ACHPR Jurisprudence on Indigenous people THE ENDOROIS CASE OF KENYA Charles Kamuren chairman , Endorois Welfare Coun

1. ACHPR Jurisprudence on Indigenous peopleTHE ENDOROIS CASE OF KENYACharles Kamuren chairman, Endorois Welfare Council

2. The Community & Its Struggle for Land & Identity • 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.

3. 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.

4. 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

5. Community Organization: Pre-African Commission • Registered organization and owned by Endorois Indigenous community Mission • We strive to promote and facilitate equitable distribution of resources and culturally wholesome development • Endorois elders council • Religious Forum: Faith based organizations played key role in conflict resolution and peace building among communities • Endorois women forum • Endorois youth forum

6. 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

7. 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

8. 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

9. 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

10. Lessons Learnt • 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

11. 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

12. THANK YOU Charles Kamuren Chairman Endorois Welfare Council P.O.BOX 921-20100 Nakuru, Kenya Tel: 254 722 655451 Email: morriektugul@yahoo.com ewcbogoria@hotmail.com Website: www.endorois.org