A/HRC/4/32/Add.3 page 21 scrutiny and alternative proposals for community-driven participatory asset management and development schemes have been put forward in the Government. They point to the importance of including the right to a healthy and secure environment in ongoing discussions concerning the rights of indigenous peoples in Kenya. Destruction of traditional habitats as a result of insensitive development projects, flawed policies and private enterprise are also human rights issues that demand compensation and reparation. 86. Historical injustices and increased pressure on land and natural resources have produced uncertainties that nourish ongoing inter-ethnic conflict which in turn fuels expressions of negative ethnicity that are often manipulated by political elites in a widely perceived environment of corruption and impunity. The legacy of grievous human rights violations that occurred in the past, such as the Wagalla massacre of 1984 and others, still weighs heavily on the country, and unless true transitional justice is achieved the human rights picture at the national level will be clouded. Effective means for conflict resolution and peacebuilding at the local level must also be strengthened. 87. Since the 2002 elections a new atmosphere of civil liberties has enabled human rights and indigenous peoples’ organizations to have a voice in the national debate and to participate actively in discussions on alternative policies. Still, a number of indigenous communities complain about their “invisibility” and lack of recognition, and they ask for greater participation at the political level. 88. The human and social development indicators of indigenous people lag behind the national average. The draft ASAL policy, the PRSP, the Economic Recovery Strategy for Wealth and Employment Creation and the programme of free universal primary education, among others, are steps in the right direction, and they must be supported with material resources, technical skills, human capital and, above all, political will. These programmes must focus on the special needs and requirements of pastoralist and forest communities if they are to make an impact on the human rights situation of indigenous peoples in the country. 89. Indigenous women are victims of serious human rights violations derived from discriminatory status and customary law, lack of access to social services and decision-making, and harmful traditional practices such as FGM. Difficulties in achieving gender equality among indigenous communities will require special measures within an overall approach of affirmative action and culturally appropriate policies towards these communities. VI. RECOMMENDATIONS 90. In view of the above, the Special Rapporteur makes the following recommendations: A. Recommendations to the Government Legal recognition and political participation 91. The rights of indigenous pastoralist and hunter-gatherer communities to their lands and resources, effective political participation and distinct cultural identity should be constitutionally recognized. Specific legislation should be correspondingly enacted, including affirmative action where necessary.