iii. although the Government has done a commendable work in ensuring the political participation of indigenous peoples in various organs of the Government, smaller indigenous groups such as the Ogiek of Mount Elgon, Ilchamus, and Emolo still lack formal representation and participation in the political affairs of the State. Prohibition of Torture and Ill-treatment 48. The Commission is concerned that: i. ii. iii. the State has still not enacted the Prevention of Torture Bill (2014), initially Bill (2011); there is no data in the Report in respect of the numbers of victims of torture in the country; and the Government has not implemented decisions of the high court to compensate victims and survivors of torture Extractive Industries and Environment 49. The Commission is concerned that: i. ii. V. although the Mining Bill provides a framework for recognition, operations and regulation of artisanal miners, artisanal mining is considered illegal under the current Mining Law; and illegal mining activities with seizures of illegal consignments of minerals; illegal mining and exports of gemstones, gold, copper and manganese from the country continue to take place due to loopholes in law, regulations and poor enforcement regimes, in addition to the fact that penalty under the existing law is too weak to deter these activities. Recommendations 50. In view of the foregoing, the Commission makes the following recommendations to the Government of Kenya: Reporting Obligations 51. Kenya should ensure it complies with its obligations under Article 62 of the African Charter by implementing these recommendations. Ratification of Regional/International Human Rights Instruments 52. Kenya should make a declaration under Article 34(6) of the Court Protocol and ratify the following human rights instruments: 14 | P a g e