A/HRC/15/8 103.6. Support the United Nations Declaration on the Rights of Indigenous Peoples, and devote attention to the recommendations made by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples, after her visit to the country (Mexico); 103.7. Further strengthen relations with the indigenous communities with a view to promoting and protecting their rights and assisting them in their development initiatives (Malaysia). 104. With regard to recommendations in paragraph 103.1 above, Kenya indicated that the Kenyan public had overwhelmingly rejected the abolition of the death penalty for the most serious crimes. The Government, in collaboration with the Kenya National Commission on Human Rights and other stakeholders, continued to raise public awareness regarding the abolition of the death penalty. 105. With regard to recommendations in paragraph 103.2 above, Kenya wished to clarify that it did not impose the death penalty on children, and therefore there was no need for such a recommendation. Regarding the issue of an official moratorium, the position remained that elaborated under recommendation 103.1. 106. With regard to recommendations in paragraph 103.3 above, Kenya indicated that, while it was committed to preventing extrajudicial killings and ensuring compensation and justice for the families of victims through due process, it did not agree with linking that issue to the Special Rapporteur’s report, whose shortcomings had already been pointed out by the Government. 107. With regard to the recommendation in paragraph 103.4 above, Kenya indicated that the use of the term “all” was not acceptable, as it was not feasible; however, most of the recommendations of the Waki Commission Report were being implemented and aspects of the Special Rapporteur’s report had given rise to issues of concern. 108. With regard to recommendations in paragraph 103.5 above, Kenya indicated that same-sex unions were culturally unacceptable in Kenya. 109. With regard to recommendations in paragraphs 103.6 and 103.7 above, Kenya indicated that the term “indigenous peoples” was not applicable, as all Kenyans of African descent were indigenous to Kenya. However, the Government recognized the vulnerabilities of minorities/marginalized communities. 110. All conclusions and/or recommendations set out in the present report reflect the positions of the submitting State(s) and/or the State under review. They should not be construed as endorsed by the Working Group as a whole. 23

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