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  • 1. Bi l l G a t e s : S e e d s alone will not end pove r t yPastoralist PostPast o ra l i s t s We e k E d i t i o n , 2 0 1 2 PastoralistConflicts greatest threat to realisation of constitutional gains
  • 2. e T d e i th o n r i i ca a l c l B i l l G a t e s, s e e d s a l o n e w i l l n o t e n d p o v e r t y Pastoralist Post Pa s t o ra l i s t s We e k E d i t i o n , 2 0 1 2 IN THIS ISSUE Pastoralist ConfliCts g re a t e s t t h re a t t o re a l i s a t i o n o f constitutional gains Published by: Centre for Minority Rights Development (CEMIRIDE) P.O. BOX 14692, 00100 Tel 254 20 609682/ 606589 Webpage:www.cemiride.org email: admin@cemiride.info PAGE 12Recommendations for How to Incorporate Proud of Customary Land Laws Into Statute their culture Editorial Consultant: WORD FROM CEMIRIDE Jot It Down Ltd Design & Layout Counting the gains A Sanabora Design House Email: info@sanabora.com s numerous reforms contin- lated as issues of analysis and discussion ue to take place in line with during the Kenya Pastoralists Week 2011. the constitutional provisions, The national forum sought to evaluate All photos- Courtesy of CEMIRIDE the need to understand their the gains of the reform processes on impact on pastoralists and on pastoral- pastoralists and pastoralism and offer Editorial Committee: ism as a mode of livelihood becomes recommendations that will be in tandem Yobo Rutin Member paramount. This is indeed the only way with ongoing reforms agenda. This Joseph Mbatha Member that pastoralists can determine the ben- forum brought together pastoralist com- Sally Gathoni Member efits of the new constitution in their munity members, pastoralist community Safia Abdi Member lives. based organisations’ representatives, It is on this backdrop that the reforms national and international partner broadly categorised as being legislative, organisations, members of the academia policy and institutional nature were iso- and government representatives. 2 3 D e c eA p r i r 2 0 1 2 mbe l 1
  • 3. i n t h i s i ss u e A RAY OF HOPE PAGE 8 PAGE 16 PAGE 4 Disaster Risk Management, KENYA Land Reforms Food Security and Climate PASTORALISTS In Kenya and Change: WEEK 2011: Implications for Policy Implications Recommendations Pastoralist for Pastoralists and Pastoralism. and Resolutions Communities in PAGE 14 Kenya This edition of the Kenya Pastoralists by stakeholders for effective participa-Week compiles a sample of the main tion, representation and incorporationtopical issues tackled during the nation- of issues of concern to pastoralists asal forum and is aimed at documenting well other minorities and indigenousthe recommendations and suggestions peoples in constitutional implementa-forwarded by participants during the tion processes that promote their eco-forum. nomic, social, cultural and political This edition not only documents rights.laser-precise issues facing pastoralists In addition, it highlights topics ofbut also serves as a platform for advo- interest on subjects that have been oncating the concerns of pastoralist com- the forefront of discussions concerningmunities in the reforms processes. It is pastoralists both at the local and inter- Mr Yobo Rutin, Executive Director a comprehensive guide for engagement national level. Welcome. - Centre for Minority Rights Development april 2012 3
  • 4. l a n d r e f o r m sLand Reforms In Kenya andImplications for PastoralistCommunities in KenyaKBy Yobo Rutin an implementation should include, and could include such aspects as suffi- enya is lucky to have a very when it should be undertaken, who the ciency of technical and human capaci- enabling policy and constitu- key players should be and at what cost. ty. Indeed, the current situation is that tional frame work on land. The current assessment as of there is need for the government and Kenya’s policy and consti- December 2011 is that no such compre- non state actors to undertake a capaci-tional framework on land is touted as hensive exists as yet. It is therefore ty needs assessment in order to fulfillone of the best in Africa. This current important that all stakeholders dedi- and command capacity related require-framework is provided by the National cate their efforts towards realizing such ments.Land Policy adopted in December 2009 an implementation framework before it Institutional reforms to devolve andand the Constitution that was promul- gets to be too late. decentralize decision making and ser-gated in August 2010. Other critical factors that should vice delivery is mandatory. This will This framework is as a result of guarantee sustainable land reforms essentially include the National Landunrelenting and protracted campaigns may include: sustainable budgetary Commission, County Land Boards andby many stakeholders with not only support. It is the hope all stakeholders Community Land Boards. It is in theinterest in land reform but also who that this should not be a problem. crafting of these structures and theirappreciate the role that land and natu- Political goodwill is key to expeditious mandates that public participation willral resources has played in the political, and successful land reforms. It is any- be required and especially that of pas-social economic and cultural reality of body’s guess whether the coalition toralists.Kenya. partners would be committed to land Appropriate enabling legislation will There are a number of key ingredi- reforms or not. provide the infrastructure of rules ofents that contribute to effective and The question of public participation engagement for institutions, communi-sustainable land reforms. These include is highly valued since any of the reform ties’ individuals and the state.a comprehensive implementation directions mooted should be mandated Legislation as a highly critical factorframework and action plans. Such an by those who have the highest stake in requires utmost diligence by all stake-implementation should, of necessity, land and land related resources. holders to ensure that land reforms arecomprise of what the content of such Participation has many dimensions; taken forward as envisaged by the key4 April 2012
  • 5. LAND REFORM Sprinciples and provisions of the National tive extension of contentious land leases infrastructure even if it has to be seen inLand Policy 2009 and the Constitution in Laikipia, the Coast, and Urban areas. the context of such basic requirements.of Kenya 2010. Already there are fears The converse may also be true where There are no offices, no personnel, nothat embedded vested interests, includ- you could have selective denial of systems, and no inventory of cases/ing within the Ministry of Lands may extension of land leases (if politically issues amongst others.violate the interest of the public. This incorrect) and therefore leases may be Interventions that could minimize ortherefore requires of all to effectively re-allocated to the ‘politically correct’. pre-empt damage during transitionmonitor the legislative processes and Again, one might start seeing selective phase could still be envisaged and theseoutcomes. This is especially true of pas- recovery of grabbed public land based may include: ensuring that officers intoralist communities in Kenya who have on flimsy or political grounds. key positions are trustworthy and vigi-been affected by legislations in the past Unusual land sales or transfers to lant. The transitional phase could also bethat led to the dispossession of their defeat possible consequences of imple- shortened; ensuring that legislationland and land based resources. mentation may be witnessed. This may drafting is inclusive and not entrusted to There a number of Transitional be true where suspect land is being the those with negative vested interests.Actions/Activities that can undermine subject of possible recovery, or in the This would call for a robust public par-land reforms. These may include: case of foreigners transferring land piec- ticipation; imposing a moratorium on alldestruction and willful misplacement of es to local proxies. Take for instance the