Transcript THE ENDOROIS OF KENYA: FROM NON

ACHPR Jurisprudence on Indigenous people
THE ENDOROIS CASE OF KENYA
Charles Kamuren chairman, Endorois Welfare Council
The Community & Its Struggle for Land &
Identity
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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.
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Timeline of Key Milestones in the
Endorois Struggle
1989 – 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 conned
 Sensitized community, petitioned government
 Gov’t responds by intimidation, arrest, torture
 1995 – 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
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Community Organization: Pre-African
Commission
Registered organization and owned by
Endorois Indigenous community
Mission
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We strive to promote and facilitate equitable
distribution of resources and culturally
wholesome development
1. Endorois elders council
2. Religious Forum: Faith based organizations
played key role in conflict resolution and
peace building among communities
3. Endorois women forum
4. Endorois youth forum
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Endorois Structures Post-African
Commission
Goal- to secure community involvement in implementation
EWC 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
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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 rubies
 Parliament has raised implementation issues in one of
its recent sessions
Impact Continued…
Negative impacts
 Ethnic tensions with dominant Tugen
increased
 Encroachment 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
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Lessons Learnt
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Women were instrumental in the struggle
Discovery 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
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
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THANK YOU
Charles Kamuren
Chairman
Endorois Welfare Council
P.O.BOX 921-20100
Nakuru, Kenya
Tel: 254 722 655451
Email: [email protected]
[email protected]
Website: www.endorois.org