A/HRC/41/43/Add.2 through the Land Act and the Community Land Act, along with the National Land Policy and the National Land Use Policy.24 24. Many business-related human rights concerns reported to the Working Group were linked to access to land and natural resources, in particular in the extractive and agriculture sectors. Root causes of abuses include slow processes of registration of land, lack of specific guidelines for the registration of community land, and flawed security of tenure. The absence of a comprehensive normative framework on eviction, resettlement and compensation calculations has caused repeated situations of social tension and unrest.25 The alleged lack of participation of affected people in these processes has placed them in an even more vulnerable situation. The Government should develop a clear legal framework on eviction, resettlement and compensation, based on the rights of affected individuals and communities, in line with general comment No. 7 of the Committee on Economic Social and Cultural Rights on forced evictions and the basic principles and guidelines on development-based evictions and displacement (A/HRC/4/18, annex I). The Working Group calls on the State to incorporate these standards into the 2012 bill on evictions and resettlement procedures and to subsequently adopt it. 25. Concerns were also raised regarding the specific situation of indigenous peoples and the absence of specific protection measures vis-à-vis their distinctive relationship with land and natural resources.26 The heightened situation of vulnerability of indigenous peoples in the context of economic development projects have led the African Commission on Human and Peoples’ Rights in 2009 and the African Court on Human and Peoples’ Rights in 2017 to condemn Kenya for having violated the rights of indigenous peoples by displacing them in the pursuit of development projects.27 The African Court on Human and Peoples’ Rights found that Kenya had failed to recognize an indigenous group as a distinct tribe, leading to the consequential violation of rights. 28 When adopting and implementing measures and tools for eviction, resettlement and compensation, specific attention should be paid to the rights of indigenous peoples and their specific protection needs. 26. The Community Land Act requires communities to register to apply for titles on community lands in order for them to have security of title and control over their land. The Act provides that an agreement related to investment in community land can be made between the investor and the community only after a free, open and consultative process. The agreement should contain provisions on continuous monitoring and evaluation of the investment impact on the community and the adoption of preventive and mitigation measures. However, no community titles have been issued so far. In the interim, therefore, unregistered community land is held in trust by county governments. 27. The National Land Commission is the public entity in charge of managing public land, including allocating public land for private investment; initiating investigations into land injustices and recommending appropriate redress; and monitoring the registration of all rights to land.29 The Working Group heard concerns regarding the failure of the National 24 25 26 27 28 29 Land Act, No. 6 of 2012; Community Land Act, No. 27 of 2016; Kenya, Ministry of Lands, Sessional Paper No. 3 of 2009 on National Land Policy (Nairobi, 2009); and Kenya, Ministry of Lands and Physical Planning, Sessional Paper No. 1 of 2017 on National Land Use Policy (Nairobi, 2017). The Land Act provides for the procedure for the compulsory acquisition of all categories of land. The Mining Act, No. 12 of 2016, allows for compulsory acquisition if consent is unreasonably withheld or the withholding of consent is considered to be contrary to the national interest. The Petroleum Act fails to require prior consent before entering privately owned land but instead required 48 hours of notice to the occupier of the land. ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169); and United Nations Declaration on the Rights of Indigenous Peoples, art. 25. The African Commission on Human and Peoples’ Rights, in its decision 276/03, found that Kenya had violated articles 1, 8, 14, 17, 21 and 22 of the African Charter on Human and Peoples’ Rights in the case of the displacement of the indigenous Endorois community from ancestral lands around the Lake Bogoria area in order to create the Lake Hannington Game Reserve. African Court on Human and Peoples’ Rights, Application No. 006/2012, Judgment, 26 May 2017, p. 65. Constitution, art. 67.2; and National Land Commission Act, No. 5 of 2012. 7