A/HRC/4/32/Add.3 page 23 100. 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.

Select target paragraph3