A/HRC/4/32/Add.3 page 17 communities concerned still await responses to their numerous complaints to authorities at all levels. This typical lack of response, linked to high levels of public corruption, has led to widespread distrust of government authorities. 63. The issue of redress for past human rights violations led to the creation of a presidential Task Force on the Establishment of a Truth, Justice and Reconciliation Commission (the “Mutua Commission”), which concluded that “[t]he post-colonial state has engaged in the most abominable human rights violations … known to humanity” (p. 9), and recommended the establishment of a truth commission to inquire into those episodes and to seek redress for the victims. These views have been fully endorsed by KNCHR, which reports that “ [p]olitically instigated ethnic clashes have, in the 1990’s, resulted in massive human rights violations such as the death of thousands of people and injury to many more, the destruction of property worth billions of shillings, and the traumatizing of the immediate victims and their relatives” (KNCHR, Strategic Plan 2004-2009). The Government has so far failed to establish a transitional justice mechanism, which has been seen as a major failure in its democratization efforts. 64. With the exception of Kadhis (Islamic) courts, there is only a limited recognition of traditional or customary justice systems in Kenya. National courts may apply customary law only in civil matters in which one of the parties is subject to customary law and “as long as it is not repugnant to natural justice”. There is an increasing demand for the right of communities to be represented in court that is not yet addressed. G. Poverty, inequality and access to social services 65. The Kenya UNDP Human Development Report 2001 indicates that the Human Development Index declined from 0.531 in 1990 to 0.514 in 1999, as reflected in the fall in life expectancy, per capita income and school enrolment and the rise in infant mortality and disease incidence. A major concern is the recent increase in poverty in the country, from 26 per cent in 1997 to 35 per cent in 2001. Another source estimates this rate at 57 per cent in 2005. Inequality is on the rise in Kenya, and the top 10 per cent of households control 42 per cent of the total income while the bottom 10 per cent of households control less than 1 per cent. The overall development situation is also characterized by regional, rural-urban, gender and social class inequalities. Due to their historical marginalization and social exclusion, pastoralist, hunter-gatherer and other minority communities consistently show higher poverty rates and lower levels of social and human development than the rest of the population. 66. The Human Development Report does not provide disaggregated data about indigenous people, but regional differences provide significant indicators. A large gap exists between the north and the rest of the country. In Garissa District alone, the poverty incidence is 64 per cent and in Marsabit the majority of the population relies on humanitarian relief. Together with the North Eastern Province, the poorest districts in the country are found in Coast, Eastern and Rift Valley Provinces, all ASAL areas that are home to the majority of pastoralists and hunter-gatherers. The Economic Recovery Strategy for 2003-2007 (ERS) defines the situation in the ASALs as one of “rampant poverty” (p. 45). 67. Community representatives interviewed by the Special Rapporteur outlined as causes of indigenous peoples’ poverty the unequal distribution of land and the lack of access to productive