allocation of public and trust or commu-sensitive land records (akin to what recent case of where 17, 000 acres nity land over the transition phase. Any colonial authorities did at indepen- owned by one senior citizen in Laikipia compelling cases could be subjected todence. was transferred to a State agency while vetting by a multi-sectoral panel of The other sabotaging activity could the Samburu still stake a claim to it. experts; the public to remain alert andbe the enactment of weak legislation. It would not be strange for one to see expose noted cases of irregular alloca-Sometimes this is purposely designed to intense lobbying by various parties to tions; undertaking a quick audit of thepreserve status quo of the land situation ensure the inclusion of ‘friendly faces’ in known contentious leases to ensure noin Kenya. There may be, for instance, new land institutions such as the underhand extensions without theheightened and selective allocation of National Land Commission, County & knowledge of other claimants;public land. This may be true of particu- Community Land Board in order to miti- Repossession of grabbed land to belarly high value zones of Nairobi, gate consequences of past irregular done within the constitutional frame-Mombasa, Mavoko, and Thika, amongts practices. work; interested parties (communities,others. Surveyors, valuers, lawyers and Poor budgetary provision and institu- institutions or individuals) should lodgeland managers can easily tell from tional unpreparedness could perhaps be caveats or cautions to pre-empt suchempirical evidence such trends. the most effective ways of undermining fast-tracked sales or transfers; good Heightened and selective allocation land reforms. Take the case of public vetting of officers to manage newof trust/community land is one thing Environment and the Land Court which institutions; all stakeholders to be proac-pastoralists need to be particularly care- are yet to be put in place. This means tive; stakeholder lobbying to ensure sus-ful about. Relatedly, one may find selec- that there is no enabling institutional tained budgetary provisions; early april 2012 5
  • 6. LAND REFORM S / P A S T ORALI S T CONFLIC T Sreview and or restructuring of existingland institutions to ensure harmonyonce new ones are operationalized. One may also want to consider spe-cific cases like the Endorois Case versusthe Kenyan state where the AfricanUnion Commission on Human andPeoples’ Rights (ACPHR) ruled in favourof appropriate remedies due to viola-tion of the Endorois community indige-nous land rights. Obtaining remediesfor such a case is currently hamperedby a number of factors such as lack ofenabling legislation. Most of the legisla-tions cannot respond to positivelyeffecting the remedies by the Africancommission for instance the Trust LandAct, Wildlife (Conservation &Management) Act, the LandAdjudication Act, among others.Administrative measures could begin toaddress some issues and prepare forimplementation once legal framework isin place. Political goodwill necessary toeffecting the remedies is currently lack-ing otherwise one could envisage a nmulti-sectoral/multi-stakeholder com-mittee comprising all the key actors(community, MoL, KWS, County Counciland any others) to provide leadership ineffecting the remedies In conclusion a number of key areas Pastoralist Conflicts; greatest threat toneed to be fixed to ensure effective andsustainable land reforms in Kenya.These include improving land gover- realisation ofnance institutions, responsive legisla-tion and legislation stakeholder moni-toring to inform reforms. constitutional gains Pastoralist communities and stake-holders must Lobby and press for timelyand effective implementation of landreforms as per Constitution and the CNational Land Policy. They must be By Michael Ole Tiampati nal factors in the last century have com-keen on security of tenure of communal onflicts among pastoralists go pounded the situation. Climatic changesland and access to protected areas, back to history, even prior to and subsequent unpredictability of thewater, pastures and salt licks; participa- colonialism; among the key weather patterns have had to detrimen-tion in the legislative process is critical. causes are the extreme cli- tal effects on the herd numbers (whichIn addition pastoralist communities matic conditions prevalent in the arid traditionally provided safeguardsought to find was of influencing the and semi arid regions where pastoralists against such shocks as drought and epi-membership of National and County reside and competition for access and demic disease as well as crop failure)land institutions and Whistle blow ownership of scarce resources. These and have had implications on the mobil-where issues so require. conditions have prevailed for as long as ity component of pastoralism which is pastoralists themselves have been in an age –old herd, ecological andAdapted from the presentation by Ibrahim Mwathane:Land Development and Governance Institute at the existence. resource management strategy. RightsKenya Pastoralists week 2011 National Forum However, certain external and inter- to pasture and water resources were6 April 2012
  • 7. P A S T ORALI S T CONFLIC T S / r e g l a ptraditionally communal in order to development and social economicguarantee access to both dry and wellbeing and among pastoralistswet season grazing which support it forms the causative aspect ofthe key pillars of pastoralism, i.e. conflict. While this is an obviousNatural Resources, Livestock and fact even to development plannersSocial institutions. and implementers in Kenya the Others include pastoralists’ cul- arid and semi arid lands securityture and cattle raiders, the colonial issues have not been fullylegacy, government policies, and addressed by the duty bearers.traditional and political leadership. According to security experts; theThe spiral effects of the conflicts introduction of modern arms inare diverse affecting a big number the insecurity equation has madeof people ranging from the perpe- cattle rustling more complicated astrators of the conflict to those who compared to the past when tradi-can be classified as innocent tional weapons were inefficientbystanders. The net effect of pas- and less destructive. They played atoralist conflict is death, disability, part in determining the frequencydestruction, poverty, despondency, of raids by any group on their ene-animosity and irreconcilable suspi- mies.cion among pastoralists especiallyin the northern and north easternparts of Kenya. Proliferation of small arms and disarmament Drought RiskGovernance and DevelopmentIssues of governance and econom- The other vexing factor is the pro- liferation of small arms through the porous borders with Ethiopia, Reductionic development are central to pas-toralist conflict. They catalyze cat-tle raids and may be used to allevi- Somalia, Sudan, Uganda and Tanzania. The lack of a compre- hensive regional arms control Programme-3 Ethiopia,ate and eventually eradicate the mechanism has not borne fruitspractice. Consequences of cattle due to myriad interests and theraids on economic development of fact that with security presence in Kenyapastoralists are also clear. This the pastoralist areas, most com-conflict has scared away potential munities are hesitant to surrenderinvestors, undermined infrastruc- their arms to the state. This is fur-tural development and service pro- ther compounded by the haphaz- Cvision while at the same time driv- ard disarmament approachesing local communities deeper into employed by the Kenyan govern- ordaid has been implementingthe abyss of poverty and depriva- ment. Disaster/drought Risk Reduction pro-tion. Large swathes of pastoralist In 2007 a disbarment operation grammes in Kenya and Ethiopia forareas especially in Samburu, was launched in Samburu and over a decade. The Drought RiskTurkana, Pokot, Turkana, Baringo, Baringo districts after protracted Reduction Programme-3 specifically is fundedIsiolo, Marsabit among others have conflict pitting the Ilchamus and by European Commission Humanitarian Aidbeen rendered uninhabitable