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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Create a free website or blog at WordPress. For instance, the rushed-through Kenya Wildlife Bill was published in without consultation with the Endorois. The uprooted Endorois mobilised, but were consistently knocked back until As the chair of Endorois Welfare Council, I find your articles quite informative. However, it is likely to be most interesting for the current readership in light of the approach enforois Commission takes to the right of property under Article 14 of the ACHPR — particularly in cases where it is alleged to be held collectively by an entire community.
The Endorois had inhabited Lake Bogoria for over years before being evicted by the government in the s. The author does not condone imperialist land-grabbing under cover of obscure latin phrases. Sudan found a violation of the right to property Art. Written on 08 April Yet years later, Yegon is waiting once again.
Kenya: ruling in the Endorois case
Most Shared December 14, Dispatches. A sealed copy was thereafter delivered to the Minister, but this did little to improve the situation.
Moreover, the Endorois are now working closely with the Colombian human rights group Dejusticia, which has dealt with similar cases thousands of miles cas. The Respondent State does not challenge those statements of the Complainants.
This entry was posted in Uncategorized and tagged ACHPRAfricacompensationcustomary lawindigenous groupsKenyaminoritiespastoralistsrestitution. The Minority Voices Newsroom is an online multimedia library that allows members of minority and indigenous communities to upload, download and share their stories.
Yet, steps taken by the government indicate the exact opposite and new legislation on Lake Bogoria threatens to further separate the Endorois from their land. Its saddening how its difficult to implement international decisions on endorios sovereign state.
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Enter your email address to subscribe to this blog and receive notifications of new posts by email. Home About Rhodri C. The Endorois can no longer afford to wait […]. However, the Commission also explicitly draws the consequence of the above reasoning in cases, such as the present one, where recognition has been withheld: Though faced with considerable hurdles, the Endorois continue to push for implementation.
One MP openly challenged the Minister of Lands in Parliament about this delay in January ; the official response from the Minister was that he would not be able to take any action until he received an official sealed copy of the decision — despite the fact that endorosi decision had been officially adopted and published one year earlier.
The taskforce begins a national tour this month, and the EWC plans to meet with them. This is only possible through generous donations from people like you. Kenya braces itself for elections TerraNullius.
The Endorois people were evicted from their traditional lands near Lake Bogoria in central Kenya in the s, relocated to an area unsuitable for their pastoral way of life and granted endodois sporadic access to sites central to their spiritual beliefs. Forty-five delegates attended, including nineteen members of the Endorois community, nineteen members of Kenyan organisations, and seven endoroks representatives, including the UN Special Rapporteur on the Rights of Indigenous Peoples.
Hi Bret, Many thanks for your enrorois — and please allow me to extend an invitation to you to elaborate on this point casee or anything else HLP-related — as a guest-blogger anytime on TN!
The Commission ruled on February 4, that the Endorois’ eviction from their traditional land for tourism development violated their human rights. The African Commission recommends that the Respondent State: After Kenyan courts refused to address their case, they brought their endoeois to the African Commission in 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.
Someday, none of this will be yours: There are many noteworthy features of endoris decision; not least, as Human Rights Watch notesit is the first time that any international tribunal has found a violation of the right to development. From here, the Commission asserts that mere settled possession of ancestral lands by indigenous groups rather than any showing of formal title is sufficient to trigger the state obligation to provide legal recognition.
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Kenya: ruling in the Endorois case
However, it could be of interest in the European system, particularly if the logic behind the decision survives the leap from indigenous communities few of which are recognized in Europe, the main exception being the Nordic Sami people to national minority communities; the latter are both common and recognized in Europe and share many of the key criteria discussed in the Endorois case as markers both of indigenous identity and vulnerability, such as attachment to specific traditional lands, self-identification, and historical persecution.
Email required Address never made public. You are commenting using your Twitter account. Brian Pareno Solonka 30th July Its saddening how its difficult to implement international decisions on a sovereign state. Notify me of new posts via email. Sorry, your blog cannot share posts by email. There is already some light at the end of the tannel, the people are still awaiting to benefit from the gains of the ruling.
I am currently working on a similar case involving the Ogiek community who were evicted out of the Mau Forest which happens to be their ancestral home.
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Kenya: Landmark Ruling on Indigenous Land Rights
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