Concluding observations on the combined third to fifth periodic reports of Kenya

Children belonging to indigenous groups
67. The Committee is concerned about evictions of indigenous peoples from their lands under the pretext of national development and resource conservation, which have resulted in serious violations of the rights of indigenous children, aggravated by poverty, insecurity and conflict among indigenous communities.

68. With reference to the Committee’s general comment No. 11 (2009) on indigenous children and their rights under the Convention, the Committee urges the State party to:

• (a) Enact law to operationalize article 63 of the Constitution (2010) which recognizes community land, including ancestral lands and lands traditionally occupied by hunter-gatherer communities;
• (b) Prevent evictions and displacement of indigenous peoples, including pastoralists, hunger-gatherers and forest people, and provide redress to those evicted or displaced from their lands;
• (c) Put in place measures for early detection and timely interventions in cases of conflict in areas occupied by indigenous peoples, through peaceful dispute resolution measures and addressing the root causes of these conflicts;
• (d) Consult and cooperate in good faith with the indigenous peoples concerned, including indigenous children,in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them, and provide effective remedies in cases of violation of their rights;
• (e) Consider ratifying the ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169) and formally endorse the United Nations Declaration on the Rights of Indigenous Peoples