A/HRC/4/32/Add.3
page 2
Summary
The present report describes the official visit to Kenya of the Special Rapporteur on
the situation of human rights and fundamental freedoms of indigenous people from 4 to
14 December 2006, at the invitation of the Government. In Kenya, the Special Rapporteur held
consultations with national and regional authorities, United Nations agencies, representatives of
non-governmental organizations, and members of indigenous communities and organizations in
various parts of the country.
The minority hunter-gatherers and pastoralists who live mostly in the arid and semi-arid
lands, such as the Elmolo, Yakuu, Sengwer, Maasai and Ogiek, are the indigenous communities
of Kenya. Their livelihoods and cultures have been traditionally discriminated against and their
lack of legal recognition and empowerment reflects their social, political and economic
marginalization.
The principal human rights issues they face relate to the loss and environmental
degradation of their land, traditional forests and natural resources, as a result of dispossession
in colonial times and in the post-independence period. In recent decades, inappropriate
development and conservationist policies have aggravated the violation of their economic, social
and cultural rights.
The lack of social and health services in indigenous communities is especially hard on
women and children, who suffer gender inequalities and discrimination, especially with respect
to property rights, and harmful traditional practices that are also conducive to the increasing
spread of HIV/AIDS amongst these communities.
The current Government has embarked on alternative policies for the community-driven
development of arid and semi-arid lands, affirmative action policies within the framework of the
poverty reduction strategy and the free universal primary education programme. If successful,
these policies should be able to redress historical injustices and improve the overall situation of
indigenous communities.
The violence associated with social and ethnic conflicts of various kinds and the lack of
transitional justice and redress have also impacted on the human rights of indigenous
communities.
The Special Rapporteur concludes his report by making a number of recommendations
intended to contribute to the improvement of the human rights situation of the indigenous
peoples in the country.