2007 CONCLUDING RECOMMENDATIONS OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLE’S RIGHT In this part of the Report the State party presents information to the 2007 Concluding observations of the African Commission on the Human and Peoples’ Rights. a) Domesticate the African Charter and other instruments it ratified as this exercise would enable the Country to take necessary measures to implement and take concrete actions to give effect to the provisions of the African Charter; Response: The Constitution of Kenya was promulgated in 2010 and largely reflects the rights and freedoms enshrined in the Charter. Indeed, the Constitution also specifies that conventions and treaties ratified by Kenya automatically become part of Kenyan law (Article 2 (6). This means that the African Charter is now part of the laws of Kenya and makes it easier for right holders to seek remedies for the violation of rights. The Government of Kenya is required by constitutional imperatives to enact various laws to implement its obligation within a period of 5 years. Some of the legislation already enacted and whose implementation would promote and protect the rights in the Charter are attached as an annexe to this report. Other policy and administrative measures taken, since the last report, to implement the Charter’s provisions, include: i. ii. iii. iv. v. The development of a National Policy an Action Plan on Human Rights to provide a comprehensive and coherent framework for the promotion and protection of human rights. A National Land Policy to provide a framework within which land disputes and historical injustices relating to land will be addressed. The policy recognizes the vulnerability of minority and marginalized groups and provides for collective land rights and a de-centralized land governance structure. The National Policy on the Abandonment of Female Genital Mutilation. Other important policies include: the draft National Legal Aid Policy, The Bail information and Supervision Policy and the draft National Refugee Policy. The mainstreaming of gender, disability issues in all government departments. Kenya National HIV and AIDS Strategic Plan of 2009/10 – 2012/13: lays out strategies for achieving universal access to essential services for HIV prevention, treatment, care and support using a number of various approaches. b) Deposit the instruments of ratification of the Protocol to the African Charter on the rights of women in Africa Response: Kenya ratified the Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa on the 6th October, 2010. 69