CENTRE FOR MINORITY RIGHTS DEVELOPMENT CONCEPT NOTE

CENTRE FOR MINORITY RIGHTS DEVELOPMENT CONCEPT NOTE TITLE: KENYA PASTORALISTS WEEK (KPW) 2011 THEME: PRESENTED BY: Constitutional, Policy and Institutional Reforms Impact On Pastoralists CENTRE FOR MINORITY RIGHTS DEVELOPMENT (CEMIRIDE) Background of the Kenya Pastoralists Week (KPW) The Kenya Pastoralists Week (KPW) is a multi-stakeholder partnership project bringing together an array of alliances drawn from individual pastoralists, pastoralists associations, government, private sector, academia and mainstream civil society. This partnership aggregates requisite resources and competencies to articulate the key challenges to pro-pastoral advocacy. This includes influencing policy on sustainable development based on principles of shared risk, cost and mutual benefit. KPW s approach lays emphasis on trust-building, mutual understanding and networking. It also focuses on uncovering underlying interests as opposed to superficial and short-term concerns. The overarching objectives of KPW are as follows: To sustain continued advocacy on the role of pastoralism not only to Kenya but also to the region s socio-economic well being. To develop partnerships and strategize for pastoral civil society engagement with governance issues, notably the constitutional review process, truth commission process and national reconciliation agenda among other national processes. Sustain linkages between the grassroots, national, regional and global initiatives in pastoral development to address human rights violations, particularly as it relates to women. Share knowledge of best practices on pastoral development while assessing the extent to which current state interventions and multilateral development programmes are impacting on pastoralists. 1

Build the capacities of pastoralists to engage in governance and economic empowerment processes. Impacts of the Kenya Pastoralists Week Meetings; Since the inaugural Kenya Pastoralists Week in 2003, major gains have been achieved in terms of effective participation and representation of the views and concerns of pastoralist peoples in local and national policy and legislative decision processes. The major impacts of the Kenya Pastoralist Week meetings have included; Better understanding and appreciation of the root causes of pastoralist conflicts by the civil society, government and practitioners. For instance, the Inter Agency Group (IAG) of NGOs working in Marsabit and Moyale, which meets regularly to review conflict situations in the two districts, was created as a resolution of the KPW. Improved partnership and fruitful interaction between pastoralists and the media as evidenced by the extensive coverage and commentaries on pastoralists issues by the mainstream media. KPW has influenced the drafting of key national policies in favour of pastoralist communities which include the National Land Policy; Policy on Sustainable Development of ASAL areas; National Policy on Peacebuilding and Conflict Management; and the National Food Policy amongst others. KPW has over the years provided a platform for the creation of effective local and regional networking by fostering contact s between CBOs, CSOs and NGOs within Kenya and across the East African Region. KPW has advocated for the constitutional entrenchment of the rights of pastoralists, as well as other minorities and indigenous peoples of Kenya. Partly due to the advocacy efforts of the KPW forum, the Constitution of Kenya now recognises indigenous communities (including pastoralists and hunter-gatherers) and provides for special rights (such as through affirmative action and the Equality Fund) to attain equality for these groups and eliminate the systemic discrimination (economic, social, cultural and political) they have continuously faced Most importantly, KPW has presented an appropriate platform for the engagement of pastoralists and their leaders to interact on their issues of concern and jointly generate solutions. This opportunity for effective participation has seen the issues of pastoralists well articulated, highlighted and attended to. The Pastoralists Parliamentary Group which advocates for and ensures legislative protection, policy development in favour of, pastoralists is an important creation of the KPW which insures adequate representation of pastoralists in national decision-making organs. KPW has been the single-most effective avenue for the highlighting of the cultural diversity of indigenous communities in Kenya. Through the cultural exhibition which runs throughout the event, the traditions, cultures and identities of pastoralist communities in Kenya have been highlighted 2

