communities claim that the Government’s response to these situations
has been inadequate, and that in many instances it has led to human rights abuses by security
forces. In most cases, these abuses have not been seriously investigated and the victims have
found no redress, leading to a widespread sense that impunity prevails.
56.
The North Eastern Province is one the most marginalized areas of Kenya. It has a long
history of conflict dating from the European “scramble for Africa”, and still suffers the tragic
consequences of the short-lived “Shifta war” between the Government and the Somali
secessionists after independence. The region became practically a police State during the
following decades, and the application of emergency laws led to gross violations of human
rights. While much of this legislation has since been repealed, the consequences of
discrimination (such as the issuing of “screening” cards) against Somali Kenyans still lingers.