due Samburu against the Pokot. under the Drought Cycle Management (DCM)to cattle raids and territorial own- Government intervention included Decision. The programme objective is toership induced insecurity. disarming the communities; how- increase coping capacities of communities thatInsecurity is attributable to certain ever, while the former surrendered are vulnerable to recurrent drought hazard andfactors including; vastness of the their arms, the Ministry of internal its effects. The target areas In Kenya arearid lands, lack of infrastructural security offered to arm the Pokot Marsabit and Samburu County and the pro-and communication development, ostensibly to defend their live- gramme was implemented in 2010 and 2011. Insecurity apparatus and political stock. Afterwards, the Pokot con- line with Cordaid implementation strategy ofpatronage, inter and intra clan dif- ducted well organised raids on the Civil Society Building, local NGOs’ includingferences and recently the climate disarmed Ilchamus and Samburu Community Development Support (CODES),change phenomenon. displacing many families and driv- Community Initiative facilitation and Assistance In development discourse, secu- ing away thousands of their herds (CIFA) Pastoralists Integrated Support pro-rity is considered the central pillar and stock. gramme (PISP) and Pastoralist Communityin the realisation of meaningful Initiative and Development Assistance (PACIDA) were engaged with closer technical accompani- april 2012 7
  • 8. r e g l a p / a c c e ss t o j u st i c e A Rayment by Cordaid team. The programme has four results whichinclude:1. Increased access to good quality water and of Hopesanitation and enhanced capacity to sustain andmaintain water supply during periods ofdrought.2. Improved management and diversification oflivelihood assets.3. Enhanced disaster preparedness and responsecapacity at the level of communities and localinstitutions4. Enhanced awareness and political and institu- Access to Justice aftertional support for Community Managed DisasterRisk Reduction. the Constitution in Highlights of achievements: Result one: over 40,000M3 of water availed marginalized areas Tthrough provision, constructions and rehabilita-tion of dams, sand dams, spring protection, he promulgation of the of non-governmental organizationsroof-catchment plastic tanks and underground new constitution brought a and their coverage is still low.Thismasonry tank. Where a facility had multiple use, lot of hope to Kenyans par- statistics shows how dire access toquality aspect for human consumption was inte- ticularly marginalized com- justice among the minorities andgrated with construction of filter wells at the munities. The judicial reforms that marginalized groups.dam sites and linking communities with the country has ben undertaking Due to these prohibitions, theseGovernment public health office to access water have been revolutionary. While marginalized communities arepurifying agents. Others include awareness on appraising these changes in policy, forced to resort to the traditionalhygiene and sanitation and strengthen the man- there are still challenges arising from systems of dispute resolution whichagement of these facilities. Borehole Rapid the same. Following this major mile- are not recognized under formal law.Response Team strengthened through training stones in just under 2 years, we have These systems are existent in almostand equipments for improved early response to to ask ourselves where minorities every Kenyan community i.e. njuribreakdown especially during drought period and indigenous communities lie as ncheke, mbai, modogashi, gadawhen the livestock population at the strategic far as access to justice is concerned. among other systems.borehole are high. Access to justice is quintessential The constitution under Article Result 2: Herd diversification from grazers to to the rule of law. The taskforce on 159however now provides an oppor-browsers (Goats and camel) were undertaken in judicial reforms in its 2010 report tunity for the use of traditional dis-both Marsabit and Moyale county with over 150 noted that communities in northern pute resolution mechanisms. Thiswomen headed/very vulnerable HH receiving Kenya have to travel over 500km to provision provides for the promotioneither 1 or 2 camel heifer or 10 goats. Support to access courts of law since most of mediation, reconciliation, arbitra-trader groups and Drylands farming to improve courts are situated in towns. District tion and other alternative disputecrop water use, disease control and management magistrate’s courts are located in resolution mechanisms. Article 67and linkage with private sector in form of skills district headquarters which are also mandates the national landtransfers and equipment support are other located far away in vast districts in commission to encourage the appli-achievements Northern Kenya, Upper Eastern and cation of traditional dispute resolu- Result 3: To improve local disaster prepared- the North Rift. tion mechanisms in solving land dis-ness and response capacity, efforts were target- Court fees are also high with and putes.ing institutional support to model CMDRR com- citizens are forced to shy away from In previous years, the problemmunities. These are a kind of learning centres courts. Considering that 60% of the has always been the implementingwhere all basic principles of CMDRR are imple- population lives in poverty, legal laws to such provisions. The situa-mented. fees are very prohibitive. This pro- tion has always been where the pro- Result 4: strengthening of local level actors hibitive costs call for the provision of cedural law does not reflect the prin-capacity on CMDRR, engagement in policy dia- a national legal aid scheme to sup- ciple intent in the substantive law.logue related to drought risk reduction and port the people who cannot access These procedural regulations haveDisaster Risk reduction in general and support to the courts. Currently, legal aid been adversely left out in the cur-the University of Nairobi to develop DRR curricu- schemes are provided by a handful rent wave of judicial reforms. Therelum.8 April 2012
  • 9. a c c e ss t o j u st i c eMen discuss to reach a verdict on conflictis need for procedural regulations for mentation of judicial decisions to mar- development programmes, promotiontraditional courts to exercise justice. ginalized communities. The of tourism among other economic ven-These traditional systems are based on Ilchamuscommunity for instance is yet tures. These ventures have infringed onthe customs of the communities. to get a constituency following a 2002 the rights of minorities and indigenousRecognition of these customary systems recommendation by the high court. The peoples on their land. In January 2012,will promote restorative justice. There is same has not been reflected in the IEBC the save Lamu Initiative filed a suitneed therefore to push for legislation to preliminary report of 2012. The high against the government opposing theimplementing laws reflecting the princi- court in another suit recommended the proposed LAPPSET project. The projectples established under the constitution. formation of a commission of inquiry will displace minority communities liv- Marginalization has led to a dearth into the Mathenge (prosopis Julie flora) ing in Lamu and stifle the biodiversityin legal services in Northern Kenya and which had caused damage to the of Lamu.other marginalized areas. Paralegal sup- Ilchamus community. This commission With the country undergoing policy,port to these communities is of the is yet to be realized.The Endorois com- constitutional and institutional reforms,utmost importance. There is need to munity too is still waiting for the gov- the ray of hope has never been bright-support this paralegal programme con- ernment to implement the ruling by the er. This current state of affairs necessi-sidering that pastoralists make up 25% African court for peoples and Human tates internal affirmative action from allof the national population and 1.7 mil- Rights (ACPHR) of 2010. The ACPHR stakeholders working with minority andlion children in pastoralist areas remain ruled in favor of the Endorois communi- indigenous communities. Minority andout of school. According to an IELRC ty who had been moved from their indigenous communities should seizereport, by 2009, there were 1000 ancestral land in Lake Bogoria. The this opportunity to make their voicestrained paralegals but were confined to court restored the social, economic and heard. This therefore calls for mobiliza-a radius of 150km from Nairobi.This will cultural rights of the community in their tion and intensive engagement with thealso include the push for a national ancestral land at Lake Bogoria. government agencies to ensure that thelegal aid scheme to assist poor and Areas inhabited by minorities and necessary policies and laws incorporatemarginalized citizens to access justice. indigenous peoples are always the sub- the views and recommendations of Of concern has also been the imple- ject of conservation programmes, minority and indigenous peoples. april 2012 9
