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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