Most indigenous peoples in Kenya live in the arid and semi-arid lands (ASALs) which include almost the majority of wildlife parks and reserves and protected forests. ASAL areas are predominantly pastoralists and agro-pastoralists, mainly suitable for livestock grazing due to low and erratic rainfall. These areas present the highest incidences of poverty (over 60 per cent of the population lives below the poverty line) and the lowest level of access to basic services in the country.
The Constitution of Kenya incorporates the principle of non-discrimination and guarantees civil and political rights, but fails to recognize economic, social and cultural rights as such, as well as group rights. Kenya has not ratified the ILO Convention No. 169 but has ratified other ILO conventions that are relevant to indigenous and tribal peoples (Conventions Nos. 111, 29 and 182). Among the challenges remains the fact that the concept of indigenous peoples has been controversial.
In KENYA IP/LED is working under the framework of a partnership between the ILO, the WIPO and the Maasai Cultural Heritage foundation (MCH), aiming at improving the Maasai community’s capacity to protect and increase ownership on their cultural heritage and natural resources. Through a market assessment study and territorial diagnosis, Laikipia Maasai map their assets and started planning a community driven development strategy.