Indigenous People – Kenya

2.3 Land and Natural Resources [Page 12-14]

International human rights law guarantees against arbitrary deprivation of property and provides a standard of conduct to be followed in case of evictions. Furthermore, there are additional protections for indigenous people in recognising the unique importance, cultural and spiritual values that they attach to their lands, territories and natural resources. These guarantee land rights for indigenous people and provide protections against displacement from their lands. They also provide for consultation and consent to development projects. Several SDGs targets relate to land and natural resources.

The NAP consultations identified the following concerns related to land, natural resource development and business:

5. Cultural and historical barriers to access to land by women, minorities and marginalised groups such as indigenous persons. These barriers limit these groups’ participation in and decision-making power over land-related issues; […]

2.6 Labour [Page 12]

It is imperative that the labour market is regulated to ensure compliance with constitutional, legal and international standards. Several SDGs and ILO core conventions cover various aspects of working conditions including decent work and economic growth, reduction of inequality, quality education and gender equality. The SDG targets include: […] 2.3 (double the agricultural productivity and incomes of small- scale food producers, in particular […] indigenous peoples,[…] ); 4.5 (eliminate gender disparities in education and ensure equal access to all levels of education and vocational training for the vulnerable, including […], indigenous peoples […]);

CHAPTER THREE: POLICY ACTIONS

3.3. Pillar 3: Access to Remedy

B) Non-State-based Grievance Mechanisms [Page 21]

Policy Actions

The Government will:

1. Develop and disseminate guidance for businesses on the establishment of credible operational-level grievance mechanisms that are consistent with international standards. Such grievance mechanisms should be responsive to the needs and rights of vulnerable groups such as women, persons with disabilities, children and indigenous persons;

CHAPTER FOUR: IMPLEMENTATION AND MONITORING [Page 22]

To ensure that the measures proposed in this NAP are implemented, there shall be a NAP Steering Committee overseen by the Department of Justice and the Kenya National Commission on Human Rights. The Implementing Committee will consist of representatives from the following institutions:

7.     Three (3) Civil Society Organizations Representatives of persons living with disabilities, women and indigenous persons