30. Harmful cultural and traditional practices which continue to restrict Kenyan
women and children from fully enjoying their rights.
31. Lack of knowledge by the majority of the population about regional and
international human rights instruments ratified by Kenya which restricts the
effective enjoyment of human rights in the country.
IV.
Areas of Concern
32. While acknowledging the significant efforts made by the Government of Kenya to
promote and protect human rights, the Commission is however concerned about
the following matters:
Reporting Obligations and Cooperation with the Commission
33. The Commission appreciates Kenya’s response to its recommendations in Kenya’s
Initial Periodic Report of 2007. It however notes that, the current Report does not
provide specific and comprehensive answers to some of the questions and issues
raised by the Commission.
34. The Report does not for instance, provide comprehensive disaggregated data,
including gender disaggregated data on its implementation of the rights
guaranteed in the African Charter in order to allow the Commission to objectively
assess Kenya’s level of compliance vis-à-vis the obligations contained in the African
Charter.
Ratification of Regional/International Human Rights Instruments
35. Kenya has not ratified the following human rights instruments:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
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The African Union Convention for the Protection and Assistance of Internally
Displaced Persons in Africa (the Kampala Convention);
The African Charter on Democracy, Elections and Governance;
The Protocol on the Statute of the African Court of Justice and Human Rights.
The African Union Convention on the Elimination of Mercenaries in Africa;
International Convention on the Protection of the Rights of all Migrant Workers
and Members of their Families;
The Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman and Degrading Treatment or Punishment (OPCAT);
The Optional Protocol to the Convention on the Rights of Persons with
Disabilities; and
The Optional Protocol to the International Covenant on Economic, Social and
Cultural Rights.