The document discusses pastoralist conflicts in Kenya and their threat to realizing gains from Kenya's new constitution. It outlines some of the historical and environmental factors contributing to pastoralist conflicts, including competition over scarce resources and effects of climate change. Governance and economic development issues are also discussed as central to pastoralist conflicts. The proliferation of small arms is highlighted as an exacerbating factor, as is the lack of regional arms control. Overall, the document analyzes pastoralist conflicts as posing a major challenge to Kenya's constitutional reforms.

1. Bi l l G a t e s : S e e d s alone will not end pove r t y
Pastoralist
Post
Past o ra l i s t s We e k E d i t i o n , 2 0 1 2
Pastoralist
Conflicts
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 12
Recommendations
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 incorporation
topical issues tackled during the nation- of issues of concern to pastoralists as
al forum and is aimed at documenting well other minorities and indigenous
the 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 of
but also serves as a platform for advo- interest on subjects that have been on
cating the concerns of pastoralist com- the forefront of discussions concerning
munities 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 s
Land Reforms In Kenya and
Implications for Pastoralist
Communities in Kenya
K
By 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 fulfill
one 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 and
and 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 Land
unrelenting and protracted campaigns may include: sustainable budgetary Commission, County Land Boards and
by many stakeholders with not only support. It is the hope all stakeholders Community Land Boards. It is in the
interest in land reform but also who that this should not be a problem. crafting of these structures and their
appreciate the role that land and natu- Political goodwill is key to expeditious mandates that public participation will
ral 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 of
ents 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 factor
framework 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 are
comprise of what the content of such Participation has many dimensions; taken forward as envisaged by the key
4 April 2012

5. LAND REFORM S
principles and provisions of the National tive extension of contentious land leases infrastructure even if it has to be seen in
Land 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, no
that 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 or
therefore requires of all to effectively re-allocated to the ‘politically correct’. pre-empt damage during transition
monitor the legislative processes and Again, one might start seeing selective phase could still be envisaged and these
outcomes. This is especially true of pas- recovery of grabbed public land based may include: ensuring that officers in
toralist 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 be
that led to the dispossession of their defeat possible consequences of imple- shortened; ensuring that legislation
land 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 all
destruction 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 to
dence. 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 and
be 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 the
preserve status quo of the land situation ensure the inclusion of ‘friendly faces’ in known contentious leases to ensure no
in Kenya. There may be, for instance, new land institutions such as the underhand extensions without the
heightened 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 be
larly 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 lodge
land managers can easily tell from tional unpreparedness could perhaps be caveats or cautions to pre-empt such
empirical 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 new
of 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 S
review and or restructuring of existing
land institutions to ensure harmony
once new ones are operationalized.
One may also want to consider spe-
cific cases like the Endorois Case versus
the Kenyan state where the African
Union Commission on Human and
Peoples’ Rights (ACPHR) ruled in favour
of appropriate remedies due to viola-
tion of the Endorois community indige-
nous land rights. Obtaining remedies
for such a case is currently hampered
by a number of factors such as lack of
enabling legislation. Most of the legisla-
tions cannot respond to positively
effecting the remedies by the African
commission for instance the Trust Land
Act, Wildlife (Conservation &
Management) Act, the Land
Adjudication Act, among others.
Administrative measures could begin to
address some issues and prepare for
implementation once legal framework is
in place. Political goodwill necessary to
effecting the remedies is currently lack-
ing otherwise one could envisage a n
multi-sectoral/multi-stakeholder com-
mittee comprising all the key actors
(community, MoL, KWS, County Council
and any others) to provide leadership in
effecting the remedies
In conclusion a number of key areas
Pastoralist Conflicts;
greatest threat to
need to be fixed to ensure effective and
sustainable land reforms in Kenya.
