Natural Justice, an organization dedicated to upholding justice and safeguarding the rights of indigenous communities, strongly condemns the recent evictions of the Ogiek community from the Maasai Mau Forest by the Kenyan government.
The Ogiek community, having prevailed in a historic reparations case at the African Court on Human and Peoples’ Rights, has tragically suffered at the hands of the Kenya Forest Service and Kenya Wildlife Rangers, who ruthlessly destroyed and set fire to numerous homes in Sasimwani and Nkareta villages. This deplorable act signifies a gross violation of the rights and security of the Ogiek people, who, despite legal victories, continue to face blatant injustices perpetrated by government entities entrusted with their protection.
Natural Justice expresses deep concern over this distressing episode and stands in solidarity with the Ogiek community during this challenging time.
We call on the international community to condemn these actions and hold the Kenyan government to account.
We appeal to the Kenyan government to respect the rule of law and uphold the judgement of the African Court on Human and People’s Rights that ordered the Kenyan government to recognize, respect, protect and consult the Ogiek in accordance with their traditions and customs, on all matters concerning development, conservation and investment on their lands.
Background:
For generations, the Ogiek, a community of approximately 20,000 members, have regarded the Mau Forest, spanning an area of about 400,000 hectares, as their ancestral home. This indigenous community, known for their unique language, hunter-gatherer way of life, and distinct social norms, has faced significant challenges in recent years. In 2009, the Kenya Forestry Service issued an eviction notice affecting the Ogiek community. Prompt action was taken by non-governmental organizations advocating for the Ogiek, who supported the filing of a complaint with the African Commission on Human and Peoples’ Rights. This complaint was then transferred to the African Court on Human and Peoples’ Rights in 2012.
On 26 May 2017, in a significant moment for Indigenous peoples in Africa, the Court ruled that Kenya had violated the rights of the Ogiek community and denounced the expulsion of the Ogiek from their ancestral lands against their will, emphasizing the deprivation of their right to benefit from the natural resources on these lands.
Further solidifying the rights of the Ogiek, on 23 June 2022, the Court mandated the Kenya government to provide compensation to the Ogiek for the substantial material and psychological suffering they endured. Additionally, the Kenyan government was instructed to ensure the full recognition of the Ogiek as indigenous people, guaranteeing their effective consultation on all development, conservation, or investment projects concerning their land.
This recent eviction is not only a gross violation of their rights, but also demonstrates blatant disregard for the ruling of the African Court. Natural Justice unequivocally supports the enforcement of these legal decisions, advocating for the preservation of the Ogiek community’s rights and the safeguarding of their ancestral land. The Court’s ruling were fundamental steps toward justice, recognition, and the protection of the Ogiek’s way of life within the Mau Forest and set a precedent that is recognised worldwide.
Moreover, the recent legal battle waged against the government of Kenya underscores a troubling and recurring pattern of injustices experienced by the Ogiek community. Natural Justice remains actively involved in monitoring and extending unwavering support in the pursuit of justice for the community.
“ These evictions violate the rights of the Ogiek people and undermine not only their inherent rights, but also reverse the hard-won progress in safeguarding and advancing the rights of all African Indigenous peoples. The impact of these decisions echoes beyond the immediate injustice, creating ripples that threaten the collective strides towards the protection and promotion of indigenous rights. Upholding these rights is not just a legal obligation but a moral imperative crucial for preserving the diversity and dignity of all peoples.”– Nyaguthii Chege , East Africa Hub Director, Natural Justice
“The Ogiek People are indigenous to the Mau with a rich history and Ancestry embedded in the area. The evictions continue to be a repeat of injustice to the community, disregard of indigenous rights and rule of law. With no alternative, The Ogiek are losing their home.”- Farida Aliwa – Executive Director, Natural Justice
ENDS//
For media inquiries contact:
Salome Muiruri, Natural Justice, salome@naturaljustice.org +254721480153
