A/HRC/19/70
that the Endorois benefit from employment possibilities within the reserve; and (c) to
engage in dialogue with the complainants for the effective implementation of these
recommendations.
22. Paul Kipyegen Chepsoi, Endorois Welfare Council, speaking on the realization of
social justice, human rights and access to basic education, noted the challenges to minority
rights protection. He particularly highlighted the importance of recognition as a minority
group for effective protection of minority rights and referred to legislative developments in
Kenya in that regard. To better protect minority rights, he recommended: legal recognition
of minorities; strengthening the capacity of minorities and of staff working with minority
communities on indigenous issues; ensuring access to basic education for minorities;
improving health-care services; paying special attention to children with disabilities;
providing employment opportunities to the youth; and ensuring security of all in conflictprone zones.
23. Lucy Claridge, Head of Law, Minorities Rights Group International, speaking on
litigating the right to development, elaborated in detail on the aforementioned decision of
the African Commission on Human and Peoples’ Rights, which had established a violation
of the right to development. The decision made clear that both substantive and procedural
requirements, if violated, constituted a violation of the right to development. The decision
found that five criteria must be fulfilled for a process to meet the requirements of the right
to development: it must be an equitable, non-discriminatory, participatory, accountable and
transparent process, with equity and choice as overarching themes. The decision further
clarified that the right to development, under the African Charter of Human and Peoples’
Rights, was justiciable; clarified the duty of the nation State; specified that development
was not just economic and not just national development; put emphasis on the process as
well as the outcome, with a particular emphasis on participation; and underlined the
importance of choice and well-being. Ms. Claridge recommended invoking the right to
development more routinely. She also underlined the duties of non-State actors, in particular
business companies with regard to the respect of the right to development of indigenous
peoples.
24. Miloon Kothari, Director, Housing and Land Rights Network, speaking on land
eviction and the right to development, focused on market-based evictions, their causes and
common features. Those evicted were not usually given prior notice and evictions were
undertaken without consultations and sharing of relevant information; there was no
participatory decision-making process, there was lack of housing alternatives and excessive
force was used while carrying out these evictions. He called attention on the lack of public
outrage vis-à-vis such evictions. He also drew attention to “mega-energy” corridors, which
were in blatant violation of the right to development. Alarmingly, Governments invoked the
right to development and MDG 7 to justify evictions. The use of “public interest” for
justifying evictions should be challenged and speculation in land and real estate stopped;
more broadly, what is at its root, neoliberal economic policies should be challenged.
25. Bret Thiele, Co-executive Director, Global Initiative for Economic, Social and
Cultural Rights, emphasized how strategic litigation and other forms of legal advocacy
could support the human rights-based approach to development, which also provided the
means by which rights-holders could shape jurisprudence from the perspective of
marginalized or vulnerable groups and thus help define human rights standards and hold
actors accountable. He recommended increasing the use of legal advocacy; supporting
universal ratification of international human rights treaties, especially the Optional Protocol
to the International Covenant on Economic, Social and Cultural Rights; and finding ways to
better utilize the treaty bodies. As concerned the post-2015 MDG framework, Mr. Thiele
suggested that, in order to truly promote the right to development, it was necessary to
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