  • 10. seeds and povertyMinding precious possessionsBill Gates, seeds aloneA reaction to Bills Gates’ article New seeds not always a solution in speculation on food - treating it as a titled “The truth about foreign arid lands commodity - prices will fluctuate widely aid” which appeared in the If we want to fight poverty and hun- and farmers will be subjected to the New York Times online ger through foreign aid, we need to whims of international traders reacting(26/01/2012) and in The International support small-scale farmers. According on market information.Herald Tribune (27/02/2012) to FAO almost 80% of undernourished Arid and semi-arid lands are less As a Belgian NGO aiming to improve people worldwide live in rural areas, suitable - and sometimes not suitable atthe well-being of disadvantaged African and most of them depend on agricul- all - for growing crops. They constitutelivestock farmers, VSF Belgium supports ture, which includes livestock keeping. 80% of the Horn of Africa; with an esti-Bill Gates’ reaction to the anti-foreign However, if we only focus on the crops, mated population of 70 million people.aid establishment that is using the we forget that more than one billion Here, herding livestock often makesreport of Oxfam and Save the Children poor people depend on livestock to pro- better technical and economic senseto argue that aid doesn’t work. vide essential nutrition and livelihoods. than growing crops. In the drylands,According to this report, emergency aid New seeds to increase crop produc- crop cultivation needs intensive irriga-in the Horn of Africa came too late, at tion will not eliminate hunger. In fact, tion, which is expensive and oftenhigh costs in terms of lives and money. hunger is caused not only by a lack of impractical - indeed wasteful of pre-In fact, prevention is always better and food availability or productivity, but cious water. And, be conscious, overcheaper than cure. We all know that also by a lack of access to food. There is 90% of the meat consumed in Easthaving a healthy life will keep diseases enough food in the world to feed every- Africa comes from pastoral herders.away and medical bills low. But that body, but poor farmers don’t have Encouraging all pastoralists to switch todoesn’t mean that we should not inter- access to it, partly due to a lack of reve- growing crops or to move to cities isfere when people are sick or dying. We nue or infrastructure. Excessive con- not realistic and may even have danger-can’t let people suffer if we can save sumption habits of rich consumers - the ous economic, social and environmentaltheir lives and the assets on which their world’s richest 20% consume 80% of consequences.livelihoods depend. available resources - industrialised agri- culture and speculation on food are Livestock is mobile, crops aren’t some of the main reasons for hunger in Pastoralists have always suffered from poor rural areas. As long as there is periods of cyclic drought, leaving out of10 April 2012
  • 11. seeds and povertywill not end poverty discussion the climate change of recent these areas are essential for feeding However, there is ample scientific evi- years. As rainfall is dispersed in time animals during periods of drought and dence that pastoralism is one of the and space, pastoralists move with their in the dry season every year, they are most sustainable ways to exploit dry- herds to find water and pasture. Areas now often converted to irrigated crop- lands. of rainfall are often found ‘only’ a few land or nature reserves or have been Taking into account the important dozen kilometres away. Thanks to monopolised by private companies or role and opportunity of pastoral live- strong traditional institutions and care- foreign governments through ‘land stock keepers for arid and semi-arid ful natural resource management, graz- grabbing’. Compounded by population lands in Africa will improve foreign aid ing areas are reserved for dry periods growth, the disputes between tribes efficiency and the global fight against so that the herds can survive. constrain the mobility of livestock keep- hunger and poverty. We don’t always Pastoralists know how to cope with ers and their access to water and pas- have to invent new technologies; facili- recurring droughts, if they have the ture. Each month, dozens of pastoralists tating traditional knowledge and local mobility to do so. They master sophisti- die as a result of armed cattle rustling, innovation combined with ‘modern’ cated production strategies that have sometimes instigated by outside agen- insights can offer sustainable solutions allowed them not only to survive during das - political or commercial. for pastoralists to cope with future chal- these harsh periods but even to pro- Unfortunately, many African and lenges. Supporting the mobility of pas- duce substantial economic value during international decision-makers do not toralists in an enabling policy environ- better times. Pastoralists move with recognise the economic role of pastoral- ment will help them to cope with cli- their herds in order to take advantage ists and do not address their needs ade- mate change and to get out of poverty. of erratic concentrations of resources quately. Pastoralists get little support, Adopted from an article by within and between years, whereas livestock trade across borders is hin- Vétérinaires Sans Frontières Belgium, obviously they would not be able to dered, veterinary services are inade- on behalf of the Coalition of European move their crop fields. quate and badly coordinated and cer- Lobbies for Eastern African Pastoralism Lack of support to pastoralists tain areas are inaccessible due to con- (CELEP): www.vsf-belgium.org / www. Over the years, pastoralists are faced flicts or inappropriately sited infrastruc- celep.info with a gradual decline in available graz- ture. Numerous African countries aim Full version of the article available at ing lands and watering areas as a result for the ‘modernisation’ of pastoral com- http://www.vsf-belgium.org/ of conversion to other uses. Although munities by encouraging them to settle. english/?lang=eng april 2012 11
