Complaint against Kenyan government alleging violations under the African Charter on Human and Peoples’ Rights, the Constitution of Kenya and international law, for the forced removal of the Endorois peoples from their ancestral lands; Violation of Land and Natural Resource Rights; Violation of Indigenous Rights; Freedom of Religious and Cultural Practices; Right to Development.
The Commission’s decision was formally approved by the African Union at its January 2010 meeting. The Commission’s decision calls upon the state to report on the implementation of its recommendations within three months from the date of notification and further recommends collaboration with the Endorois in implementing these remedies. Concurrently with this decision, Kenya is undergoing a process of Constitutional review and there is hope on the part of civil society involved in this case that its result will positively impact the negotiation process in favor of greater recognition of economic, social and cultural rights.
This case marks the first time the Commission has recognized indigenous peoples’ rights over traditionally owned land and their right to development under the African Charter. The decision is also noteworthy because the Commission emphasizes the African Charter’s protection for collective claims to land rights by indigenous communities. It is also a relevant decision for economic, social and cultural rights advocates because the Commission stated that while the Kenyan Constitution guaranteed civil and political rights, it did not give an equivalent degree of constitutional protection to economic, social, cultural, or group rights and concluded that this denied the Endorois an opportunity to launch an effective claim on their ancestral land in the Kenyan High Court.
Centre for Minority Rights Development Kenya (CEMIRIDE) www.cemiride.or.ke Minority Rights Group International (MRG) www.minorityrights.org