In , the Endorois won the landmark case Centre for Minority Rights Development and Minority Rights Group International (on behalf of. On 23rd and 24th April , Kenya National Commission on Human Rights ( KNCHR) joined other national human rights institutions in Africa. by Rhodri C. Williams Every now and then, a judicial decision comes along that seems to snap a fuzzy area of law into crisp focus. One such.
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The Endorois can no longer afford to wait […].
Kenya: Landmark Ruling on Indigenous Land Rights | Human Rights Watch
The Complainants argue that apart from a confrontation with the Masai over the Lake Bogoria region three hundred years ago, the Endorois have been accepted by all neighbouring tribes, including the British Crown, as bona fide owners of their land.
The judgement was a historic victory for the Ogiek, who were acknowledged as indigenous and won both compensation from the government of Kenya and the right to stay in the Mau forest. The Commission ruled on February 4, that the Endorois’ eviction from their traditional land for tourism development violated their human rights. The resultant report is a critical component in their negotiation with the government. The Endorois can no longer afford to wait […] Reply.
It also found that the Endorois had property rights over the land they traditionally occupied and used, even though the British and Kenyan authorities had denied them a formal title.
It was as moment of triumph and optimism after a gruelling fight. Charity web design from Fat Beehive. Leave a Reply Cancel reply Enter your comment here After Kenyan courts refused to address their case, they brought their case to the African Commission in Hi Rhodri, Thanks for this great article. Many thanks for your comment — and please allow me to extend an invitation to you to elaborate on this point — or anything else HLP-related — as a guest-blogger anytime on TN!
It then rejects Kenyan government objections on the basis of positive discrimination, noting that special measures in this case, recognition of collectively held indigenous land rights are not discriminatory where they serve to redress imbalances: July 7, News Release.
csae The taskforce begins a national tour this month, and the EWC plans to meet with them. The ruling was marked by a big celebration in the Endorois community on the 20th of March where the Minister of Land participated and emphasized that the government of Kenya is committed to respect and implement the ruling.
December 13, News Release.
Kenya: ruling in the Endorois case
Violations of land rights, including the rights of the generations of Kenyans displaced through historic and recent evictions, are one of the key unresolved issues in Kenya, which former United Nations Secretary-General Kofi Annan acknowledged in the aftermath of Kenya’s electoral violence in I think that MRG International will continue to be an excellent partner in pushing for implementation and would be happy to help out in any meaningful way that I can.
In Novemberthe African Commission issued a endoeois calling on the government of Kenya to take concrete steps towards implementation and to immediately file a comprehensive report on endooris with the Commission.
We are currently discussing the Endorois case and I was wondering if the situation has changed significantly since your article dated ?
This ruling is a landmark decision relating to recognition and protection of land rights of indigenous communities in Africa and the full text of the ruling can be found here. The African Commission found that the Kenyan government has continued to rely on a colonial law that prevented certain communities from holding land outright, and allowed others, such as local authorities, effectively to own their traditional land on “trust” for these Communities.
The Endorois people were evicted from endoroks traditional lands near Lake Bogoria in central Kenya in endkrois s, relocated to an area unsuitable for endoroix pastoral way of life and granted only sporadic access to sites central to their spiritual beliefs. Indigenous Endorois community’s long pursuit for The African Commission recommends that the ancestral land rights of the Endorois be recognized and restituted, that the Endorois community should rndorois unrestricted access to Lake Bogoria, that compensation should be paid to the community for all the loss suffered and that the Endorois community should receive royalties from existing economic activities.
Learn more I understand.
Latest on Endorois Case
The Minority Voices Newsroom is an online multimedia library that allows members of minority and indigenous communities to upload, download and share their stories. Sam Marigat September 26, at Yet years later, Yegon is waiting once again. Kindly shed some light on how I can join that highly esteemed school.
December 18, News Release. Posted on February 17, 25 Comments. Sorry, your blog cannot share posts by email. AfricaEndoroisKenya. Novozymes has agreed to pay royalties to KWS in exchange for exploitation of the bioenzymes found in Lake Bogoria; it is good news that KWS has offered some share of the royalties to the Endorois, but an official and consistent royalty scheme remains to be devised and implemented. December 13, Dispatches. Self-determination gets another chance TerraNullius.
The public need for a game reserve is given heightened scrutiny in light of the significance of the land to the affected community para. The African Commission had ruled in against the Kenyan government for allowing a ruby mining company to start illegal mining on another part of the Endorois’ land, severely affecting their remaining access to water. As the chair of Endorois Welfare Council, I find your articles quite informative.
Sweeter the second time around? Dear Sam, Thanks very much for your comments. Join our movement today.