  • 12. c u st o m a r y l a wRecommendations for Howto Incorporate CustomaryLand Laws Into StatuteABy hannah askew comprehensive report issued by the United Nations Food and Agricultural Organization (FAO) in 2010 on the statuto-ry recognition of customary land rightsin Africa argues persuasively that“Protecting and enforcing the landclaims of rural Africans may be bestdone by passing laws that elevate exist-ing customary land claims up intonations’ formal legal frameworks.”Based on in-depth case studies of exist-ing community land laws in threeAfrican countries (Botswana,Mozambique and Tanzania), the reportoffers a number of useful recommenda-tions for law-makers drafting legislationthat incorporates customary land tenureinto the statutory regime. The report is timely given the 2010Kenya Constitution’s recognition ofproperty rights in community-held landand the proposed Community Land Bill(currently in the drafting stage) which Proud of their culturewill define the scope of those rights. Asthe FAO report emphasizes, rather than state agencies. Customary land rights caveat that basic human rights stan-creating new legal frameworks, or should be recognized regardless of dards are observed, consistent with theadopting laws similar to those found in whether or not they have been regis- Constitution.western nations, the most effective land tered, however, the law should also pro- 3.”Provide for and encourage the cre-tenure systems are those that are based vide the opportunity to communities to ation of land natural resource manage-in the daily life and lived realities of the register their rights voluntarily and ment plans that ensure sustainability.”people to whom the legislation will according to their own need. Legislation should provide for communi-apply.The incorporation of customary 2. “Leave ‘custom’ largely undefined.” ty-based decision-making procedureslaw into statute is a complex and chal- Custom should be defined in a flexible and protocols that vest land and naturallenging task and the FAO report’s rec- way to ensure maximum inclusion and resource management decisions in theommendations are useful because they to allow for change and adaptability of communities themselves. The legisla-provide a number of helpful insights rel- customs over time. The legislation tion may also provide mechanisms toevant to the drafting of Kenya’s new should allow each community the space encourage communities to identify andCommunity Land Bill. The full report is and freedom to define its own rules and record customary land and naturallong (nearly 300 pages); however, some practices regarding lands as currently resources management practices thatof the key highlights of the report are practiced and in response to changing have proved successful in the past. Inlisted below: circumstances. Furthermore, customary the future, these practices may be con-1. “Make customary land rights equal in law should be allowed to develop slowly solidated and stored to provide a valu-weight and stature to ‘formal’ statutory and in response to changing local able national resource for environmen-land rights.” The legislation should needs, in the same way that the com- tal management.explicitly recognize customary land mon law has evolved. The development 4. “Create local land administration andrights as being equal in weight and of customary law should be allowed to management structures that come outvalidity to formal land rights granted by develop as freely as possible, with the of - and look much like- existing local12 April 2012
  • 13. c u st o m a r y l a wand customary management structures; also place the burden of enforcing wom- tion all the way to the highest court.”Theare easily established; are highly accessi- en’s land rights on local officials rather- customary and formal legal systemsble; and leverage local individuals’ inti- than on the women themselves, since it should be smoothly merged, so thatmate knowledge of local conditions.“ It may often be difficult for women to applicants do not experience a discon-is critically important to ensure that enforce their rights, especially when to nect. Appeal systems should be easilyrural community members can easily do so is contrary to community norms. accessible to the poor and customaryaccess and use the formal legal system- Additionally, legislation should require decisions should be recorded for use byif communities cannot use it, then even that the names of all spouses and higher level tribunals. Customaryif customary land claims are formally dependents be included on any formal authorities and judges should also trainrecognized by legislation, communities registration of family property. each other so that each is well-versed inwill still remain vulnerable to land spec- 10. “Establish good governance in land the rules of both systems and can applyulation by elites and investors. administration.”It is important that the and understand the rules when making5. “Locate customary land administra- laws put in place mechanisms to ensure their decisions.tion and management systems close to both upward and downward accountabil- 14.“Align legal proof of land claims withthe land and communities they govern.“ ity for customary leaders and state offi- customary practice by formalizing land-If land management systems are located cials. Examples could include legislating scape-based evidence and allowing oraltoo far from the land that they are penalties to be imposed on state officials testimony as proof of land rights. Land-empowered to administer, then they are who contravene the law’s mandates, and based evidence should be admissibleunlikely to prove either effective or effi- creating easily accessible dispute resolu- and the legal weight of public oral testi-cient. The customary authorities or bod- tion mechanisms to provide a forum for mony should be equal to that of paperies charged with the management of appeals of community land decisions. documentation and testimony undercommunity land should be local, or at 11. “Proactively address issues of political oath.least able to travel easily, so that they will.”In looking at case studies of other 15.“Legal representation should be man-can make regular visits to the communi- community land laws, the FAO report datory for communities during negotia-ties they mange. found that lack of political will was a tions concerning land-sharing agree-6. “Establish land administration and major impediment to the effective ments with investors.” Similarly, agree-management systems that are free or implementation of statutory regimes ments made with investors should beextremely low-cost for the poor.”This recognizing customary law. The drafters written down and considered to be for-should also include the provision of land of legislation should take this into mal contracts, enforceable or voidablesurveying services for free for all com- account and create context specific laws according to the rules of contract law.munities. that include mechanisms that serve to 16. “Recognize that customary rules and7.“Include accessible, pragmatic and foster and promote the political will nec- statutory laws are often not radically dif-appropriate safeguards against intra- essary for the comprehensive implemen- ferent.” Societies around the world havecommunity discrimination.” It is impor- tation of all aspects of the law to be created surprisingly similar strategies fortant that formal strategies to ensure that achieved. addressing property transactions andwomen’s and other vulnerable group’s 12. “Create powerful new roles for state relations. When examined closely, theland rights are protected within custom- officials.“In cases where the traditional differences may not be as great as peo-ary land management bodies. In order duties of state officials are devolved to ple imagine. Legislators should start byto ensure their protection, legislation customary bodies, meaningful new roles learning to understand customary lawscould create community leadership and responsibilities should be created and identifying overlapping areas thatstructures that incorporate both custom- for them. This will ensure that state offi- may be help towards devising creativeary leaders and elected members, with cials have an incentive to embrace the ways to integrate statutory and custom-women and minority groups constituting new system, rather than experience it as ary law.a mandatory percentage of the elected a loss of authority. State officials must Conclusion:members. play a role in enforcing the land rights of The question of how best to protect the8. “Explicitly and clearly protect wom- women and other vulnerable groups and land tenure security of poor and minorityen’s and other vulnerable group’s land act as a safeguard against possible abus- communities in Kenya is an urgent issueclaims and establish women’s right to es of power by customary authorities as land scarcity is intensifying.The pro-hold or own land.” It is not sufficient towards less powerful community mem- posed Community Land Bill must providefor legislation to merely proclaim that bers. State officials may also provide stronger protection for the land rights ofwomen have the right to own land. technical advice and capacity building to Indigenous and other minority communi-Rather, the legislation must address in a village-level land and resource manage- ties, and a critical step towards achievingpractical way the web of reasons due to ment bodies, assist communities in this objective is the elevation of custom-which women are not allowed to hold negotiating and enforcing contracts with ary land law into statute. The FAO’sland individually within certain custom- investors on their land, and train com- 2010 report provides useful insights onary systems (for example, the practice in munity leaders in national laws. best practices for legislation in this areasome communities of girls leaving to 13. “Establish a clear system of judicial which should provide valuable assistancejoin their husband’s communities at the appeal leading straight from the lowest for the drafters of Kenya’s forthcomingtime of marriage). Legislation should level of local customary conflict resolu- Community Land Bill. april 2012 13
