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Kenya Delivers Constitutional
Betrayal of Minority and Indigenous Peoples
Minority
Rights Group International (London)
PRESS
RELEASE
September 6, 2005
Posted to the web September 6, 2005
The Kenyan government has reneged
on previous promises and removed all references to marginalized groups,
minorities, pastoralists and hunter-gatherers from the proposed new Kenyan
constitution document. Important gains for Kenya's poorest and most vulnerable
peoples achieved during a three year constitutional review process have now
been stripped from the document leaving them furious and betrayed.
Representatives of minority and
marginalized groups called for the reinstatement of important provisions and
warned that they would refuse to be governed by the present constitution if
enacted. They have threatened to vote 'NO' in a referendum planned for
November and have asked how their communities can recognize or be bound by the
outcome of a 'fraudulent' process. Unrest flared in Nairobi in July when
Parliament amended the draft document to ensure that extensive executive
powers remained in the hands of president Mwai Kibaki. Kenyan rights groups
see this as undermining the pursuit of equality, social justice and
participatory democracy.
References to minority and
indigenous groups have been removed from provisions that had previously
satisfied their demands for recognition of their identity and rights in
chapters on values and principles of nationhood, a bill of rights,
representation of the people, and devolution of power. The Centre for Minority
Rights and Development (CEMIRIDE) had previously welcomed provisions that, if
implemented, would have promoted their rights, including through affirmative
action programmes. Land rights protection and clear anti-discrimination
provisions allowing full participation in public, economic and social affairs
have all been removed despite previous guarantees.
A joint statement signed by
representatives of Kenya's minorities and marginalized groups stated: "While
a good constitution should be a bastion for the marginalized, vulnerable and
the weak, this proposed new constitution ensures that the lot of the poor
remains unrecognized and further exposed to the whims and machinations of the
mighty".
A 2005 report by Minority Rights
Group International (MRG) and CEMIRIDE, Kenya: Minorities, Indigenous Peoples
and Ethnic Diversity demonstrates the growing inequalities between communities
and the intolerable situation faced by some communities including the Turkana,
the Endorois and the Ogiek. They are often unable to gain access to resources
and opportunities, cannot own land and are the frequent victims of development
policies. Minority Rights Group International supports the call of Kenyan
human and minority rights groups and communities for the Kenyan government to
halt the planned November referendum process, establish a national platform to
urgently review amendments and resolve potential conflicts, and to reinstate
all provisions relating to the protection of minorities and marginalized
groups.
Read
the full report
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