Indigenous People Rights Analysis

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CHAPTER FOUR

ANALYSIS OF THE PROTECTION OF INDIGENOUS PEOPLES RIGHTS

South Africa

The analysis for this study is mainly based on the reports of the UN Special Rapporteur on Indigenous people in Kenya and South Africa and also the Forum on Indigenous Peoples’ Development Issues in Africa that was conducted on th 11th and 12th February 2013. This study shows that minorities and indigenous people are in dire need of positive action to improve their way of livelihood. Their situation has resulted from historical legal and political factors for minorities and the socially excluded, political choices remain limited by the same structures that constrain their voice in other situations. Over time, however this tends to give way to violence

Kenya

The rights of indigenous peoples are not adequately provided for in the constitution of Kenya. The constitution misses very vital provisions relating to indigenous peoples’ rights such as right to education for indigenous children. New institutions have been established such as the National Human Rights Commission, the National Gender Commission and policies such as the Economic Recovery Strategies and Governance, Justice, Law and Order Sector (GJLOS) Reform Programme.

Indigenous people remain hopeful that the state will continue to address the issue of protecting indigenous peoples’ rights and also come up with other ways of promoting these rights. The Kenya National Commission on Human Rights, in collaboration with civil society organizations, has for instance ignited debate on issues of indigenous peoples in Kenya.

A Draft Land Policy and a Draft Policy on Traditional Medicine and Medicinal Plants in Kenya are some of the efforts which if implemented would give meaning to some of the key demands and aspirations of indigenous peoples in Kenya. These efforts will yield positive results for Kenyans to appreciate the situation of indigenous peoples in the country and by extension to ensure recognition and facilitate adequate legal protection of their

The state needs to empower indigenous people by making sure that the level of poverty is decreased by introducing programmes that cold help indigenous people generate economic income and by also allowing them to participate in state affairs. The state should also ensure that indigenous children have access to free education by providing provisions that will be favorable to these group of people and their way of life. Access to higher education should be encouraged through policy and facilitated through affirmative action if necessary.

The state should defuse ethnic clashes by establishing programmes that bring different communities together. The should be more address on issues such as education, health, labor and development and intellectual property rights by the state to improve the well being of indigenous people in the country.

Indigenous women should also be recognized by the state in order to address their issues with regards to discrimination, matrimonial property and also development.

Indigenous peoples’ traditional form of government should be officially recognized and they should be represented in the national, provincial and local houses of traditional