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ACHPR Jurisprudence on Indigenous peopleACHPR Jurisprudence on Indigenous peopleTHE ENDOROIS CASE OF KENYATHE ENDOROIS CASE OF KENYA
Charles Kamuren chairmanCharles Kamuren chairman, Endorois Welfare Council, Endorois Welfare Council
The Community & Its Struggle for The Community & Its Struggle for Land & IdentityLand & Identity• Endorois is a minority indigenous community in Kenya, living around Lake Bogoria,
Baringo County.• The community is estimated to be about 60000, having been marginalized over the years
by both British Colonial and Kenya post-impendence governments. • The greater lake Bogoria area is believed to be the original home of the Community.• Land collectively held and used by the community is the most crucial material resource
and source of identity to the community.• Lake Bogoria is significant as a source of water and as the site where community carries
out its religious and cultural rituals.• Between 1974 and 1979, the Kenyan government forceful evicted the Endorois from their
ancestral land to create the world famous Lake Bogoria Game Reserve. • The consequences of this eviction devastated the Endorois’ pastoralist enterprise after
they lost thousands of their livestock owing to a lack of pasture and water. The community’s culture was also negatively affected as was the community’s access to spiritual sites, and important medicinal plants.
• Disconnected from a lake they consider sacred, and denied access to vital medicinal plants only found by the edges of the Lake Bogoria, the community’s right to life was imperilled
• It was due to the marginalization that the community filed a case first with Kenya courts in the 1990s and then with the African Commission on Human and People’s Rights, Banjul , The Gambia , in 2003, after failing to secure a favourable ruling within the Kenyan corridors of justice.
• The case was, therefore, ruled in favour of the community. The court further granted the community to recover its land grabbed by individuals/state, gain access to Lake Bogoria a place of worship / religious ground, and to take ownership and control of all its ancestral land.
Impact of Evictions-historical Connection to L. Bogoria Thwarted
• When rain clouds started swathing the dark hills, they knew it was time to move downhill-back to their ancestral home surrounding Lake Bogoria just in time for planting season and preparing their beehives.
• And at the mountain, they would have a panoramic view of their territory, which bordered Mogotio to the South, Marigat to the North, Sacho to the West and Koileken to the East.
• The members of the Endorois community would, during dry seasons, migrate up the mountain with their livestock to the plentiful pastures in the lush green forest of Mochongoi.
• But those days are no more.
Timeline of Key Milestones in the Endorois Struggle1989 – few community elites enquire from elders
on formation of Lake Bogoria Game Reserve, why forced evictions, no compensation, no revenue sharing, no employment etc
Realization that community has been connedSensitized community, petitioned governmentGov’t responds by intimidation, arrest, torture1995 – form EWC (registration denied)1998 –file 1st case high court in 1999 rule in
favour of gov’t. In 2003 resort to ACHPR, Gambia
In February 2nd 2010, The AU Heads of state summit in Addis, adopted the ruling which was in favour of the community
Community Organization: Pre-African Commission• Registered organization and owned by
Endorois Indigenous communityMission We strive to promote and facilitate
equitable distribution of resources and culturally wholesome development
1. Endorois elders council2. Religious Forum: Faith based
organizations played key role in conflict resolution and peace building among communities
3. Endorois women forum4. Endorois youth forum
Endorois Structures Post-African Commission Goal- to secure community involvement in implementationEWC established 5 committees namely, Endorois women forum Religious leaders forum Lake Bogoria management committee Compensation committee Boundary committee
-These committees are local structures that advocate for implementation of recommendations of ACHPR in the Endorois decision.-The last three committees will be directly involved in the negotiation process as they are recognised by the community. -The committee members were nominated during a meeting organised by EWC in which all the Chiefs, Assistant chiefs, Councillors and Elders from Endorois community attended. Gender, regional representation and professionalism formed the basis of choosing members of these committees
Impact of ACHPR’s Decision on Community
Positive impacts Inaugural commemorative ceremony held on 20th
March 2010, brought together the Endorois community, elders from different minority groups in Africa, civil society leaders, government officials which provided a platform to drum up support for implementation of the ruling and increased community visibility
EWC Registration Increased interest by government to fund
development projects in Endorois land e.g. CDF and LATF
Halting of mining of rubiesParliament has raised implementation issues in
one of its recent sessions
Impact Continued…Impact Continued… Negative impactsEthnic tensions with dominant
Tugen increasedEncroachment of remaining
Endorois land by other communities continued
Limited access to Lake Bogoria for grazing purposes
Government encouraging division within the community to undermine common voice
Challenges
Low capacity for Community to advocate for effective implementation due to poor levels of education
Government not willing/reluctant to address the issues beyond making political promises
Scarce resources to facilitate effective negotiation with the state
High levels of poverty in the community
Lessons LearntLessons LearntWomen were instrumental in the
struggleDiscovery of new avenues to advocate
for rights e.g. Local Courts, E.A Court of Justice, ACHPR and African Court
That at times what gov’t accepts not necessarily to be implemented
That ACHPR cases take many years and have no power to enforce their rulings
The community expectations are too much
Conclusion Conclusion Urgent need for local, regional, international
civil societies and development partners to play their role in advocating for the implementation of the ACHPR ruling
The Endorois Welfare Council require, technical and financial support to be able to implement the ruling
There is urgent need to capacity build committees that are directly involved in the implementation of the case
The Endorois community acknowledges the support given during our struggle
THANK YOUTHANK YOU
Charles Kamuren
ChairmanEndorois Welfare CouncilP.O.BOX 921-20100Nakuru, KenyaTel: 254 722 655451
Email: [email protected]
[email protected]: www.endorois.org
