Thank you madam chair, minority communities in Kenya have been the subject of economic
marginalisation which has been characterised by the lack of infrastructural development, limited
access to social amenities and a violation of their land rights. Such economic marginalisation
enamated from a legal framework and various policy initiatives that not take cognisance of minority
rights The failure to enforce judicial decisions upholding minority rights has also been a contributing
factor.
We are however encouraged by the promulgation of the new constitution of Kenya, acknowledging
its recognition of marginalised communities and marginalised groups, its recognition of Kenya's
international treaty obligations,its inclusion of economic and social rights in the bill of rights and its
specific application of the bill of rights to minorities and marginalised groups.
We further welcome the draft recommendations on minorities and effective participation in economic
life and call on Kenya to implement the recommendations as an elaboration of the constitutional
safeguards accorded to minorities. More specifically we recommend the following: In keeping with
paragraph 12 of the draft recommendations we call on the government of Kenya to eliminate de jure
and de facto discrimination of minorities by enforcing the recommendations and decisions emanating
from its own judicial institutions and regional bodies, such as with the Il chamos and Anderois
decisions. The enforcment of these decisions will instigate legal reforms and sest judicial precedence
on the representation of minorities in decision making processes, safeguarding the land rights of
minority communities, equitable benefit sharing of resources and the need to obtain informed consent
from communities.
As articulated in paragraph 15 of the draft recommendations and as expressed in article 56 of
Kenya's constitution we recommend that the governmetn consults and adopts special and concrete
measures and remedy the effects of direct and indirect discrimination on persons belonging to
minorities especially in the fields of employment, educaiton and training, financial services and land
tensure and property rights. Such measures could be elaborated in Kenya's initial action plan on
huamn rights. We recommend that the government oversees the effective use of the equalisation fund
prescribed in the constiution as a targeted approach to addressign the economic exclusion of
minorities referred to as in paragraph 16 in the draft recommendations.
And finally recommend that the government of Kenya extends an invitation to the independent expert
of minority issues to visit Kenya and to further seek technical assistance on the implementation of the
constitutional provisions pertaining to minorities and other marginalised groups.
Thank you.