endorois and their land
TRANSCRIPT
-
7/28/2019 Endorois and Their Land
1/21
A PEOPLE AND THEIR LAND
THE CASE STUDY ON ENDOROIS EXPERIENCE AT ACOMMUNITY LAND LAW CONFERENCE AT BOMA
HOTEL, NAIROBI-KENYA (JUNE 6 7TH, 2013)
BY
Wilson K. Kipkazi
The Programmes Coordinator
Endorois Welfare Council
P.O.Box 921-20100
Tel: 254721549649
Email:[email protected]
-
7/28/2019 Endorois and Their Land
2/21
THE ENDOROIS PEOPLE
-
7/28/2019 Endorois and Their Land
3/21
THE ENDOROIS MORANS DURING CELEBRATIONS
-
7/28/2019 Endorois and Their Land
4/21
ENDOROIS WOMEN DURING CELEBRATIONS
-
7/28/2019 Endorois and Their Land
5/21
Introduction
The Endorois are a distinct Kalenjin speaking
community, and the original inhabitants of
Lake Bogoria area within Kenyas Rift valley
province
The community numbers approximately over
60000 people
They are pastoralist life style practitioners in
this location since time immemorial
-
7/28/2019 Endorois and Their Land
6/21
Introduction
Endorois depend upon livestock for survival,
grazing their livestock around Lake Bogoria
and Mochongoi highlands
Lake Bogoria is integral to the religious and
cultural practices of the community
The Endorois conception of self are bound up
with lake Bogoria territory and livestock
ownership
-
7/28/2019 Endorois and Their Land
7/21
Introduction
Disconnected from these factors, their dignity
and collective survival from social and
psychological and material are put at risk
The attempt to recreate an exotic state of
wild and freshness of natures beauty for
the enjoyment of international and national
tourist visitors brought the annexation of
Endorois territory
-
7/28/2019 Endorois and Their Land
8/21
Community Land Rights
The colonial administration in collaborationwith our ancestors established Endoroisboundaries in 1895
The Endorois have lived in a symbiotic
relationship with the wild life in their ancestrallands without conflict
The area is home to a million plus flamingos
and a rare greater Kudu The area is home to a variety of traditional
herbs used by Endorois for treatment
-
7/28/2019 Endorois and Their Land
9/21
Land Rights
There are several revered or spiritual sites of
the Lake famous for Endorois traditional
ceremonies
The community had advantage of fresh water
sources from springs and streams flowing into
Lake Bogoria
The community bee hives kept around Lake
Bogoria, for honey harvesting
-
7/28/2019 Endorois and Their Land
10/21
A VIEW OF LAKE BOGORIA
-
7/28/2019 Endorois and Their Land
11/21
WILD OSTRICHES OF LAKE BOGORIA
-
7/28/2019 Endorois and Their Land
12/21
THE GREATER KUDU(A RARE SPECIES)
-
7/28/2019 Endorois and Their Land
13/21
ENDOROIS DISPOSSESSION
Endorois evicted from ancestral land in
1973 to create the Lake Bogoria GameReserve
Compensation was promised butminimal levels given
Received no benefit from tourism in thegame reserve nor from ruby miningactivities
Marginalization of Endorois at all levels
-
7/28/2019 Endorois and Their Land
14/21
THE LOST RIGHTS
The loss of abundant pastures
Lost large number of livestock The communitys nomadic pastoralism
restricted & curtailed
Commissions & Omissions of the state has leftmajority being illiterate beyond the salvage ofadult literacy programmes
Failure by the state to provide infrastructure in
areas where Endorois occupy presently
The Endorois women depend on traditionalmidwives due to lack of maternity facilities
-
7/28/2019 Endorois and Their Land
15/21
THE LOST RIGHTS
The government failed to provide
clean water using revenue collected
Freedom of expression curtailed to
silence human rights activists anddefenders
Divide and rule principle was applied
-
7/28/2019 Endorois and Their Land
16/21
THE ENDOROIS IN THE CORRIDORS OF JUSTICE
The community first filed its legal claims
before Kenyas domestic courts to challengethe dispossession, in 1998
Ruling delivered 5 years later against the
community Due to lack of effective, available and efficient
remedies within the Kenyan courts the
community went to African Commission onHuman and Peoples Rights - Gambia
-
7/28/2019 Endorois and Their Land
17/21
THE ACHPRs RULING After 7 years of legal battles, the Commission gave a ruling
in favour of the Endorois people, finding that:
1. The Respondent State is in violation of Articles 1, 8, 14,17, 21 and 22 of the African Charter. The AfricanCommission recommends that the Respondent State:
(a) Recognise rights of ownership to the Endorois andRestitute Endorois ancestral land.
(b) Ensure that the Endorois community has unrestricted
access to Lake Bogoria and surrounding sites for religiousand cultural rites and for grazing their cattle.
(c) Pay adequate compensation to the community for allthe loss suffered.
-
7/28/2019 Endorois and Their Land
18/21
ACHPRs Ruling
(d) Pay royalties to the Endorois from existing economicactivities and ensure that they benefit from employment
possibilities within the Reserve.
(e) Grant registration to the Endorois Welfare Committee.
(f) Engage in dialogue with the Complainants for the effectiveimplementation of these recommendations.
(g) Report on the implementation of these recommendationswithin three months from the date of notification.
2. The African Commission avails its good offices to assist theparties in the implementation of these recommendations.
-
7/28/2019 Endorois and Their Land
19/21
IMPACT OF THE CASE
Rallying call in context of campaign for new
constitution in Kenya, during litigation period Abolition of Trust Land Act and community land
tenure introduced
National Land Commission provision introducedand mandated to investigate present and
historical land injustices
The ruling has set precedent for other
communities to use in Kenya, Africa and beyond
The World Bank invoked its policy No. 4.10 on
indigenous peoples
-
7/28/2019 Endorois and Their Land
20/21
IMPACT OF THE CASE
The EU funded civic education to enable
Endorois people to monitor local governance
processes
Ample attention received from various UN
mechanism and mandate holders by takingnote of the Endorois case and monitoring
progress of implementation e.g. UNPFII,
UNHRC and other OHCHR bodies
-
7/28/2019 Endorois and Their Land
21/21
CONCLUSION
The Endorois case sets a vital precedent
against the forced acquisition of indigenous
land by government, its agencies
Perhaps the truest test of the cases legacy will
be measured by states will, ability andultimate success to process implementation
Endorois case should be regarded a valuable
starting point and means to a greater-and yetundermined- End