Education: Building Identity and Respect By Jane Meriwas Executive Director SWEEDO.

Education: Building Identity and Respect

By Jane MeriwasExecutive Director SWEEDO

Kenya – The Challenge of Respecting Indigenous People’s Rights

UNDRIP (Article 14 paragraph 2) Indigenous individuals, particularly children, have the right to all levels and forms of education of the State

without discrimination.

Background Kenya lies across the

equator in east Africa, on the coast of the Indian

Ocean and covers 582,000 Sq.

km. It is estimated that over

80% of the land is occupied bypastoralists.

•Kenya remains one of the developing countries facing significant challenges in addressing IPs situation. Though the government tried to implement far reaching initiatives through Education and Health Policies Pastoralists areas continue to lag behind and remain most vulnerable to access quality education and health facilities due to their mode of life style and absolute neglect from central government. Things like free primary education programme introduced in 2002, continue to be as low as (10%) in pastoralist’s areas especially among the nomadic pastoralist population.

• According to statistics from districts educational office school enrolment for both boys and girls in the pastoralist communities is below 20%. Factors’ contributing to low enrolment includes persistent droughts in the area, lack of schools, illiteracy of their parents, Persistent seasonal migrations with animals and extreme poverty.

•The Pastoralist are nomadic communities recognized as minorities and marginalized group in The Kenyan constitution and also in the last 2009 national population census. They have a long standing history of human rights violation in terms, of education, representation, infrastructures- lack of health amenities, inaccessible roads, schools etc.

Continuation• The pastoralism provides direct employment and

livelihoods for over 3.5 million Kenyans. Yet successive government policies which curtailed their rights to use their ancestral land have left the pastoralists marginalized forever.

 • According to the Kenya Bureau of Statistics,

pastoralists make up small percentage of Kenya's population and the group has the highest rate of poverty.

• Development in the areas where the pastoral communities live cannot be compared to the other groups. Their schools are poorly constructed and understaffed, housing is below the slums standard and sanitation conditions are worse.

Challenges facing IPs in Kenya1. InfrastructureLack of infrastructures in all areas includes government hospitals to provide maternity, clean water to lesser the distance, electricity and high learning institution etc. Inaccessibility of information such as constitution, Act of parliament, and Bills that concern IPs which are necessary for an informed citizenry acts to catalyze the deplorable state of affairs. Consequently, most pastoral IPs do not follow national debates that are in public domain, e.g. failure to interpret political waves in an election year.

2. InsecurityPastoralist’s regions are most affected by conflict in their own areas. Villages are raided, people killed and maimed, women get raped and livestock looted within the vicinity and earshot of the government security personnel.The rights to property and life are violated as for instance there is rampant cattle rustling and loss of human life. In addition, there has been harassment of the locals by security personnel in form of intimidation, habitual rape, torture and death.

3. Governance and Human rights There is poor governance as there’s lack of inclusivity in decision making and also lack of accountability in the action taken by majority in governance system (which in most case IPs are under-represented).

4. Political representationFor the last 46 yrs of Kenyan independence, there’s no single pastoral woman ever elected to parliament apart from nominated through political parties (women -2, Men elected = 24 out of 222 the current members of parliament).Political representation is essential in carrying out and implementing most development plans which in this case IPs find themselves locked out. Power is a means or a tool for implementing clear economic programmes. IPs simply lack these powers hence the local voices are suppressed and therefore marginalization is propagated.

6. Economic MarginalizationThere is inequitable resource allocation, lopsided distribution of government resources introduced during colonial times and continued to present mostly affected pastoralists communities. These discriminatory way of resource allocation leads to economic marginalization, neglect and abject poverty.Poor market for livestock products due to constraints imposed by poor physical and industrial infrastructure. Therefore the terminal market is not easily accessible.

6. EducationPastoralists’ areas are characterized by poor access to education. Despite the government’s introduction of free primary education, there still remains an all time low enrolment and high drop-out rate that stands at 40% in most districts. Most of the physical facilities are in sorrow state with dilapidated buildings, inadequate classrooms resulting to some pupils learning under the trees. The few primary schools and secondary schools in the area, lack basic learning facilities and are characterized by aggravated state of neglect thus questioning the quality of education provided by the institutions and resulting to very slim chances of the student qualifying for any universities.

