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.
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