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.
The resulting prescription is sweeping:. Forty-five delegates attended, including nineteen members of the Endorois community, nineteen members of Kenyan organisations, and seven international representatives, including the UN Special Rapporteur on the Rights of Indigenous Peoples. 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 In doing so, the Commission seemed to look at the traditional use of land and not to indigenous status.
Enter your email address to subscribe to this blog and receive notifications of new posts by email. Bret Thiele June 16, at July 7, News Release. After Kenyan courts refused to address their case, they brought their case to the African Commission in Read the full post here. It might be surmised that the Commission sensed the extent to which it was breaking new ground and took pains to ground its decision as thoroughly as possible in emerging understandings of indigenous rights.
It ordered Kenya to restore the Endorois to their historic land and to compensate them. Skip to main content.
The uprooted Endorois mobilised, but were consistently knocked back until States are under a particular obligation to protect against the displacement of indigenous peoples, minorities, peasants, pastoralists and other groups with a special dependency on and attachment to their lands.
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Kenya: ruling in the Endorois case
Kenya braces itself for elections Endoroiss. Ownership ensures that indigenous peoples can engage with the state and third parties as active stakeholders rather than as passive beneficiaries para.
Jobs, Internships and Volunteering Are you passionate about protecting the rights of minority and indigenous people worldwide? All this, and then the Commission goes on to find violations to the Endorois rights to enjoyment of their culture and development under Article This entry was posted in Uncategorized and tagged ACHPRAfricacompensationcustomary lawindigenous groupsKenyaminoritiespastoralistsrestitution.
Kenya: ruling in the Endorois case
endoroi The Endorois people were evicted from ejdorois traditional lands near Lake Bogoria in central Kenya in the s, relocated to an area unsuitable for their pastoral endoroi of life and granted only sporadic access to sites central to their spiritual beliefs. Indigenous Endorois community’s long pursuit for justice after eviction to pave way for a game reserve Author: Following the hearing endroois the WGIP meeting, the African Commission took note of the total absence of the Kenyan government from meetings devoted to the situation of the Endorois, as well as its failure to act in assessing compensation, sharing benefits or providing restitution of the land.
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. Following complaints by the Endoroisthe African Commission expressed its concern in a resolution calling on the government of Kenya and the World Heritage Committee to revise its policies to include participation by indigenous peoples through their own representatives.
Latest on Endorois Case
Along with the Endorois community, he protested the move, but was then dealt a second blow. In a nutshell, traditional possession must be recognized as title and wrongful dispossession cannot extinguish it para. 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.
Brian Pareno Solonka 30th July Its saddening how its difficult to implement international decisions on a sovereign state. The Endorois had inhabited Lake Bogoria for over years before being evicted by the government in the s.
Though faced with considerable hurdles, the Endorois continue to push for implementation. Charity web design from Fat Beehive. I ran a case casr that African Commission that has moved things forward. December 18, News Release.
Online books on land law in Africa TerraNullius. The Respondent State does not challenge those statements of the Complainants.