A/HRC/4/32/Add.3
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100. Stronger guarantees against the dispossession of indigenous communal lands should
be incorporated in the land legislation, allowing for room to challenge fraudulent first
registrations in the courts. The Government should also ensure that no adjudication or
setting apart of trust lands or unalienated government lands should be allowed without the
free, prior and informed consent of local communities.
101. The policy of privatization of communal ranches should be carefully revised with
the participation of the communities concerned, in order to provide permanent protection
and support to communal lands and group ranches and counteract the negative
consequences of the “willing seller-willing buyer” practice, particularly in Narok and
Kajiado Districts.
Forest areas
102. The rights of indigenous hunter-gatherer communities (particularly the Ogiek in
Mau Forest) to occupy and use the resources in gazetted forest areas should be legally
recognized and respected. Further excisions of gazetted forest areas and evictions of
hunter-gatherers should be stopped. Titles derived from illegal excision or allocation of
forest lands should be revoked, and new titles should only be granted to original
inhabitants. Illegal commercial logging should be stopped.
Environmental rights
103. The Government’s ASAL policy should include measures to restore the
environment and prevent further degradation in pastoralist areas. In particular, it should
cooperate with other actors in the elimination of the prosopis weed in the Il Chamus
community.
104. The authorities of the Tana River dams should ensure that no water release takes
place without previously informing and consulting with the Munyayaya and other
communities living along the river. Any damage on indigenous communities’ lands
resulting from the operations of the dams should be fully compensated.
105. The State should promote the complete removal of landmines and other military
ordnance in pastoralist areas, and victims should be fully compensated.
106. Existing legislation should be amended to ensure the rights of local indigenous
communities to access the natural resources in protected areas in their traditional
territories. Conservation and the rights of indigenous peoples should be balanced in
accordance with the recommendations of the fifth World Parks Conference held in
Durban, South Africa in 2003.
107. Pastoralist and hunter-gatherer communities should be involved in decisions
concerning the management of and benefits derived from protected areas, game reserves
and national parks. They should also be compensated for any loss derived from the
creation of such areas, including any human and material losses derived from wildlife
activities in the vicinities of these areas.