  • 14. d i s a st e r m a n a g e m e n tDisaster Risk Management,Food Security andClimate Change:Policy Implications forPastoralists and Pastoralism.By safia abdi tions that are expected to deal with on a number broad based strategies inAPOLICY OPPORTUNITIES disaster risk management, food security dealing with disaster. s the country goes through and climatic change. It recognizes that disaster manage- various reforms, attention ment involves the management of both needs to be given to the The National Disaster risks and consequences of disasters policy and institutional Management Policy that would include mitigation, pre-opportunities that abound which if The drafting process for the National paredness, response and recovery andeffected will highly contribute to appro- Disaster Management started over ten calls for community involvement in pre-priate response to the stated disasters. years ago. In the years 2010/2011 the paredness programmes aimed at pro-The following is a synopsis of some policy was reviewed to align it with the tecting lives and properties.existing policies, strategies and institu- new constitution.The policy emphasizes The Policy further gives priority to14 April 2012
  • 15. d i s a st e r m a n a g e m e n tnon- structured disaster mitigation Building human capital ( education, the effects of climatic change withmeasures such as community disas- health and nutrition); Building sus- minimal adverse effects to vulnerableter preparedness training, advocacy tainable livelihoods in a context of communities such as pastoralists.and public awareness. climate change; Humanitarian relief; Food Security and While embracing scientific and Creation of effective institution Nutrition Policyresearch and application of modern and financing framework (NDMA, This policy was approved by the cabi-technology (EWS) in disaster man- NDCF) net in August 2011. The policy focusesagement, it also gives equal credence on food availability and access,to the role of indigenous knowledge National Climate Change improved nutrition for health, stabili-and coping mechanism Response strategy ty of access and improved for infor- Kenya has in place a National Climate mation on food and nutritionNational Drought Change Response Strategy Paper andManagement Authority is currently developing an operation What Pastoralists need to doThis is an authority to be charged plan for the implementation for the For the policies to be useful to pasto-with drought management gazetted strategy.The need for pastoralist ralist communities in the country, thein December 2012. The institution is communities and CSOs to effectively pastoralists communities need to becharged with taking leadership on participate in theoperalisation of this proactive in:drought related matters. strategy cannot be overemphasized. • Participating in the policy makingNairobi Strategy on Ending Draft Climate Change Bill and implementation processesDrought Emergencies This bill is currently in place fol- • Lobbying and advocating for the Kenya has developed a country lowing years of collaboration implementation of these policies.programme paper as part of theNai- between the government of Kenya • Organize ourselves to amplify therobi Strategy on Ending Drought and Civil Society Organisations and voice of their concernsEmergencies. The programme paper the input of community representa- • Monitor and evaluate the effective-will work on key areas that Peace tives across the country. The enact- ness of the implementation of theand security; Infrastructure ( roads, ment of the bill into legislation will policies and hold to account the gov-water and irrigation, and energy); pave way for effective response to ernment in this regard april 2012 15
  • 16. KPW 2011KENYA PASTORALISTS WEEK2011: Recommendationsand ResolutionsT he Kenya Pastoralists’ Week (KPW) is a multi- stakeholder partner- ship project bringingtogether an array of alliancesdrawn from individual pastoral-ists, pastoralists’ associations,government, private sector,academia and mainstream civilsociety to engage and proposesolutions to issues that affectpastoralists. A National Steering Team(NST) convened by CEMIRIDEcommenced meetings to planfor the KPW 2011 in September2011. The Steering Committeecomprised of three main organ-isations namely Centre forMinority Rights Development(CEMIRIDE), PastoralistsDevelopment Network of Kenya(PDNK) and the League ofPastoralists women of Kenya(LPWK). The NST was chairedby Hon. Abdullahi Wako whodoubles as a member of the Turkana women in a barazaPastoralists Parliamentary Group(PPG) and the CEMIRIDE Board enhance the involvement of pastoralist RESOLUTIONS ANDTreasurer. communities in the constitutional, poli- RECOMMENDATIONS FROM THE The NST worked under the guidance cy and institutional reform process and KPW 2011 EVENTSand support of a stakeholders commit- thereby uplift their social, economic, To the National Steering Committeetee comprising of grassroots community political and cultural status. The Secretariat should prepare KPWbased organisations, national non-gov- The activities scheduled for the KPW reports and disseminate these to allernmental organisations, the 2011 included zonal campaigns; 3 Days stakeholders for action. These should beGovernment of Kenya and international National Forum, Celebration of the UN accompanied with of DVD forum pro-donor organisations with a strategic World Human Rights Day, Publication of ceedingsfocus on pastoralist issues. the Pastoralists Post, 3 Days The NST should intensify and devote Each year heralds a new theme for Pastoralists’ Cultural Exhibition, Gala more time tozonal campaigns to ensureKPW, around which stakeholders build Night. This article focuses on the key effective participation by communityevidence and invent advocacy strate- recommendations made and resolutions membersgies. The theme for KPW 2011 is arrived at during the KPW 2011 activities The NST should consider holding the“Constitutional, Policy and Institutional For a full report on KPW 2011 kindly national forum at the grassroots level toReforms – Impact on Pastoralists and visit www.cemiride.org ensure increased participationPastoralism”.The overall goal was to16 April 2012