These include improving land gover-
realisation of
nance institutions, responsive legisla-
tion and legislation stakeholder moni-
toring to inform reforms.
constitutional gains
Pastoralist communities and stake-
holders must Lobby and press for timely
and effective implementation of land
reforms as per Constitution and the
C
National 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 changes
land and access to protected areas, back to history, even prior to and subsequent unpredictability of the
water, 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 (which
In addition pastoralist communities matic conditions prevalent in the arid traditionally provided safeguards
ought 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 and
Adapted from the presentation by Ibrahim Mwathane:
Land Development and Governance Institute at the existence. resource management strategy. Rights
Kenya Pastoralists week 2011 National Forum However, certain external and inter- to pasture and water resources were
6 April 2012

7. P A S T ORALI S T CONFLIC T S / r e g l a p
traditionally communal in order to development and social economic
guarantee access to both dry and wellbeing and among pastoralists
wet season grazing which support it forms the causative aspect of
the key pillars of pastoralism, i.e. conflict. While this is an obvious
Natural Resources, Livestock and fact even to development planners
Social institutions. and implementers in Kenya the
Others include pastoralists’ cul- arid and semi arid lands security
ture and cattle raiders, the colonial issues have not been fully
legacy, government policies, and addressed by the duty bearers.
traditional and political leadership. According to security experts; the
The spiral effects of the conflicts introduction of modern arms in
are diverse affecting a big number the insecurity equation has made
of people ranging from the perpe- cattle rustling more complicated as
trators of the conflict to those who compared to the past when tradi-
can be classified as innocent tional weapons were inefficient
bystanders. The net effect of pas- and less destructive. They played a
toralist conflict is death, disability, part in determining the frequency
destruction, poverty, despondency, of raids by any group on their ene-
animosity and irreconcilable suspi- mies.
cion among pastoralists especially
in the northern and north eastern
parts of Kenya.
Proliferation of small arms
and disarmament
Drought Risk
Governance and Development
Issues of governance and econom-
The other vexing factor is the pro-
liferation of small arms through
the porous borders with Ethiopia,
Reduction
ic 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 fruits
practice. Consequences of cattle due to myriad interests and the
raids on economic development of fact that with security presence in
Kenya
pastoralists are also clear. This the pastoralist areas, most com-
conflict has scared away potential munities are hesitant to surrender
investors, undermined infrastruc- their arms to the state. This is fur-
tural development and service pro- ther compounded by the haphaz-
C
vision while at the same time driv- ard disarmament approaches
ing local communities deeper into employed by the Kenyan govern- ordaid has been implementing
the 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 for
areas especially in Samburu, was launched in Samburu and over a decade. The Drought Risk
Turkana, Pokot, Turkana, Baringo, Baringo districts after protracted Reduction Programme-3 specifically is funded
Isiolo, Marsabit among others have conflict pitting the Ilchamus and by European Commission Humanitarian Aid
been 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 to
ership induced insecurity. disarming the communities; how- increase coping capacities of communities that
Insecurity is attributable to certain ever, while the former surrendered are vulnerable to recurrent drought hazard and
factors including; vastness of the their arms, the Ministry of internal its effects. The target areas In Kenya are
arid 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. In
security apparatus and political stock. Afterwards, the Pokot con- line with Cordaid implementation strategy of
patronage, inter and intra clan dif- ducted well organised raids on the Civil Society Building, local NGOs’ including
ferences 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 Community
in 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 Ray
ment by Cordaid team.
The programme has four results which
include:
1. Increased access to good quality water and
of Hope
sanitation and enhanced capacity to sustain and
maintain water supply during periods of
drought.
2. Improved management and diversification of
livelihood assets.
3. Enhanced disaster preparedness and response
capacity at the level of communities and local
institutions
4. Enhanced awareness and political and institu-
Access to Justice after
tional support for Community Managed Disaster
Risk Reduction. the Constitution in
Highlights of achievements:
Result one: over 40,000M3 of water availed
marginalized areas
T
through provision, constructions and rehabilita-
tion of dams, sand dams, spring protection, he promulgation of the of non-governmental organizations
roof-catchment plastic tanks and underground new constitution brought a and their coverage is still low.This
masonry tank. Where a facility had multiple use, lot of hope to Kenyans par- statistics shows how dire access to
quality aspect for human consumption was inte- ticularly marginalized com- justice among the minorities and
grated 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, these
Government public health office to access water have been revolutionary. While marginalized communities are
purifying agents. Others include awareness on appraising these changes in policy, forced to resort to the traditional
hygiene and sanitation and strengthen the man- there are still challenges arising from systems of dispute resolution which
agement 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 almost
and equipments for improved early response to to ask ourselves where minorities every Kenyan community i.e. njuri
breakdown especially during drought period and indigenous communities lie as ncheke, mbai, modogashi, gada
when 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. This
women headed/very vulnerable HH receiving Kenya have to travel over 500km to provision provides for the promotion
either 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 dispute
crop water use, disease control and management magistrate’s courts are located in resolution mechanisms. Article 67
and linkage with private sector in form of skills district headquarters which are also mandates the national land
transfers 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 problem
munities. These are a kind of learning centres courts. Considering that 60% of the has always been the implementing
where 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 have
Disaster 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. There
lum.
