The Requesters alleged adverse impact on the Cherangany community from the projects. They claimed that the non-recognition of their community as indigenous in project documents and during implementation of the projects has led to a community and territorial identity crisis and has increased discrimination through tribalism. The Requesters also alleged that both projects target “a very small section of the IPs [indigenous peoples] and leave out the more vulnerable and marginalized of them” in terms of benefits and decision-making. They further claimed that consultations excluded them and their indigenous peoples’ organizations, and added that KSCAP’s sub-projects do not benefit their communities.
The Panel issued a Notice of Non-Registration on August 10, 2021.
In its Notice of Non-Registration, the Panel determined that for KCSAP the Requesters raised similar concerns to those raised in a complaint that was submitted but not registered in 2019 and provided no new evidence to alter the Panel’s earlier decision. With regard to SEQIP, the Panel understands that the community’s concerns about lack of consultation and lack of mention in project documents have now been addressed.