and celebrated and garnered favourable appreciation from other communities in the region. The colourful Gala Night, which is normally the closing event, also gives stage to cultural dances, traditional food and dressing of pastoralists across the East African region. KPW, in addition, gives the communities to hold to account their representatives on their efforts to uplift their standards of living. Through plenary sessions, community representatives interact with their representatives who respond to concerns raised about development efforts in their constituencies. Thematic Focus Kenya Pastoralists Week 2011 Each year heralds a new theme for KPW to be held on 30 th November and 2 nd December 2011 at the Kenyatta International Conference, around which stakeholders build evidence and invent advocacy strategies. The theme for KPW 2011 is Constitutional, Policy and Institutional Reforms Impact on Pastoralists and Pastoralism. Problem Statement: Why Focus on Constitutional, Policy and Institutional Reforms? Pastoralist communities have consistently sought to be effectively engaged in the major decisions that affect their lives. This is essential for the protection of their rights. It is in this context that we are compelled to focus on and enhance the participation and representation of pastoralist communities in discourse around the ongoing Constitutional, Policy and Institutional Reforms and thereby advance the national values and principles of democracy and participation of the people. All too often minorities become alienated from mainstream national processes because they see no role for themselves in these processes or believe that they cannot influence outcomes 1. Indeed, the common denominator among Kenya s excluded communities such as pastoralists has been poor access to resources and opportunities, insecurity of tenure and alienation from the state administration 2. Considered to occupy Arid and Semi-Arid Lands (ASALs) of low economic potential, most pastoralist communities have endured historical regional imbalances, exclusion and marginalization by the state. Since the promulgation of the constitution, numerous reform efforts have been undertaken ensure that Kenyans generally attain their socio-economic, political and cultural rights as provided for under the Bill of Rights, in Chapter Four of the Constitution. The Constitutional changes, of particular concern to pastoralists, have included the implementation of legislation on: a) Citizenship the legislative entrenchment of the right of marginalized community members to citizenship; the ease in registration; and the requirement to be treated equally 1 Minority Rights Group International (MRG) (2003), Public Participation and Minorities at p.7 2 Minority Rights Group International (MRG) and Centre for Minority Rights Development (CEMIRIDE) (2005), Kenya: Minorities, Indigenous Peoples and 3 Ethnic Diversity p.16.

b) Elections special consideration given to members of marginalized communities to ensure their participation in vying for leadership positions (such as the non-necessity of a university degree qualification) c) Political Parties particularly their need to ensure nomination of members of marginalized on the Party Lists d) The Devolved Government - the objects and principles being, amongst others, to give powers of self-governance to the people and enhance the participation of the people in the exercise of the powers of the State and in making decisions affecting them; and to protect and promote interests and rights of minorities and marginalized communities 3 Key institutions have also been established during the reforms processes. These have included: a) The Truth Justice and Reconciliation Commission 4 : whose mandate includes addressing injustices meted out to pastoralists over the years and determining appropriate, reparation, compensation, restitution and/or reconciliations measures b) National Cohesion and Integration Commission whose mandate includes addressing discrimination and marginalization issues affecting marginalized communities in Kenya such as the pastoralists, and mainstreaming their rights, interests and concerns in national issues 5 c) Kenya National Human Rights and Equality Commission- whose functions include to protect and promote respect for the human rights and develop a culture of human rights in the Republic (which will greatly benefit the marginalized communities) 6 d) Independent Electoral and Boundaries Commission which shall ensure that marginalized communities are well represented in elective positions as stipulated by the Elections Bill 7 e) National Land Commission which shall address issues of land disputes which are pertinent to pastoralist communities across Kenya 8 f) The Land and Environment Court to deal with issues touching on natural resources which are of great importance to pastoralists and other indigenous peoples 9 As the government continues to draft national policies for effective administration of its duties and responsibilities to its citizenry, certain policies remain critical to the development of and call for the attention of pastoralists across the country. These include National Land Policy; Policy on Sustainable Development of ASAL areas; National Policy on Peacebuilding and Conflict Management; National Action Plan and Policy on Human Rights; and the National Food Policy. 3 Chapter 10: Devolved Government, Article 174 (c) and (e) of the Constitution of Kenya 4 Established by the Truth Justice and Reconciliation Act, 2008 5 As per the National Integration Act of 2008 6 Article 59 (1) of the Constitution of Kenya 7 As per Article 88(4) of the Constitution of Kenya 8 As per Article 67 of the Constitution of Kenya 9 As per Article 162 (2)(b) of the Constitution of Kenya 4