8 April 2012

9. a c c e ss t o j u st i c e
Men discuss to reach a verdict on conflict
is need for procedural regulations for mentation of judicial decisions to mar- development programmes, promotion
traditional 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 on
the customs of the communities. to get a constituency following a 2002 the rights of minorities and indigenous
Recognition 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 suit
need therefore to push for legislation to preliminary report of 2012. The high against the government opposing the
implementing laws reflecting the princi- court in another suit recommended the proposed LAPPSET project. The project
ples 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 biodiversity
in 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 all
of the national population and 1.7 mil- Rights (ACPHR) of 2010. The ACPHR stakeholders working with minority and
lion children in pastoralist areas remain ruled in favor of the Endorois communi- indigenous communities. Minority and
out of school. According to an IELRC ty who had been moved from their indigenous communities should seize
report, by 2009, there were 1000 ancestral land in Lake Bogoria. The this opportunity to make their voices
trained 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 the
also include the push for a national ancestral land at Lake Bogoria. government agencies to ensure that the
legal aid scheme to assist poor and Areas inhabited by minorities and necessary policies and laws incorporate
marginalized 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 poverty
Minding precious possessions
Bill Gates, seeds alone
A
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 at
the well-being of disadvantaged African and most of them depend on agricul- all - for growing crops. They constitute
livestock 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 makes
report of Oxfam and Save the Children poor people depend on livestock to pro- better technical and economic sense
to 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 often
high 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, over
cheaper than cure. We all know that also by a lack of access to food. There is 90% of the meat consumed in East
having 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 to
doesn’t mean that we should not inter- access to it, partly due to a lack of reve- growing crops or to move to cities is
fere 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 environmental
their 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 of
10 April 2012

11. seeds and poverty
will 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 w
Recommendations for How
to Incorporate Customary
Land Laws Into Statute
A
By hannah askew
comprehensive report issued
by the United Nations Food
and Agricultural Organization
(FAO) in 2010 on the statuto-
ry recognition of customary land rights
in Africa argues persuasively that
“Protecting and enforcing the land
claims of rural Africans may be best
done by passing laws that elevate exist-
ing customary land claims up into
nations’ formal legal frameworks.”
Based on in-depth case studies of exist-
ing community land laws in three
African countries (Botswana,
Mozambique and Tanzania), the report
offers a number of useful recommenda-
tions for law-makers drafting legislation
that incorporates customary land tenure
into the statutory regime.
The report is timely given the 2010
Kenya Constitution’s recognition of
property rights in community-held land
and the proposed Community Land Bill
(currently in the drafting stage) which Proud of their culture
will define the scope of those rights. As
the 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 the
adopting 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 procedures
law into statute is a complex and chal- Custom should be defined in a flexible and protocols that vest land and natural
lenging task and the FAO report’s rec- way to ensure maximum inclusion and resource management decisions in the
ommendations 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 to
evant to the drafting of Kenya’s new should allow each community the space encourage communities to identify and
Community Land Bill. The full report is and freedom to define its own rules and record customary land and natural
long (nearly 300 pages); however, some practices regarding lands as currently resources management practices that
of the key highlights of the report are practiced and in response to changing have proved successful in the past. In
listed 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 and
rights as being equal in weight and of customary law should be allowed to management structures that come out
validity to formal land rights granted by develop as freely as possible, with the of - and look much like- existing local
12 April 2012

13. c u st o m a r y l a w
and customary management structures; also place the burden of enforcing wom- tion all the way to the highest court.”The
are easily established; are highly accessi- en’s land rights on local officials rather- customary and formal legal systems
ble; and leverage local individuals’ inti- than on the women themselves, since it should be smoothly merged, so that
mate 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 easily
