Kenya ratified the protocol to the African Charter on the Establishment of An African Court on Human and Peoples’ Rights on the 04/02/2004 and deposited its instruments of ratification on 18/02/2005 e) Ratify the OAU Convention on Combating Corruption in Africa; Response The Government of Kenya ratified the OAU Convention on Combating Corruption in African in September 2007. f) Review its decision to close the border with Somalia and more specifically, observe the principle of non refoulment; Response As the commission is aware Kenya host about 600,000 refugees and every year a large number of Somali refugees are admitted into refugee camps in Kenya. g) Demonstrate in its next periodic report necessary measures taken to fully Implement the Robben Island Guidelines as well as the United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules). Response Please refer to the responses provided on Article 5: right to dignity, prohibition of torture and slavery. h)Delimitation of the marginalization of indigenous populations by adopting measures of affirmative action and strengthening central government services to eradicate poverty, overcome insecurity and foster development; Kenya’s new constitution provides several avenues for the protection and strengthening of indigenous peoples’ personal and collective rights. Indigenous communities issues are addressed within the purview of vulnerable and marginalized groups. The Constitution defines “Marginalized community” to mean a “……….. an indigenous community that has retained and maintained a traditional lifestyle and livelihood based on hunter or gatherer economy; or pastoral persons and communities whether they are nomadic or a settled community that because of its relative geographic isolation has experienced only marginal participation in the integrated social and economic life of Kenya as a whole.” Article 56 obligates the State to provide for adequate representation of “marginalized groups” in all levels of government, execute affirmative action on behalf of these groups, and promote the use of Indigenous languages and the free expression of traditional cultures. Article 100 of the Constitution completes provisions of Article 56 by allowing Parliament to enact laws which will help to provide clear recognition, promote and protect the interests of minority/marginalized groups which include women and youth. The Constitution provides specifically for economic, social and cultural rights. It guarantees every person the rights to: the highest attainable standard of health; accessible and adequate housing; freedom from hunger and having adequate food of acceptable quality; clean and safe water in adequate quantities; social security; and education (Article 43). It requires the State to take legislative, policy and other measures to progressively achieve the realization of those rights (Article 21). The Constitution also recognizes the rights 71