A/HRC/41/43/Add.2 Turkana oil exploitation 61. The Working Group visited Turkana County, where more than 80 per cent of the population living below the poverty line earn their livelihood from traditional nomadic pastoralism. A total of 700 square kilometres of the county’s community land, encroaching on nomadic pastoralist livelihoods and spiritual practices, has been licensed for oil extraction. 49 Local communities shared with the experts that they appreciated the opportunity for economic development in their region, but that oil extraction should benefit the local economy and local employment without adversely affecting their traditional livelihoods as local nomadic herders. They also expressed the need to be genuinely consulted prior to the allocation of land for oil extraction. 62. The Working Group heard from community members that the community engagement process of the company Tullow Oil had substantively improved, but that more could be done to make sure that the principle of free, prior and informed consent was respected, in accordance with the International Finance Corporation’s Performance Standards. Tullow Oil’s own human rights policy stipulates requirements for obtaining “broad community support” and “the informed agreement” of communities affected by projects. On the basis of that policy, further measures should be taken to make available transparent, proper and accessible documentation on the impact of its activities and ensure continuous engagement with interested stakeholders, including to inform them about progress made towards commitments. 50 The Working Group highlights the honest and committed engagement of the company and its willingness to address challenges to comply with human rights standards. Its recent efforts to improve its practices are encouraging steps, which should be replicated and supported by greater involvement of the local and national authorities. VIII. Other issues A. Devolution 63. The devolution process introduced by the 2010 Constitution has brought institutions closer to the people, improved access to basic services and strengthened the accountability of public institutions. However, collaboration and coordination across public institutions at all levels should be strengthened, in order to ensure policy coherence and clear allocation of responsibilities and to reinforce accountability for public decision-making processes. The oversight of businesses operating at the county level is a key area where coordination should be ensured. For example, environmental oversight, labour inspection and the management of land are national competencies, which should be better coordinated with county governments. Stronger coordination is particularly needed in remote areas, where some companies reported to operate in legal and policy uncertainty. The issue of the need for greater coordination arose during the Working Group’s visit to several different counties. 64. On the other hand, key technical competencies have been transferred to county authorities, notably the implementation of policies on natural resources and environmental conservation. There is therefore also a need to strengthen local capacities to understand the challenges and complexities of economic projects and their impacts on natural resources. B. Gender aspects 65. Numerous measures have been taken to enhance women’s participation in the public and economic spheres, which have enabled an increase in their representation in leadership 49 50 14 Food and Agriculture Organization of the United Nations, “Triggering the voluntary guidelines on the responsible governance of tenure (VGGT) in the context of oil extraction in Kenya’s Turkana County: a case study”, April 2018. Oxfam, Testing Community Consent: Tullow Oil Project in Kenya (Oxford, 2017).

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