endorois and their land

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]


2/21

THE ENDOROIS PEOPLE


3/21

THE ENDOROIS MORANS DURING CELEBRATIONS


4/21

ENDOROIS WOMEN DURING CELEBRATIONS


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


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


7/21

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


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


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


10/21

A VIEW OF LAKE BOGORIA


11/21

WILD OSTRICHES OF LAKE BOGORIA


12/21

THE GREATER KUDU(A RARE SPECIES)


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


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


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


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


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.


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.


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


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


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

endorois and their land

Documents