A/HRC/4/32/Add.3 page 22 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.

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