rural community members can easily do so is contrary to community norms. accessible to the poor and customary
access and use the formal legal system- Additionally, legislation should require decisions should be recorded for use by
if communities cannot use it, then even that the names of all spouses and higher level tribunals. Customary
if customary land claims are formally dependents be included on any formal authorities and judges should also train
recognized by legislation, communities registration of family property. each other so that each is well-versed in
will still remain vulnerable to land spec- 10. “Establish good governance in land the rules of both systems and can apply
ulation by elites and investors. administration.”It is important that the and understand the rules when making
5. “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 with
the 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 oral
too 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 admissible
unlikely 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 paper
ies charged with the management of appeals of community land decisions. documentation and testimony under
community 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 be
extremely 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 voidable
surveying 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 and
7.“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 have
community discrimination.” It is impor- tation of all aspects of the law to be created surprisingly similar strategies for
tant that formal strategies to ensure that achieved. addressing property transactions and
women’s and other vulnerable group’s 12. “Create powerful new roles for state relations. When examined closely, the
land 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 by
to ensure their protection, legislation customary bodies, meaningful new roles learning to understand customary laws
could create community leadership and responsibilities should be created and identifying overlapping areas that
structures that incorporate both custom- for them. This will ensure that state offi- may be help towards devising creative
ary 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 the
8. “Explicitly and clearly protect wom- women and other vulnerable groups and land tenure security of poor and minority
en’s and other vulnerable group’s land act as a safeguard against possible abus- communities in Kenya is an urgent issue
claims 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 provide
for legislation to merely proclaim that bers. State officials may also provide stronger protection for the land rights of
women 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 achieving
practical 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’s
land individually within certain custom- investors on their land, and train com- 2010 report provides useful insights on
ary systems (for example, the practice in munity leaders in national laws. best practices for legislation in this area
some communities of girls leaving to 13. “Establish a clear system of judicial which should provide valuable assistance
join their husband’s communities at the appeal leading straight from the lowest for the drafters of Kenya’s forthcoming
time 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 t
Disaster Risk Management,
Food Security and
Climate Change:
Policy Implications for
Pastoralists and Pastoralism.
By safia abdi tions that are expected to deal with on a number broad based strategies in
A
POLICY 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 and
effected 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 to
14 April 2012

15. d i s a st e r m a n a g e m e n t
non- structured disaster mitigation Building human capital ( education, the effects of climatic change with
measures such as community disas- health and nutrition); Building sus- minimal adverse effects to vulnerable
ter 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 Policy
research 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 focuses
agement, 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 nutrition
National Drought Change Response Strategy Paper and
Management Authority is currently developing an operation What Pastoralists need to do
This 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, the
in December 2012. The institution is communities and CSOs to effectively pastoralists communities need to be
charged with taking leadership on participate in theoperalisation of this proactive in:
drought related matters. strategy cannot be overemphasized. • Participating in the policy making
Nairobi Strategy on Ending Draft Climate Change Bill and implementation processes
Drought 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 the
robi Strategy on Ending Drought and Civil Society Organisations and voice of their concerns
Emergencies. 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 the
and 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 2011
KENYA PASTORALISTS WEEK
2011: Recommendations
and Resolutions
T
he Kenya Pastoralists’
Week (KPW) is a multi-
stakeholder partner-
ship project bringing
together an array of alliances
drawn from individual pastoral-
ists, pastoralists’ associations,
government, private sector,
academia and mainstream civil
society to engage and propose
solutions to issues that affect
pastoralists.