Given these numerous changes in governance, justice and administrative process the country is undertaking, it is essential that the direct participation and input of pastoralist communities is acquired and that the past practice of not according them appropriate avenues for participation and representation, whether intentional or not, is prohibited. This is in line with the Constitution of Kenya which variously calls for the participation of all peoples in national decision-making processes. 10 The Kenya Pastoralists Week 2011 most importantly aims at convening pastoralists, pastoralists associations, government, private sector, academia and mainstream civil society communities to dialogue and determine the impacts that these reform processes have had on pastoralist communities. More particularly, it is expected that from the forum discussions, an evaluation will be made on the opportunities that these reforms have provided, how to tap into these opportunities, the challenges posed by the changes and how to assuage these. The forum will also provide the prospect for pastoralists to seek accountability from their representatives on the development initiatives they have undertaken on behalf of the communities in line with the reform processes. Overall goal of KPW 2011 The overall goal is to enhance the involvement of pastoralist communities in the constitutional, policy and institutional reform process and thereby uplift their social, economic, political and cultural status. Specific objectives 1. To increase awareness on the constitutional, policy and institutional reforms since the promulgation of the Constitution in 2010. 2. To identify the priority areas for pastoralist communities mainstreaming, participation and representation within the reforms agenda. 3. To devise strategies for engagement with the various organs associated with the reforms processes. 4. To promote networking and partnership between grassroots CSOs, focusing on pastoralist and other indigenous peoples issues. 5. To highlight and promote the right to culture and appreciation of the identity, traditions and heritage of pastoralists communities in Kenya in line with the Bill of Rights 10 As per Articles 2(b), 56(a), 91(e), 100118(b) 162 (2)(b) of the Constitution of Kenya 5

Activities under Objective 1 i. Zonal campaigns: The pastoralist areas covered under the KPW project are divided into four zones namely: the North Rift, South Rift, Upper Eastern and North Eastern zones. The project will see zonal campaigns take place in these areas in order to accord the communities an opportunity to hold advance discussions and debates around the reforms processes and their impacts on their communities as a way of enriching their participation and contributions during the subsequent national forum. The campaigns will be community driven and conducted at the local level with due regard made for the representation of women and the youth from the various communities. ii. 3 Days National Forum: The KPW project will convene a national forum from December 8-10, 2010 at Bomas of Kenya which will bring together at least 150 participants from the four pastoralist zones, representatives of various government ministries and state agencies, members of the Pastoralist Parliamentary Group, civil society organizations and various agencies from the private sector. In addition to allowing interaction amongst the various pastoralist communities, the forum will serve as an opportunity for the communities to dialogue with policy makers, key decision makers and other stakeholders in a manner that would effectively analyse the reforms and apprise participants on the reform procedures and processes. The forum will consist of thematic discussions guided by paper presentations from selected resource persons. To this effect, a call for thematic papers will be issued by the KPW secretariat prior to the forum targeting government officials, scholars, members of civil society, and opinion leaders actively involved in the reform processes. Aside from the paper presentations, the forum will also accord the communities opportunities to share their experiences and outline their aspirations and concerns for the ongoing reform processes. Community participation at the forum will benefit largely from a call for community/stakeholder participation issued by the KPW secretariat that will seek to ensure diverse selection of participants and the effective representation of women and the youth from various pastoralist communities. iii. Publication of the Pastoralists Post: The Pastoralist Post is a publication that coincides with every edition of KPW. The publication seeks to receive articles from opinion leaders, scholars, community representatives and persons working with pastoralists and that these articles are 6

contemporary in the face of ongoing national debates and advance the existing theme of KPW. To this end, the KPW secretariat will issue a call for submission of articles for the Pastoralist Post throughout its national, regional and international networks in order to obtain a diverse range of articles that address the issues from multiple perspectives focussing on the reforms processes and their impacts on pastoralist communities. iv. Newspaper Supplement on KPW 2011: The KPW 2010 Project will see the production of a newspaper supplement on KPW 2010 that will among other things: Offer a background of KPW, its overarching objectives and achievements thus far. Introduce the theme of KPW 2011 and explain its relevance. Give an overview of the events to take place under KPW 2010. Identify the partners involved and a brief overview of their work and competencies. The newspaper supplement will effectively advertise and attract interest in KPW 2011 at a national scale and increase participation by the wider public; this has been evident in previous editions of KPW. Activities under Objective 2 i. Desktop research on Constitutional, policy and Institutional Changes and their impacts on Pastoralists and Pastoralism: The KPW project will commission a desktop research that will seek to undertake an analysis of the constitutional, policy and institutional reforms and illuminate changes that are beneficial to pastoralists. The research will further analyze the fifth schedule of the constitution (which highlights legislation to be enacted by Parliament to give effect to various constitutional provisions) and identify the pieces of legislation that are crucial to the constitutional provisions viewed as beneficial to pastoralists. In additional, the research will give emphasis on policies necessary for the attainment of all socio-economic, cultural and political rights provided under the Bill of Rights in the Constitution of Kenya. Special attention will be focused on food security. 7 Finally the desktop research will recommend actions for advancing the interests of pastoralist communities within the various pieces of legislation and policies identified.

