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A PEOPLE AND THEIR LAND

THE CASE STUDY ON ENDOROIS EXPERIENCE AT A COMMUNITY 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:kipkaziwk@gmail.com

THE ENDOROIS PEOPLE

THE ENDOROIS MORANS DURING CELEBRATIONS

ENDOROIS WOMEN DURING CELEBRATIONS

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

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

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

Community Land Rights

The colonial administration in collaboration with our ancestors established Endorois boundaries in 1895 The Endorois have lived in a symbiotic relationship with the wild life in their ancestral lands 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

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

A VIEW OF LAKE BOGORIA

WILD OSTRICHES OF LAKE BOGORIA

THE GREATER KUDU(A RARE SPECIES)

ENDOROIS DISPOSSESSION

Endorois evicted from ancestral land in 1973 to create the Lake Bogoria Game Reserve Compensation was promised but minimal levels given Received no benefit from tourism in the game reserve nor from ruby mining activities Marginalization of Endorois at all levels

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 left majority being illiterate beyond the salvage of adult literacy programmes Failure by the state to provide infrastructure in areas where Endorois occupy presently The Endorois women depend on traditional midwives due to lack of maternity facilities

THE LOST RIGHTS

The government failed to provide clean water using revenue collected Freedom of expression curtailed to silence human rights activists and defenders Divide and rule principle was applied

THE ENDOROIS IN THE CORRIDORS OF JUSTICE

The community first filed its legal claims before Kenyas domestic courts to challenge the 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 on Human and Peoples Rights - Gambia

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 African Commission recommends that the Respondent State: (a) Recognise rights of ownership to the Endorois and Restitute Endorois ancestral land. (b) Ensure that the Endorois community has unrestricted access to Lake Bogoria and surrounding sites for religious and cultural rites and for grazing their cattle. (c) Pay adequate compensation to the community for all the loss suffered.

THE ACHPRs RULING

ACHPRs Ruling
(d) Pay royalties to the Endorois from existing economic activities 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 effective implementation of these recommendations. (g) Report on the implementation of these recommendations within three months from the date of notification.

2. The African Commission avails its good offices to assist the parties in the implementation of these recommendations.

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 introduced and 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

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 taking note of the Endorois case and monitoring progress of implementation e.g. UNPFII, UNHRC and other OHCHR bodies

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 and ultimate success to process implementation Endorois case should be regarded a valuable starting point and means to a greater-and yet undermined- End