A National Steering Team
(NST) convened by CEMIRIDE
commenced meetings to plan
for the KPW 2011 in September
2011. The Steering Committee
comprised of three main organ-
isations namely Centre for
Minority Rights Development
(CEMIRIDE), Pastoralists
Development Network of Kenya
(PDNK) and the League of
Pastoralists women of Kenya
(LPWK). The NST was chaired
by Hon. Abdullahi Wako who
doubles as a member of the
Turkana women in a baraza
Pastoralists Parliamentary Group
(PPG) and the CEMIRIDE Board enhance the involvement of pastoralist RESOLUTIONS AND
Treasurer. communities in the constitutional, poli- RECOMMENDATIONS FROM THE
The NST worked under the guidance cy and institutional reform process and KPW 2011 EVENTS
and support of a stakeholders commit- thereby uplift their social, economic, To the National Steering Committee
tee comprising of grassroots community political and cultural status. The Secretariat should prepare KPW
based organisations, national non-gov- The activities scheduled for the KPW reports and disseminate these to all
ernmental organisations, the 2011 included zonal campaigns; 3 Days stakeholders for action. These should be
Government 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 ceedings
focus 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 ensure
KPW, around which stakeholders build Night. This article focuses on the key effective participation by community
evidence and invent advocacy strate- recommendations made and resolutions members
gies. 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 to
Reforms – Impact on Pastoralists and visit www.cemiride.org ensure increased participation
Pastoralism”.The overall goal was to
16 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,the
ment, lobbying and advocacy with all events to showcase their rich and AFC should use funds granted to offset
relevant actors to ensure the implemen- diverse cultures instead of always broad- pastoralists’ loans for the right purpose
tation of recommendations passed dur- casting the calamities in the region Domesticate into local legislation the
ing KPW activities. In tackling discrimination, pastoralists African Union Pastoralists Policy
The NST should write a memorandum should begin by eliminating the discrimi- Framework
to the Minister for Immigrations high- nation between pastoralist communities Establish a Livestock Marketing
lighting the plight of marginalized com- and between clans within one community Enterprise Fund, a regional Heritage
munities in relation to citizenship rights The Government of Kenya Centre and enact a Livestock
and procurement of identity documents All reforms processes should include Compensation Act
To the Pastoralist Community the participation of pastoralist commu- Civil Society Organisations
Members 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 on
constitutional implementation processes National Land Commission should be their rights
Influence the membership of the people with integrity and credibility and The Kenya National Human Rights
National Land Commission and other there should be no discrimination and Equality Commission should liaise
constitutional institutions to ensure con- against pastoralist candidates with the Truth Justice and Reconciliation
siderationof 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 historical
National 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 Rights
pers 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 districts
secondary 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 should
ucts and gain market linkages. They in performing their leadership duties. also include women
should also apply forsupply tenders for Allocate representative slots at all Economic Forums should be created
county projects. Theyshould visit the county level communal land boards in to enable harnessing of valuable
CDF to get loans from the Youth areas where pastoralists reside. resources found in pastoral areas as this
Enterprise 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 their
violations 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 complement
they 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 in
Turkana County, Kenya
‘Why should we, the
Turkana people, live in
so much poverty when
there are funds to initi-
ate development just
like in other parts of the
country? The question
we keep asking ourselves
is, where does the
money go? What can we
do about it as a com-
munity?’ Mary Kakon,
community social audi-
tor, Turkana Central
District.
Turkana County on the
northern region of Kenya,
has a population of almost
900,000.1It is hot and dry,
and water is often scarce.
It is inhabited by nomadic
herders who rely on their
cattle, camels, goats,
sheep, and donkeys for a
living. They have learned
to live in their harsh land-
scape and have a strong
sense of kinship and com-
munity.
With 94 per cent2 of
the population living
ple in different regions, with pastoralist funds is decided by a local committee
below the poverty line, Turkana is one
areas like Turkana being among the rather than central government. This
of the country’s poorest counties. This is
poorest. It is a patriarchal society, opens up opportunities for economic
partly 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 include
development process. And as a result,
187 on the United Nations Index of gen- those for youth, women, people with
their 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 Authorities
in the 2010 Human Development ruption and significant economic and Transfer Fund (LATF), provides funds to
Index.3 As the table above shows, there social problems remain. Local Authorities to improve service
are 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 and
2 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 2009
five per cent of national income tax is gration into political, social and econom- that 65 per cent of community members
allocated to the LATF. Local Authorities ic systems at community, district and in Turkana feel they do not have a role
are supposed to combine the LATF mon- national levels’. to play in ensuring public services are
ies 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 our
Constituencies Development Fund (CDF), authority funding of community proj- village are not worth the amount of
aims to ensure that 2.5 per of govern- ects. A study was conducted of more money that we are told has been
ment revenue is devolved to the constit- than 700 people in 15 locations of the
spent on them. We want to make
uency for the purposes of development three administrative districts of North,
sure that the individuals responsible
and 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; people
improve participation and governance at local authority services. This showed cannot continue to suffer like this in
local 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 clean
village. 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 that
even 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 participation
and it’s not being put to good use’. deciding how the funds were spent -
in local authority processes. It focused
Nelly Nacham, Women’s group and making sure this was done properly.
on Local Authority Service Delivery
member, 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 plans
Oxfam GB-Kenya Programme, in part- funds, project identification, prioritiza-
with Local Authority budgets as part of
nership 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 legally
Engagement 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 and
rights 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