THE IMPLEMENTATION OF INDIGENOUS PEOPLES' RIGHTS AT DOMESTIC LEVEL

With the development and recognition of indigenous peoples' rights at international level, it would be presumed that indigenous peoples enjoy the same rights at domestic level. However, this is not the case. To prove this, this research focuses on the Republic of Kenya where indigenous peoples' rights are not respected in law and in practice particularly with regard to their land rights. Therefore, the discussions herein will look at the effectiveness of Kenya's legal framework in protecting indigenous peoples' land rights. In addition, this research will examine the ways in which the Kenyan government engages in anti-indigenous practices which are contrary to the law. By examining both the legal framework as well as state practice in relation to the plight of indigenous peoples, this work concludes by offering recommendations to the Kenyan government on ways it can implement indigenous peoples' land rights at domestic level.

Autorentext

La Sra. Gumato Bonaya es licenciada en Derecho (LLB) por la Universidad de Strathmore, en Kenia, y tiene un máster en Derecho Internacional (LLM) por la Universidad de Bristol, en el Reino Unido.

Klappentext

With the development and recognition of indigenous peoples' rights at international level, it would be presumed that indigenous peoples enjoy the same rights at domestic level. However, this is not the case. To prove this, this research focuses on the Republic of Kenya where indigenous peoples' rights are not respected in law and in practice particularly with regard to their land rights. Therefore, the discussions herein will look at the effectiveness of Kenya's legal framework in protecting indigenous peoples' land rights. In addition, this research will examine the ways in which the Kenyan government engages in anti-indigenous practices which are contrary to the law. By examining both the legal framework as well as state practice in relation to the plight of indigenous peoples, this work concludes by offering recommendations to the Kenyan government on ways it can implement indigenous peoples' land rights at domestic level.