ii. Present the findings of the Desktop Research at the national forum of KPW 2010: The findings of the desktop research commissioned by the KPW 2010 project will be presented as a position paper at the national forum for validation and possible adoption by the forum participants with a view to enriching the discussions on strategies for effective engagement with the reform processes. iii. Publish and disseminate Desktop Research findings: The findings of the desktop research will also be published and disseminated widely to pastoralist organizations, relevant government agencies, the media and other stakeholders. It is hoped that this will enhance the discourse on the rights of pastoralist communities and the possibilities of establishing networks that advance their interests within the implementation process. Activities under Objective 3 i. Facilitate a Strategy Session: The national forum within its programme will schedule a strategy session to identify points of intervention within the reforms processes and structure a plan of action for engagement that could be adopted by the various stakeholders present with identified roles either at the national or local levels. ii. Establishing a Pastoralists Working Group on Reforms: As part of the strategy session, a working group of pastoralist organizations working on the constitution will be formed with the mandate to oversee the execution of the strategy devised in the national forum and to dialogue with the various government offices and state agencies involved in the implementation process. Activities under Objective 4 i. 4 grassroots CSOs led campaigns: In order to harness the impetus derived from the national forum, the KPW 2011 project will support the civic society organisations at the grass roots level to partner together and organize campaigns in the 4 pastoralist zones under the project. The objective of the campaigns will be to expand discourse on the resolutions arrived at during the 8 national forum for acceptance and support at the local level. The campaigns will not only increase awareness of the reforms processes at the local level but will also

promote networking and partnerships amongst stakeholders dealing with pastoralists issues. Activities under Objective 5 i. 3 Days Pastoralists Cultural Exhibition: The KPW 2011 project will also hold a 3-day exhibition at the Bomas of Kenya grounds from December 8-10 to run contemporaneously with the national forum. The objectives of the exhibition are: To promote the culture, traditions and identity of pastoralists communities by public exhibition of their products, artefacts and other cultural embodiments. To seek new markets for pastoralist products while improving existing markets. To identify gaps in the production system of pastoralist products and attract the interest of investors to bridge those gaps. To create awareness on the need for direct investments in pastoralist areas to alleviate poverty. ii. iii. Filming of Cultural Exhibition and Gala Night Traditional Dances: The filming of the cultural exhibition, including interviews with the pastoralist exhibitors, and the traditional dance presentations is intended to generate an edited film of the cultures, traditions and identities of pastoralist communities in a presentable format. The film will be presented to film festivals in Kenya, regionally and internationally with the intention of promoting the culture of pastoralists in Kenya. Gala Night: On December 2, 2011 the KPW 2011 secretariat will host a KPW 2010 Gala Night to celebrate pastoralist culture and its role in enhancing national cohesion. The gala will be characterized by an outward display of the cultural richness of pastoralist communities as exhibited through song, dance and a sample of cuisine from the various communities. The gala will further provide a forum for interaction between the pastoralist communities and the wider public and thereby enhance the prominence of pastoralists within the Kenyan fabric. iv. Celebration of the UN World Human Rights Day: 9 On 10 th December 2011, the focus KPW participants will take part in the celebration of the UN Worlds Human Rights Day with highlight to the human rights issues pertaining

to pastoralists (women, youth, children, elderly, and disabled) and other indigenous peoples in Kenya. v. Support extensive media coverage of the 4 community-led campaigns: In collaboration with other advocacy organizations and contacts within the media fraternity, the KPW 2011 project will seek to engage various media outlets to prepare news features that profile the 4 pastoralist zones under the project in relation to the implementation process and also to profile community initiatives in this regard such as the campaigns. Organization A National Steering Team (NST) consisting of representatives from pastoralist organizations and other stakeholders will be convened by CEMIRIDE starting September 2011 to oversee the execution of the entire process leading to KPW 2011. The emphasis on private-public partnerships (PPPs) will be encouraged through all the KPW 2011 processes and organs. Potential Partners The potential partners identified thus far include: the Office of the Prime Minister, Ministry of State for Development of Northern Kenya and other Arid Areas, Embassies in Kenya supporting Cultural Activities, the Ministry of Justice, Constitutional Affairs and National Cohesion, the Ministry of Tourism, the Pastoralist Parliamentary Group (PPG), Inter- Governmental Authority on Development (IGAD), the United Nations Development Programme (UNDP), the United Nations Office of the Commissioner for Human Rights (UNOHCHR), Pastoralists Development Network Kenya (PDNK), League of Pastoralists Women of Kenya (LPWK), OXFAM GB, Regional Pastoralists Learning and Advocacy Project (REGLAP), RECONCILE, Consortium for Empowerment of Marginalized Communities (CEDMAC), the Minorities Reforms Consortium (MRC), Pastoralist Development Network of Kenya, Cordaid, CAFOD, Action Aid Kenya, Practical Action etc. 10