A/HRC/4/32/Add.3
page 19
73.
The Government’s 2005 Policy Framework for Education, Training and Research
advocates affirmative action strategies, calling for the priority construction of schools in areas
where nomadic populations live. Pastoralists are now targeted as marginalized groups on the
same footing as slum dwellers and children with special needs, but with no regard to their
specific cultural contexts.
74.
The official languages of teaching are Kiswahili and English. Local vernacular
languages are not officially used in the school system, though some communities manage to
provide schooling in their own language as well. The Special Rapporteur received a number of
reports complaining about the loss of the vernacular language, for example from the Yaaku and
the Watta people, with pleas for action to preserve their languages, which they consider as
cultural treasures.
75.
Most indigenous peoples still lack easy access to primary health care, due to distance,
lack of transport and essential supplies, and high costs. Moreover, health facilities are
understaffed and distributed unevenly across districts in ASALs. Maternal health care is lacking,
infant mortality is high, and the Orma estimate that 30 per cent of their women die during
pregnancy and labour. In the absence of public health, people rely on traditional medicine and
the Kenyan Medical Research Institute has recommended its legalization.
76.
Indigenous communities, as the rest of Kenya’s population, have been strongly affected
by HIV/AIDS, though statistical data are lacking. The disease mostly affects poor women,
especially in the pastoralist areas where they are excluded from development policies and where
certain cultural practices such as initiation rites are conducive to its propagation.
77.
Child labour is on the increase among indigenous communities, because domestic
herding requires their participation. Orphans and children from poorer households are often
hired out, sometimes to commercial herders but also to tea plantations and mining quarries, or as
domestic workers. Child labour among indigenous populations has not received the government
attention it requires, but ILO and some private organizations have programmes addressing these
issues.
H. The rights of indigenous women
78.
Gender inequalities and discrimination against women constitute persistent human rights
violations, and indigenous women stressed that they also face systematic injustices and abuse
within their own communities.
79.
Female genital mutilation (FGM), though outlawed since 2001, is still practised widely
among numerous indigenous communities such as the Maasai, Samburu, Somali and Pokot, as
part of the culturally sanctioned rites of passage. Whereas at the national level 34 per cent of
women undergo FGM, the percentage in North Eastern Province rises to an alarming 99 per cent.
FGM poses serious problems for the physical and mental health of girls and, being a form of
gender violence, it is also a major human rights violation. Some organizations have
experimented with various means of abandoning the practice in socially acceptable ways. For
instance, UNFPA supports the Tasau Ntomok Girls Rescue Centre in Narok, which promotes an
alternative rite of passage for pubescent girls, respecting the value of the tradition but rejecting
the violence associated with it.