E/C.12/KEN/CO/2-5 (b) The delay in adopting a national policy on internally displaced persons; (c) Social segregation, the lack of public transportation and limited access of internally displaced persons to basic services, including water and sanitation, health, education and social assistance. 12. The Committee recommends that the State party implement, without further delay, the Truth, Justice and Reconciliation Commission’s recommendations relating to the 2007/2008 post-election violence, including adequate compensation for the internally displaced persons concerned. It also recommends that the State party: (a) Establish a comprehensive registration system and keep up-to-date records of all internally displaced persons; (b) Adopt a national policy on internally displaced persons in consultation with them to facilitate the implementation of the Act; (c) Ensure that internally displaced persons in resettlement sites have access to public transport and basic services, including water and sanitation, health, education and social assistance. Economic partnership agreement 13. While noting that on 16 October 2014 the East African Community States, including Kenya, concluded the negotiations for a region-to-region economic partnership agreement with the European Union, the Committee regrets that the negotiations were not preceded by an assessment of its impact on the enjoyment of economic, social and cultural rights (art. 1 (2)). 14. The Committee encourages the State party to seize the opportunity of the consultations that shall take place prior to the ratification of the economic partnership agreement in October 2016 to identify the potential negative impacts on the enjoyment of economic, social and cultural rights and to adopt the measures necessary to mitigate such impacts, particularly on the livelihood of small-scale farmers and fisherfolk, as well as on access to medicines. The Committee draws the attention of the State party, in this regard, to the 2011 guiding principles on human rights impact assessments of trade and investment agreements (A/HRC/19/59/Add.5). The Endorois 15. The Committee is concerned that the implementation of the decision of the African Commission on Human and Peoples’ Rights relating to the Endorois has been long delayed, despite acceptance of the decision of the Commission. While noting the establishment of the Task Force on the implementation of the decision of the African Commission on 26 September 2014 contained in communication No. 276/2003, the Committee regrets that the Endorois are not represented on the Task Force and that they have not been sufficiently consulted on the work of the Task Force (art. 1 (2)). 16. The Committee recommends that the State party implement, without further delay, the decision of the African Commission on Human and Peoples’ Rights (276/2003) and ensure that the Endorois are adequately represented and consulted at all stages of the implementation process. It also recommends that the State party set up a mechanism that will facilitate and monitor the implementation, with active participation of the Endorois. It further recommends that the State party ratify the Indigenous and Tribal Peoples Convention, 1989 (No. 169), of the International Labour Organization. 3

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