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Jurist UN expert urges Kenya to halt land demarcation violating Ogiek rights

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Dadparvar

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Nov 11, 2016
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A United Nations human rights expert called on the Kenyan government to immediately stop ongoing land demarcation activities in the Eastern Mau Complex Wednesday, warning that the process threatens the ancestral lands of the Ogiek Peoples and breaches binding judgments of the African Court on Human and Peoples’ Rights (AfCHPR).

According to a statement issued by the UN Office of the High Commissioner for Human Rights, the demarcation is taking place without adequate consultation and in violation of the Ogiek community’s rights to land, culture and identity. The actions by Kenyan authorities have raised international concern, particularly in light of the African Court’s prior rulings affirming the Ogiek’s legal claims to the Mau Forest Complex.

Despite this, the state has continued to engage in demarcation processes that disregard the Court’s directives. In a 2022 reparations judgment, the Court ordered Kenya to grant collective land titles to the Ogiek, offer financial compensation, and create a development fund. However, implementation has remained limited, and demarcation of the Eastern Mau area has resumed without the community’s consent.

The UN’s intervention highlights growing frustration with Kenya’s non-compliance and urges authorities to suspend all land-related activities in the area until the Ogiek’s rights are fully respected and legally recognized. The call also reinforces the authority of the African Court and the obligations of states to implement its judgments in good faith.

The Ogiek Peoples’ Development Program, a grassroots organization representing the community, has repeatedly raised alarms about the government’s failure to honour these rulings. The group has reported continued evictions and land seizures in contravention of the African Court’s decisions, which legally bind Kenya as a signatory to the Court’s protocol.

The African Court first ruled in favor of the Ogiek in its 2017 judgment, finding that the government had violated seven provisions of the African Charter on Human and Peoples’ Rights. The Court held that the Ogiek are Indigenous Peoples with collective rights to their ancestral lands and ordered the state to stop forced evictions and recognize the community’s land tenure.

As land demarcation continues, the case remains a key test of Kenya’s commitment to indigenous rights and the rule of law on the African continent.

The post UN expert urges Kenya to halt land demarcation violating Ogiek rights appeared first on JURIST - News.

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