Indigenous People In Kenya

1962 Words8 Pages
. CHAPTER THREE INTERNATIONAL, REGIONAL, NATIONAL AND LEGAL RPOVISIONS This section highlights the legal framework protecting and promoting indigenous people in Kenya and South Africa. It captures some of the key provisions of the laws that have a bearing on indigenous peoples, particularly constitutional and statutory law broken down as follows: 1.Recognition and identification 1.1Kenya . The constitution recognizes the concept of self determination as provided in UNDRIP by recognizing the need by these communities to preserve their extra ordinary culture and identity.[ Report by Samburu Women for Education and Environment Development Organization.] This is according to the Report issued by the Samburu Women for Education and Environment…show more content…
However, with modernization and improved infrastructure and other extenuating factors, Kenyans have experienced a heightened level of interaction amongts these communities. Therefore, it is very common to find co-existence of different tribes in areas previously known to be inhabited by one or another tribe.] Due to lack of sufficient recognition of indigenous people as a minority group in Kenya they have been excluded from development especially economically as was seen in the Report carried out by the United Nations Special Rapporteur on Indigenous People in Kenya.[ Report of the United Nations Special Rapporteur on Indigenous Peoples in…show more content…
Section 9 of the constitution further provides for the right to equality before the law and the right to equal protection and benefit of the law and non-discrimination on various grounds, including ethnic or social origin and culture.[ Sec 9(3) South Africa constitution.] Parliament also passed the Promotion of Equality and Prevention of Unfair Discrimination Act of 2000[ Act 4 of 2000.]to give effect to section 9(4) of the Constitution. Indigenous peoples may therefore not be discriminated against on the basis of their race, culture, religion or any of the grounds in section 9(3) of the constitution. The Constitution further provides that due to past inequalities affirmative action is acceptable.[ Sec 9(2) SA Constitution.] This provision is important to indigenous peoples in South Africa since they continue to be marginalized and could potentially benefit from affirmative action programmes.[ Chennells and du Toit

More about Indigenous People In Kenya

Open Document