Contn…• However, accessing education remains a big challenge

despite the Government’s free primary education in IPs regions. The extreme marginalization and neglect from central government has made achievement of MDGs 1-6 next to impossibility. Insecurity in prone pastoral areas is a major set back for accessibility to this fundamental right of vulnerable children who are thirsty of quality education as the central government sit and ignore all this violation of human rights .

• The IPs remains under – represented in the political arena and with the new constitution there is an aura of hope that things will change with the coming of devolved governance structure. The new dispensation gives the IPs a voice to be equally represented and also involved in key decision making within local and national level which will be strong pillars of hope for this poor and vulnerable communities that had been neglected for the past centuries.

•The IPs occupied the vast arid and semi-arid land of northern Kenya which is volatile region due to scarcity of resources available, this had lead into new development activities e.g. cattle rustling within the nomadic communities which is caused by high unemployment rate among the youth and the central government had little to prevent this activities.

•Development in the areas where the pastoral communities live cannot be compared to the other groups. Their schools are poorly constructed and understaffed, housing is below the slums standard and sanitation conditions are worse. Hence accessibility to fundamental rights and justice is very difficult due poor infrastructure of the region which leaves innocent women expose to sexual abuse and violation of their rights

•Pastoralist women face many challenges: To mention a few accessibility to quality health facilities which are done by Traditional medicine men and Traditional Birth Attendants (TBA), clean water, peace and security which are fundamental for them is a major cause of lives of this innocent women i.e. inaccessibility to maternity delivery services, outbreak of waterborne diseases which is key factor in mortality rate in indigenous communities

•The constitution provides inclusive participation approach in national development and reconstruction. This will ensure right - based development approach and equity distribution of resources and participation by marginalized groups in social and economic reconstruction for their own regions.

•However, these can only be achieved if the constitution is implemented to the latter.

Constitutional provisions relevant to the promotion of IPs in Kenya

• Article 56 attributes that at institutional level, both legal and policy frameworks should be developed for promotion of marginalized groups. The Kenyan constitution sets Devolved Government committed to protect and promote the interests of rights of minorities and marginalized communities within counties. It also provides for at least one IPs to be elected in decision making posts at all levels.

• The constitution provides affirmative action programmes and policies designed to redress any disadvantage suffered by individuals or groups because of past discrimination.

• Article 44 language and culture• Article 53 Children: Free and compulsory basic education• Article 100 promotion of representation of marginalized

groups• Africa commission sessions working group on IPs

Policies considered particularly useful in promoting and eliminating discrimination of IPsThe Affirmative action policy requires all sectors to put

in place special measures for promotion of rights IPs.Both Vision 2030 and Economic Development and

Poverty Reduction Strategy (EDPRS), respectively the long and short-term development frameworks in the northern corridor to establish road infrastructure, railways, airport.

The constitution stipulate clear policies for the development and protection of fundamental rights, culture and language of marginalized communities and pastoral women. Which need to be emphasize into practical use to benefit this IPs.

Under new dispensation it gives clear policy on how the marginalized communities will be represented through special seat in county and national assembly

RecommendationFor the IPs to enjoy the freedom the constitution gives them, they

need to be in complete control of their destiny. We recommend, the government to stop concentrating much of its revenue to high potential areas living the arid and semi-arid lands unattended. Government programmes on water, rural electrification, proper roads and credit facilities have been concentrated in the big towns where non-pastoral groups cannot access.

Political marginalization of nomadic pastoral communities is often preceded by their forcible displacement from their land and/or restrictions imposed on their movements. Setting up special mechanisms to ensure representation and a voice in governance for IPs.

ContinuationEngaging IPs in governance, development

and social-political processes at local, district, municipal, provincial and national level, ensuring their participation in democracy and advocacy.

The indigenous peoples should be consistently given high priority to equal access to quality education and their economic participation respectively.

Thank you!.