A/HRC/4/32/Add.3 page 9 national policymaking. Many communities from the north, such as the Awer, Galjaeel, Somali, and Oromo, are also prevented from enjoying full citizen rights as a result of the lack of proper identity cards. 22. The existing political system divides many communities such as the Endorois or Sengwer into different administrative and electoral units. This diminishes their effective representation in the Parliament and participation in local decision-making, as they may not have the numbers to vote for leaders from their communities through elective processes. Political parties, according to their numerical strength in Parliament, are vested with the constitutional power to appoint 12 “nominated members” of Parliament to represent “special interests”, which may include marginalized communities. There is also the legal possibility of changing the boundaries of existing constituencies, taking into account the “representation of … sparsely populated rural areas”, and their “community of interest”. But these safeguards have not yet been fully implemented in favour of smaller indigenous communities. 23. Numerous indigenous communities complain that their needs are not being met and that their rights are not being adequately protected because, being numerically small, they do not have sufficient political representation at the national or provincial levels to make a difference. One such case was presented to the Special Rapporteur by the Ilchamus indigenous community of Baringo who represent 17 per cent of the local constituency and rely mainly on livestock for their subsistence. The community feels marginalized by the dominant groups in the district who do not represent their interests at the political level, and brought suit before the High Court alleging violation of their right to political participation. In a landmark judgement, issued shortly after the Special Rapporteur visited the country, the High Court directed the Electoral Commission of Kenya to supervise the appointment of nominated MPs to ensure compliance with the Constitution, and to take into account the Ilchamus community’s interests in the next boundary review. 24. The main effect of political marginalization is the unequal lack of access to development resources and government employment. This is particularly serious with relation to the Constituency Development Funds (CDF). Since 2003, 2.5 per cent of the government revenues are allocated every year to each constituency through this fund, but it is difficult for smaller communities who are not represented by an MP to have equal access to development resources and social services. B. Land and resource rights: the pastoralists 25. Most of the human rights violations experienced by pastoralists and hunter-gatherers in Kenya are related to their access to and control over land and natural resources. The land question is one of the most pressing issues on the public agenda. Historical injustices derived from colonial times, linked to conflicting laws and lack of clear policies, mismanagement and land grabbing, have led to the present crisis of the country’s land tenure system. 26. The 2002 report of the Presidential Commission of Inquiry into the Land Law System of Kenya (“Njonjo report”), the 2004 report of the Presidential Commission into the Irregular-Illegal Allocation of Public Land (“Ndungu report”), and the draft National Land Policy include specific provisions concerning land reform, and so do the two constitutional drafts under discussion.