  • 17. KPW 2011 The NST should publish the achieve- Women shouldparticipate in conflict conflicts and promote peaceful co-exis-ments of the KPW forums since the resolution by disarming their husbands tence.maiden one in 2003 and sons Create and ensure structures serve The NST should increase its engage- Invite the media during cultural their intended purpose. For instance,thement, lobbying and advocacy with all events to showcase their rich and AFC should use funds granted to offsetrelevant actors to ensure the implemen- diverse cultures instead of always broad- pastoralists’ loans for the right purposetation of recommendations passed dur- casting the calamities in the region Domesticate into local legislation theing KPW activities. In tackling discrimination, pastoralists African Union Pastoralists Policy The NST should write a memorandum should begin by eliminating the discrimi- Frameworkto the Minister for Immigrations high- nation between pastoralist communities Establish a Livestock Marketinglighting the plight of marginalized com- and between clans within one community Enterprise Fund, a regional Heritagemunities in relation to citizenship rights The Government of Kenya Centre and enact a Livestockand procurement of identity documents All reforms processes should include Compensation Act To the Pastoralist Community the participation of pastoralist commu- Civil Society OrganisationsMembers nity representatives Intensive civic education to be con- Participate, monitor and report on all Individuals selected to serve in the ducted to enlighten the communities onconstitutional implementation processes National Land Commission should be their rights Influence the membership of the people with integrity and credibility and The Kenya National Human RightsNational Land Commission and other there should be no discrimination and Equality Commission should liaiseconstitutional institutions to ensure con- against pastoralist candidates with the Truth Justice and Reconciliationsiderationof their concerns Affirmative action to be undertaken Commission (TJRC) to ensure that justice Seek legal redress should the in providing additional mobile schools, is provided for in all cases historicalNational Lands Commission lack suffi- Teachers Training colleges and injustices against pastoralist communi-cient representation of pastoralists Universities to address the issue of illit- ties as reported to the TJRC by the com- Take personal responsibility in avoid- eracy. munity members.ing conflict in the region. which ham- Introduce effective methods of irriga- The Kenya National Human Rightspers government development efforts tion and tackling food insecurity and Equality Commission should expand Take advantage of the five-year peri- Improve access to justice by legally its operations to the 21 pastoral dis-od provided by the legislation on citi- adopting traditional dispute resolution tricts/counties.zenship to procure identity documents mechanisms There is need to provide support to Elect leaders of high integrity who Put in place specific legislationto pro- special scholarships for doctors, engi-will safeguard their welfare. mote culture and protect intellectual neers and economics to enable harness- Stop cultural practises that relegate property rights ing of resources in pastoralists districtssecondary status to girls and women Support and work in partnership with The Pastoralist Council of Elders Women should take up the constitu- civil society organisations to promote should be decentralised to all counties-tional leadership positions the well-being of pastoralists in contrast and that representative elders to the Youth should participate in trade fairs to frustrating their efforts council need to be elected by the com-and other forums to market their prod- Recognize, utilize and help the elders munity members. The members shoulducts and gain market linkages. They in performing their leadership duties. also include womenshould also apply forsupply tenders for Allocate representative slots at all Economic Forums should be createdcounty projects. Theyshould visit the county level communal land boards in to enable harnessing of valuableCDF to get loans from the Youth areas where pastoralists reside. resources found in pastoral areas as thisEnterprise Fund. Halt the allocation and transfer of will increase ownership and prevent Lobby their community members in a communal and pastoral land during the external actors from harnessing resourc-positions of influence to ensure their constitutional transition phase to safe- es in pastoral areas without their con-concerns are addressed in policy and guard the security of land tenure by sent or consultation.law these communities. There is need for CSOs, NGOs that Take advantage of the ease of access Provide National Land Commission have interest in pastoral issues to facili-to justice as provided by Article 48 of offices at the county level for improved tate more forums for pastoralist commu-the Constitution to seek redress for the accessibility nities to engage and articulate theirviolations of their rights Enact law to ensure that land belong- issues of concern and these organisa- Support paralegals through available ing to pastoralists is not be transferred tions should further increase their sup-resources as the paralegals provide legal to non-pastoralists port to activities that improve the wel-services that far outweigh the support Create a Ministry of Peace and fare of the communities to complementthey need. Reconciliation to cater for inter-ethnic the government’s insufficient efforts. april 2012 17
  • 18. t r a a n i t T u e k c nh c o u nc y a l‘Where does the money go?’Citizen Participation inTurkana County, Kenya‘Why should we, theTurkana people, live inso much poverty whenthere are funds to initi-ate development justlike in other parts of thecountry? The questionwe keep asking ourselvesis, where does themoney go? What can wedo about it as a com-munity?’ Mary Kakon,community social audi-tor, Turkana CentralDistrict. Turkana County on thenorthern region of Kenya,has a population of almost900,000.1It is hot and dry,and water is often scarce.It is inhabited by nomadicherders who rely on theircattle, camels, goats,sheep, and donkeys for aliving. They have learnedto live in their harsh land-scape and have a strongsense of kinship and com-munity. With 94 per cent2 ofthe population living ple in different regions, with pastoralist funds is decided by a local committeebelow the poverty line, Turkana is one areas like Turkana being among the rather than central government. Thisof the country’s poorest counties. This is poorest. It is a patriarchal society, opens up opportunities for economicpartly because the Turkana people have where the position of women lags development and improved perfor-remained marginalised in the country’s behind that of men. It comes 143 out of mance at local level. The funds includedevelopment process. And as a result, 187 on the United Nations Index of gen- those for youth, women, people withtheir access to employment and basic der inequality. And despite the 2007 disabilities, road maintenance, electrifi-services is limited. elections leading to 80 per cent of MPs cation, HIV/Aids, poverty and drought. Kenya ranks 128 out of 169 countries in Parliament being new, endemic cor- One of these, the Local Authoritiesin the 2010 Human Development ruption and significant economic and Transfer Fund (LATF), provides funds toIndex.3 As the table above shows, there social problems remain. Local Authorities to improve serviceare also huge inequalities between peo- One positive step in terms of gover- delivery to the public, to improve finan-1 009 Kenya Census nance has been the introduction of cial management and accountability and2 Ministry of Planning report, Kenya, 2008.3 Human Development Report 2010, UNDP devolved budgets, where the use of to reduce outstanding debts. Each year,18 April 2012
