Tag Archives: indigenous peoples Kenya

Only One Protester was Killed by a Bullet: Kenya

Flag of Masai peoples

One person was killed and several injured on Monday [January 26, 2015] when Kenyan police clashed with Maasais protesting against a local governor they accuse of misappropriating tourism funds from the Maasai Mara game reserve, an official said.  Police fired shots and teargas as thousands of people from the Maasai ethnic group, clad in traditional red cloaks, marched to the governor’s office in Narok town, the administrative centre of the sprawling Maasai Mara park, witnesses said.

Narok County Commissioner Kassim Farah, an official appointed by the president, said: “Only one protestor was killed by a bullet.  “We regret it but the organisers of the demonstration should be held responsible, not the police.” Kenya Red Cross said seven people injured in the clashes were taken to a nearby hospital.

Demonstrators marched to the gates of Governor Samuel Tunai’s office, shouting: “Tunai must go.” Some hurled rocks. The dispute began when Tunai’s administration contracted a company to collect Maasai Mara park entry fees, a deal the locals say was suspect.

Visitors to the Maasai Mara, one of Africa’s biggest tourist draws, pay $80 per day to roam an area full of wildlife such as lions, rhinos and giraffes. Upmarket lodges and luxury tented camps can charge hundreds of dollars per person per day for the experience, although a spate of militant attacks in Kenya as well as the Ebola epidemic on the other side of Africa have scared off many tourists….

Local government finance has come under increased scrutiny from Kenyans since a newly devolved system was introduced in 2013 under which local governments receive about 43 percent of the national budget directly and are responsible for raising their own additional revenues.  Devolution was designed to spread wealth and help local communities benefit from revenue earned in their areas but analysts say corruption and other issues that have blighted national politics have now also spread to local bodies

Corruption protest in Kenya’s Maasai Mara region turns deadly, Reuters, Jan. 27, 2015

A Humanitarian Crisis for the Sake of Conservation: the Sengwer in Kenya

Kerio River, Kenya

For decades, the Kenyan government has attempted to evict indigenous people from the forests of Embobut and Cherangany, in the western county of Elgeiyo Marakwet. Past tactics have even included torture and setting fire to homes, those affected say…The government – accused in recent weeks of preparing to carry out yet another forced eviction – maintains that communities living in 12 forest glades must leave so it can rehabilitate the degraded forest and the water services it provides to the surrounding regions and beyond.

“This is a government initiative aimed specifically at conserving the country’s second-largest water tower – nothing else,’’ said Inspector Stephen Chessa, who works for the Kenya Forest Service (KFS) and is in charge of the Embobut eviction…

But one forest warder who preferred to remain anonymous told Thomson Reuters Foundation he and his colleagues had been instructed to evict forcefully anyone who resists the move.  On Monday, the U.N. special rapporteur on the rights of indigenous peoples, James Anaya, expressed deep concern about this prospect, urging the Kenyan government “to ensure that the human rights of the Sengwer indigenous people are fully respected, in strict compliance with international standards protecting the rights of indigenous peoples”.  Most families are asking for more time to assemble their things and harvest crops before leaving the forest.   But Solomon Mibei, head of conservation for the KFS, said families would not be given extra time and the evictions would continue as planned. “They have no reason to continue staying in the forest – they were compensated,’’ he said.

The situation is complex because there are different communities living in Embobut: the Sengwer indigenous people; groups displaced by disasters and political violence; and others who have come to benefit from cultivation opportunities.  “Why should the government treat us equally with the victims of post-election violence and landslides?’’ asked Sengwer spokesperson Yator Kiptum. “The forest is our home – our case is different, it’s not fair at all.”…According to Article 63 of the constitution, community land shall be vested in and held by communities identified on the basis of ethnicity, culture or similar community of interest. Community land consists of ancestral lands and lands traditionally occupied by hunter-gatherers.

Justin Kenrick of the Forest Peoples Programme (FPP), a UK-based rights organisation, said the government’s justification for evicting people is forest conservation, but research has long since shown that forests are best preserved not by evicting ancestral communities but by supporting them to regain secure rights to their land.  Payments to evictees by the government are “intended to distract the public and the communities themselves from addressing the real issues”, Kenrick said. “According to international treaties to which Kenya is a party, the Sengwer should have been consulted, and accepted or rejected the proposal,’’ he added.  Kiptum, however, claims the Sengwer were not consulted, did not sign anything, and have not agreed to hand over their land for the small amount of money that has been paid into some people’s bank accounts.  “You cannot create a humanitarian crisis for the sake of conserving biodiversity while there are other ways of doing it better,” said Stephen Cheboi, coordinator of the North Rift Human Rights Network based in nearby Eldoret town. He also called for an audit of the compensation process.

Excerpts from Caleb Kemboi, Indigenous rights clash with forest protection in Kenya, Reuters, Jan. 17,, 2014

See also Biodiversity and Human Rights

Eviction of Indigenous Peoples from National Parks

On the second anniversary of a landmark ruling by the African Commission on Human and People’s Rights (ACHPR), Minority Rights Group International (MRG) condemns the Kenyan government’s lack of commitment to ensuring justice for the Endorois people and urges the authorities to immediately restore ownership to the community of their ancestral lands around the Lake Bogoria National Reserve.

Although the Commission recognised, for the first time in the continent, indigenous peoples’ rights over traditionally occupied land and their right to be involved in, and benefit from, any development affecting their land, the Endorois still have no land title, have received no compensation for the loss they suffered during almost 40 years, nor a significant share in tourism revenue from their land.  Kenya adopted a new Constitution in August 2010, which, together with a new National Land Policy, supported the Commission’s decision in recognising indigenous peoples’ ancestral lands.

‘Two years on from the African Commission’s ruling the Endorois are still waiting for justice to be brought home. The government’s lack of engagement with the community is of extreme concern and, inevitably, it raises questions about their commitment to the high ideals to be found in Kenya’s new Constitution,’ says Carla Clarke, MRG’s Head of Law….  ‘In view of Kenya’s new Constitution, which provides for the establishment of a National Land Commission to review past abuses and recommend appropriate redress, it is particularly important that the government implements the Commission’s decision without further delay,’ added Carla Clarke.

Endorois land was originally appropriated by the Kenyan government in the 1970s to create the Lake Bogoria National Reserve. On 2 February 2010, the African Union adopted a decision of the ACHPR which declared firstly that the expulsion of Endorois from their lands was illegal, and secondly that the Kenyan government had violated certain fundamental rights of the community protected under the African Charter on Human and Peoples’ Rights and other international instruments.

The Endorois are a semi-nomadic indigenous community of approximately 60,000 people, who for centuries have earned their livelihoods from herding cattle and goats in the Lake Bogoria area of Kenya’s Rift Valley.  When tourists flock to Lake Bogoria, famous for its flamingos and geysers, they have little idea of the high cost the Endorois paid for their eviction. The vast majority of the community still live in severe poverty, have little or no electricity, walk miles to collect water in an area stricken by drought, and are often dependent on relief food.

Since the creation of the wildlife reserve, the Endorois have been unable to gather the plants they once relied on for medicinal purposes, conduct religious ceremonies at their sacred sites or visit the graves of their ancestors.

 

Two years on from African Commission’s ruling, Kenya continues to drag its feet in recognising indigenous peoples’ ownership of wildlife park, MRG urges government to act, Reuters, Feb. 3, 2012