A/HRC/4/32/Add.3
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92.
The Government should take all the necessary steps, in consultation with indigenous
peoples in the country, to ensure prompt ratification of ILO Convention No. 169 on
Indigenous and Tribal Peoples in Independent Countries. It should also promote the
adoption of the United Nations Declaration on the Rights of Indigenous Peoples by the
General Assembly and, through Parliament, ensure the incorporation into domestic law of
these instruments.
93.
The national census should identify pastoralists and hunter-gatherers as distinct
indigenous communities and provide disaggregated data in order to understand their
specific needs and facilitate the elaboration of appropriate public policies.
94.
The Government, through the Electoral Commission of Kenya, should regulate the
nomination of Members of Parliament by political parties, in particular to ensure
adherence to the constitutional provisions on the need to take into account special interest
groups in those nominations.
95.
Existing districts and constituencies should be redefined in order to provide for a
more effective representation of the interests of smaller indigenous communities,
particularly in cases where they are divided into several administrative units, in line with
section 42 of the Kenya Constitution.
96.
The current procedures for granting national identity cards should be reviewed to
remove obstacles affecting indigenous communities, and such identity documents should be
provided to members of nomadic pastoralist and forest communities who still lack them.
Land and resource rights
97.
The Government should fully implement the recommendations of the Ndungu
report, giving particular attention to the rights of indigenous and other marginalized
communities to their lands and natural resources. The draft National Land Policy should
be adopted, retaining the sections on the land rights of pastoralists and hunter- gatherers,
and fully implemented.
98.
Indigenous communities should be consulted prior to the exploration for and
exploitation of natural resources on their traditional lands, and should receive an equitable
share of benefits obtained from such activities through participatory resource
management. They should be fully compensated for any adverse environmental impact on
their land, resources and traditional livelihoods resulting from development projects and
other economic activities.
99.
Efficient mechanisms should be established to address historical injustices and settle
current land and natural resource disputes resulting from dispossession of lands
traditionally owned by pastoralists and hunter-gatherers. These mechanisms should
include the possibility of revocation and rectification of irregular titles, as well as the
restitution of lands and/or effective compensation to the affected communities.