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Kenya has signed several
international treaties and declarations but is not fulfilling
the obligations set forth. In this final part we look at the several
clauses that Kenya has flouted. We have put the relevant statutes
at the appendix as an annex. Similarly we have published the African
Charter in its entirety hoping that it will give the
Top among them, Kenya
is a signatory to the International Covenant on Civil and Political
Rights (ICCPR) which is a legally binding covenant. Article 27
of the said Covenant states:
"In those States
in which ethnic, religious or linguistic minorities exists, persons
belonging to such minorities shall not be denied the right in
community with the other members of their group, to enjoy their
own culture, to profess and practice their own religion, or to
use their own language".
The Covenant thus grants
persons belonging to the minority the right to preserve characteristics
which they wish to maintain and develop. The United Nations High
Commissioner for Human Rights (UNHCR) has made it clear that the
applicability of article 27 "is not subject to official recognition
of a minority by a state".
States that have ratified
the above Convention are thus obliged to ensure that all individuals
under their jurisdiction enjoy their rights and this may require
specific action to correct inequalities to which minorities are
subjected.
United Nations clauses
accord minorities, such as the Ogieks, special rights. These special
rights are not privileges but are normally granted to make it
possible for minorities to preserve their identity, characteristics
and traditions.
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