In response to the violent forced eviction of indigenous Ogiek and Mau Forest communities that began on 1 November 2023, 140 human rights defenders from 35 countries have written a letter to the Kenyan government demanding that it rescind the eviction order and implement the 2017 and 2022 judgments of the African Court on Human and Peoples' Rights that oblige it to respect the rights of the Ogiek. The defenders note that Ogiek leaders attempted dialogue with authorities before the eviction but were rebuffed.
The evictions have violated the rights of more than 700 Ogiek people, who are forcibly displaced with nowhere to go. Their homes, schools, and belongings have been burned and demolished, and the rainy season makes their situation even more vulnerable, especially for women and children.
“The Ogiek of Mau should not be synonymous with evictions and helplessness as manifested in the ongoing evictions in Sasimwani area of Narok County; the government should respect the law and the sanctity of humanity”, said Daniel Kobei, executive Director of Ogiek Peoples' Development Program (OPDP).
In a public letter addressed to Dr William Samoei Ruto, CGH, President of the Republic of Kenya and Commander-in-Chief of the Defence Forces, the human rights defenders recalled that in May 2017, the African Court on Human and Peoples' Rights affirmed the rights of the Ogiek to their traditional lands in the Mau Forest, including the now-evicted Nkareta and Sasimwani areas. Furthermore, in a 2022 judgment, the Court ordered the Kenyan government to undertake "the delimitation, demarcation and titling of communal lands in order to protect the property rights of the Ogiek, linked to their occupation, use and enjoyment of the Mau Forest and its various resources...".
It is ironic that the Kenyan government has cited the conservation of the Mau Forest as the reason for the eviction when they have previously acknowledged that the Ogiek's presence in their ancestral territory is not the source of the degradation, but rather logging licenses and illegal intruders. Similarly, the African Court noted in 2017 that forest conservation should not be a pretext for the expulsion of its original inhabitants. This fortress conservation approach is not only colonial but inherently a violation of the rights of indigenous peoples to their lands, territories, and resources.
The African Court indicated that has issued an urgent letter of appeal to the government of Kenya calling for cessation of the evictions in order to limit the irreparable damage that may be caused to the lives, sources of livelihoods, family life, safety, and security of vulnerable members of the Ogiek people including women, children and the elderly.
"Indigenous peoples have inherent right to their lands, territories, and resources as affirmed by international human rights instruments. They are acknowledged as stewards of nature and are thereby strategic allies in addressing the global environmental and climate change challenges we face. The order to evict the Ogiek people who have protected the Mau Forest is clearly unjust and discriminatory and should stop now” said Joan Carling, Executive Director of Indigenous Peoples Rights International.
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DETAILS
The letter is also addressed to the Minister of Environment, Climate Change and Forestry; the Regional Commissioner for the Rift Valley; the Executive Director of the Administrative Justice Commission; the Director of Forest Conservation, Kenya Forest Service; the Executive Director of the Kenya Water Resources Agency; the Executive Director of the Kenya National Human Rights Commission; the Executive Director of the National Gender and Equality Commission; and the Narok County Commissioner.
FULL LETTER AND LIST OF SIGNATORIES
COUNTRIES OF ORIGIN OF THE SIGNATORIES:
Germany
Denmark
Spain
Finland
France
Netherlands
Italy
Liechtenstein
Norway
Portugal
Sweden
Basque Country
Bangladesh
Philippines
India
Japan
Malaysia
Nepal
Brazil
Canada
Colombia
Ecuador
United States of America
Guyana
Honduras
Mexico
Venezuela
Algeria
Burundi
Cameroon
Congo-Kinshasa
Democratic Republic of Congo
Equatorial Guinea
Rwanda
South Africa
Kenya
Zimbabwe
