A/HRC/4/32/Add.3 page 8 sustainable form of land use adapted to the environment. Deforestation and poor land use have further increased environmental degradation, making the land more vulnerable to cyclical droughts and floods. 18. The Constitution of Kenya incorporates the principle of non-discrimination and guarantees civil and political rights, but fails to recognize economic, social and cultural rights as such, as well as group rights. The rights of indigenous pastoralist and hunter-gatherer communities are not recognized as such in Kenya’s constitutional and legal framework, and no policies or governmental institutions deal directly with indigenous issues. However, in recent years the specific situation and needs of these communities have started to be addressed, as reflected in current discussions on the ASAL and national land policies, and there seems to be growing consensus on the need for affirmative action towards these communities. 19. The specific needs and rights of pastoralists and hunter-gatherers were also taken into account in the constitutional review process that started in 2003. After countrywide consultations that included indigenous organizations, the first draft of a new constitution (the “Bomas draft”) included the decentralization of power and group rights, a section on “Minorities and marginalized groups”, and a system of affirmative action in employment, economic development, and political representation. It also called for the equal redistribution of lands and resources, and for the redress of historical injustices. A new revised draft prepared by Parliament (the “Wako draft”) was overwhelmingly defeated in a referendum in 2005, partly because it failed to address outstanding land issues and the decentralization of power. Since then, the process of constitutional reform remains at a stalemate. 20. The Special Rapporteur is encouraged by the fact that KNCHR and the Ministry of Justice and Constitutional Affairs have begun to consider the promotion and protection of pastoralists and hunter-gatherers in Kenya as part of their activities. It is also encouraging that indigenous issues are being considered as cross-cutting issues in the process of formulation of a National Action Plan and Policy on Human Rights being spearheaded by these two institutions. Various official development initiatives, including the Poverty Reduction Strategy Paper (PRSP), the ASAL Resource Management Project and the draft National Policy for the Sustainable Development of the ASALs, take into account the special characteristics of pastoralism. Similarly, the new land policy currently under discussion refers explicitly to “the rights of minority communities”, a concept that covers groups such as hunter-gatherers, forest peoples and pastoralists. IV. MAJOR ISSUES AFFECTING THE RIGHTS OF INDIGENOUS PEOPLES IN KENYA A. Legal recognition and political participation 21. The 1989 national census lists 42 tribes in Kenya, but omits many smaller pastoralist and hunter-gatherer communities, such as the Ogiek, El Molo, Watta, Munyayaya, Yakuu, and other small groups such as the Sabaot and Terik, who are not legally recognized as separate tribes. This situation is derived from the colonial policy of promoting assimilation of smaller communities into other dominant groups. Affected tribes claim that the lack of a separate code in official documents identifying them as distinct ethnic groups reduces their visibility in