  • 19. T e t u r k a n a ic o u n t y c h n c a l Kenya and Turkana District1 Literacy School enrol- Households Children GDP Human (%) ment rate with no underweight Index Development (%) access to (%) index safe water (%) Kenya 71.4 70.5 43.0 20.0 0.4447 0.5608 Turkana 16.9 39.3 59.2 34.5 0.2243 0.3331 1 Kenya Human Development Report, UNDP 2009five per cent of national income tax is gration into political, social and econom- that 65 per cent of community membersallocated to the LATF. Local Authorities ic systems at community, district and in Turkana feel they do not have a roleare supposed to combine the LATF mon- national levels’. to play in ensuring public services areies with their own local revenues to The first step was to survey how properly managed.implement services and investments at much the community were aware of,local level. Another fund, the and involved in, decisions about local ‘Some projects we see here in ourConstituencies Development Fund (CDF), authority funding of community proj- village are not worth the amount ofaims to ensure that 2.5 per of govern- ects. A study was conducted of more money that we are told has beenment revenue is devolved to the constit- than 700 people in 15 locations of the spent on them. We want to makeuency for the purposes of development three administrative districts of North, sure that the individuals responsibleand poverty reduction, particularly Central and Southern Turkana. More take responsibility for their actions.through grassroots wealth creation. Both than half the respondents were women.of these funds should be used to Respondents were asked to prioritize It is simply unacceptable; peopleimprove participation and governance at local authority services. This showed cannot continue to suffer like this inlocal level. clearly that they felt their priorities were poverty’. Community member, Benard ‘We want to bring change to this Lokwamur, Community social auditor, basic practical needs such as cleanvillage. We are lacking essential Turkana Central District water, reflecting the high levels of pov-facilities like schools, hospitals and erty in the area. It was clear from these surveys thateven good roads, yet money was communities wanted to know more Next, the survey sought to under-provided by the central government about how they could participate in stand levels of community participationand it’s not being put to good use’. deciding how the funds were spent - in local authority processes. It focusedNelly Nacham, Women’s group and making sure this was done properly. on Local Authority Service Deliverymember, Loima district, Turkana So the project took time to educate com- Action Plans (LASDAP). These are sup-County. munity members on good governance, posed to be participatory planning pro- It is against this background that responsible citizenship, decentralized cesses linking locally developed plansOxfam GB-Kenya Programme, in part- funds, project identification, prioritiza- with Local Authority budgets as part ofnership with the European Commission, tion, monitoring and evaluation, and the Local Authority Transfer Fund.decided to implement the ‘Community how to engage in social auditing and Technically, communities are legallyEngagement in Good Governance’ proj- public expenditure tracking. bound to participate. However, the sur-ect in Turkana County. The project’s After each community sensitisation vey found that 82 per cent of respon-overall objective is to ensure that the session, people were given a chance to dents had never heard of LASDAP andrights of poor and marginalised men and select individuals who could be trained only five per cent had actually participat-women ‘are assured through their inte- further as social auditors. This helped to ed in meetings. Another survey showed instil a sense of commu-What are the services that local authorities should provide? nity ownership of the process. Each social audit Percentage of group had an average of Service responses (%) 10 members, generally Ensure I get clean water 78 half women and half Plan, build & maintain roads 64 men. Due to familiarity Health services, housing & schools 60 with the local set up, the members quickly identi- Promote development of markets, slaughter houses 55 fied relevant projects, as Garbage collection & environmental cleanliness 44 the example below Maintenance of sewerage system 39 shows. Enhance security 22 Provide services to prevent and fight disaster e.g fire 21 april 2012 19
  • 20. a t c T r e i c l eh 5 6 n i c a l ARTICLE 56: The Working Group for Effective Participation of Minorities and Indigenous Peoples in the Constitutional Reform Process A rticle 56 is a working the country is undertaking towards Article 56 was charged with the group comprised of implementation of the constitution. roles and responsibilities of: mainstream national and There was realization that minority • Bill tracking; this would include grassroots Civil Society and indigenous communities could coordination of information to grass- organizations focusing on minority lose out on the gains of the new roots organizations and compiling of and indigenous peoples’ rights. The constitution during the implementa- memoranda. To this effect Article 56 working group was a culmination of tion period. Minority and indigenous would engage with the Commission a two day forum organized by peoples were not being adequately on Implementation of the CEMIRIDE in January 2012 at Nakuru. represented in the national process- Constitution (CIC) at different levels. The name ‘Article 56’ is derived es that were ongoing. Further to Article 56 would liaise with the from the provision of Article 56 of this, the constitution sets out peo- Pastoralist Parliamentary Group and the constitution which provides that ples’ participation as an important other stakeholders in the policy pro- the government shall put in place national value. Participation is meant cesses through holding briefings. affirmative action programmes to ensure inclusivity and protection • Networking and coordination; the aimed at ensuring that minorities of peoples’ rights. History has shown working group would devise strate- and marginalized groups; that inclusivity and participation are gies of engagement within the net- a) Participate and are represented in best achieved when people come work and with other stakeholders governance and other spheres of life together as one, under one network. aimed at ensuring effective partici- b) Are provided special opportuni- The purpose of the forum was to pation in the ongoing constitutional ties in educational and economic ensure that minority and indigenous implementation process. fields communities are represented in the • Dissemination; the working group c) Are provided special opportunities constitution reform agenda. would ensure timely dissemination for access to employment Representation here would be of information to the various groups d) Develop their cultural values, lan- achieved by ensuring that their in the network. guages and practices views and expectations are provided • Lobbying and Advocacy at the e) Have reasonable access to water, for in the legislation to be passed national and grassroots level; this health services and infrastructure towards implementation of the con- would be conducted through CSOs The forum brought together rep- stitution. The objective of the work- at the grassroots level. Advocacy at resentatives of Minorities and indig- ing group was to come up with an the national level would be realized enous communities from across the action plan for the effective partici- through press briefings on the stand country. There were representatives pation and representation of minori- of minority and indigenous commu- from North Rift, Upper Eastern, ty and indigenous peoples (MIPs) in nities in national processes. North Eastern, South Rift and Lamu. the implementation of the constitu- • Fundraising in order to sustain the Diverse interests were represented tion. The forum was timed at a peri- operation and activities of the net- at the forum including Pastoralists, od when the country was undergo- work. Ethnic minorities, Fisher peoples, ing extensive constitutional, policy Article 56 comes at a time when Hunter gatherers, women organiza- and institutional reforms. the country is undergoing major tions, youth organizations, Persons Centre for Minority Rights constitutional reform processes. It living with disability, the donor com- Development (CEMIRIDE) would be aims at ensuring that the legislation munity and national organizations the secretariat to the working group. to be passed during the implementa- representing minority and indige- CEMIRIDE would also provide a pro- tion period contains a provision for nous peoples. gramme officer to coordinate the minority and marginalized communi- The working group was necessi- activities and operations of the ties. Perhaps, there is light at the tated by the quick pace of reforms working group. end of the tunnel.20 April 2012