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"speaker_name": "Sen. Mumma",
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"content": "Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order 52(1) to make a Statement on the indigenous people of Kenya. Kenya has a multi-ethnic population of several bands of tribes, who have resided in this country well before the arrival of the colonial government and the establishment of the Nation of Kenya, as it is known today. Article 260 of the Constitution of Kenya acknowledges that indigenous people are part of marginalized communities and that indigenous people, in the wording of this Article, include \"an indigenous community that has retained and maintained a traditional lifestyle and livelihood based on a hunter or gatherer economy.\" The phrase ‘indigenous’ has been used in different Articles of the Constitution in diverse contexts, with recognition being given to the notions of indigenous languages under Article 7; indigenous technologies under Article 11; indigenous seeds under Article 11; and, indigenous knowledge under Article 69, wherein these notions are recognized as worthy of protection. The concept of “indigenous peoples”, however, does not have a universal meaning and is considered differently in different jurisdictions. International and regional treaties such as the United Nations Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic Social and Cultural Rights (ICESCR), and the African Charter on Human and Peoples' Rights (ACHPR) have not defined this concept nor uniformly used it, but sought to clarify the concept through committees and working groups. Mr. Speaker, Sir, it is concerning that successive Governments of Kenya, including the current Executive, continue to send mixed signals on the subject of indigenous peoples'. The phrase is casually and selectively used depending on the context, as was the case in the recent recognition of the indigenous peoples, during the recently concluded Climate Action Summit in Nairobi. However, none of the successive Executive Orders have assigned functions to any Ministry and State Departments on this mandate that deals with indigenous peoples. The Kenyan Government has previously portrayed reluctance in the recognition of indigenous persons, as was the case in the State's submissions in the matter of the Endorois Community before the African Commission on Human and Peoples Rights and The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard Services,Senate."
}