In a
landmark decision, an African regional body has found the Kenyan government
guilty of violating the rights of the country’s indigenous Endorois
community, by evicting them from their lands to make way for a wildlife
reserve.
The
decision, by the African Commission on Human and Peoples’ Rights, creates a
major legal precedent by recognising, for the first
time in
The
decision was adopted by the African Commission in May 2009 and approved by the
African Union at its January 2010 meeting in
“Minority
Rights Group International applauds the African Commission’s ruling on this
case. Aside from providing immediate remedy to the Endorois
community by affirming their collective right to ancestral lands, the decision
constitutes a milestone in the development of indigenous rights in
Endorois land was originally appropriated by the Kenyan
government in the 1970s to create the Lake Bogoria National Reserve.
MRG, and Kenyan NGO the Centre for Minority Rights Development (CEMIRIDE), lodged a complaint with the African Commission
in 2003, claiming that the Kenyan government had violated the African Charter
by failing to recognise and protect the Endorois’ ancestral land rights and refusing to compensate
the community adequately or grant restitution of their land.
“We are
delighted that the African Commission has recognised
the wrong that was done decades ago,” says Wilson Kipsang
Kipkazi, of the Endorois
Welfare Council (EWC). “This decision is the result
of a sustained campaign for the recognition of the Endorois
as a distinct indigenous community and the restoration of our ancestral land.”
The
historic decision comes at a time when
“This
ruling is likely to further expose the inadequacy of
In another
first for Africa, the Commission also found that in failing to provide
sufficient compensation, or provide suitable alternative land for grazing after
the eviction of the Endorois,
“This sends
a clear message that development must be equitable, non-discriminatory,
participatory, accountable and transparent”, says Cynthia Morel, who litigated
on behalf of the Endorois as former Senior Legal
Advisor to MRG, and currently works for the Open
Society Justice Initiative. “The ruling places an obligation upon States to
treat indigenous peoples as active stakeholders rather than passive
beneficiaries.”
The Endorois are a semi-nomadic indigenous community of
approximately 60,000 people, who for centuries have earned their livelihoods
from herding cattle and goats in the
When
tourists flock to the Lake Bogoria National Reserve they have little idea of
the high cost the Endorois have paid for their
eviction. The vast majority of the community live in
severe poverty, have little or no electricity, walk miles to collect water in
an area stricken by drought, and are consistently dependent on relief food.
Since the
creation of the wildlife reserve, the Endorois have
been unable to gather the plants they once relied on for medicinal purposes,
conduct religious ceremonies at their sacred sites or visit the graves of their
ancestors.
>>> Download the decision (PDF)
>>> Download CEMIRIDE
statement (PDF)
MRG would to take this opportunity to thank a number of donors who
have supported MRG and without whose help this case
would never have been brought. Those who have
contributed to the legal programme specifically include the Baring Foundation,
Interview
opportunities are available with:
·
Lucy Claridge, MRG’s
Head of Law
·
Wilson Kipsang Kipkazi,
Endorois Welfare Council
·
Korir Sing’Oei,
Co-counsel for the Endorois community and Co-founder
of CEMIRIDE
To arrange
interviews please contact MRG’s press office:
T: +44 207
422 4205
M: +44 7870 596863
E: emma.eastwood@mrgmail.org
OR
Wilson Kipkazi can be contacted on:
M: +254 721549649
E: kipkaziwk@gmail.com;endorois@yahoo.com