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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She earned her B. During her time at MRG she will be working extensively with the Endorois to achieve implementation of the African Commission decision granting them rights to Lake Bogoria. The Endorois had inhabited Lake Bogoria for over years before being evicted by the government in the s. A large celebration of the decision was held at Lake Bogoria; the Minister of Lands was in attendance and the momentous occasion was broadcast on television nationally.
However, in Maya report on implementation due to be submitted by the government of Kenya to the African Commission failed to arrive. Throughout andthe government of Kenya failed to take any significant action on the recommendations. 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 the decision had been officially adopted and published one year earlier.
A sealed copy was thereafter delivered to the Minister, but this did little to improve the situation. 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. For instance, the rushed-through Kenya Wildlife Bill was published in without consultation with the Endorois. This law requires payment of entrance fees for anyone entering Lake Bogoria and criminalises any activities that might endanger wildlife in the area, leaving no exception for the religious and cultural practices of the people indigenous to the land.
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. As a result, the World Heritage Committee reviewed the status of Lake Bogoria and issued a State of Conservation report in Julyrequiring the government of Kenya to report on conservation by 1 Februaryand urging it to include the Endorois in management and benefit-sharing.
In an effort to push the government of Kenya to endkrois with the decision and implement its recommendations, the African Commission held an implementation hearing in Aprilat which the Government was called on to redress its earlier failures to present the Commission with a roadmap to implementation.
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.
Not a single delegate from the Kenyan government could be troubled to respond to the invitation or appear at the meeting, held only blocks from their offices in Nairobi. Following the hearing and 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.
In Novemberthe African Commission issued a resolution calling on the government of Kenya to take concrete steps towards implementation and to immediately file a comprehensive report on implementation with the Commission. Though faced with considerable hurdles, the Endorois continue to push for implementation.
The taskforce begins a national tour this month, and the EWC plans to meet with them. The payment will be distributed to targeted beneficiaries, particularly Endorois students. 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. These latest developments represent a tentative step towards implementation of the decision, but the fact remains that legislation and task forces are not enough: The decision was a huge victory for indigenous people, but five years on, there has been no implementation of the decision.
The Endorois can no longer afford to wait […]. We are currently discussing the Endorois case and I was wondering if the situation has changed significantly since your article dated ? Its saddening how its difficult to implement international decisions on a sovereign state. 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.
Kenya: Landmark Ruling on Indigenous Land Rights | Human Rights Watch
Kindly shed some light on how I can join that highly esteemed school. Click here to cancel reply. The Peoples under Threat ranking highlights countries most at risk of genocide and mass killing. The ranking is created by compiling endofois on the known antecedents to genocide or mass political killing.
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Kenya: Landmark Ruling on Indigenous Land Rights
Check the Minority Rights Group jobs page for vacancies, internships and volunteering opportunities. The Endorois can no longer afford to wait […] Reply.
Brian Pareno Solonka 30th July Its saddening how its difficult to implement international decisions on a sovereign state. Leave a Reply Click here to cancel reply. Email will not be published required. AfricaEndoroisKenya. Peoples Under Threat Map The Peoples under Threat ranking highlights countries most at risk of genocide and mass killing. Minority Voices Newsroom The Minority Voices Newsroom is an online multimedia library that allows members of minority and indigenous communities to upload, download and share their stories.
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