Endorois to get back their land, thanks to AU court

• Ruling praised as a major victory for indigenous people across the continent

The welfare committee’s secretary-general is Mr Wilson Kipkanzi, who said the commission’s recommendations should be fully effected.

“We would want the government to implement that decision to the letter. We are ready to sit and dialogue, should there be need, on how to go about it,” he said.

The government is required to report on the implementation of these recommendations within three months from the date of notification.

“We deserve this compensation. Although only 172 of our people had registered their complaints, well over 400 were displaced. The others feared government reprisal,” Mr Kiprotich said.

Although Kenya became a party to the African Commission Charter in 1992, it was in 2006 that it submitted its first report combining all overdue reports. The reports are done after every two years.

“The decision on the Endorois, the first of its kind, can help many others across Africa, which might have been forced from their homes,” said Mr Clive Baldwin, a senior legal adviser at Human Rights Watch, who was co-counsel for the Endorois in the case while working with Minority Rights Group International.

Overdue reports

Lake Bogoria has great tourism potential due to its hot springs and abundant wildlife, including one of Africa’s largest populations of flamingos.

The African Commission had ruled in 2006 against the Kenyan Government for allowing a ruby mining company to start illegal mining on another part of the Endorois’ land, severely affecting their remaining access to water.

Following that ruling, the mining company abandoned its activities.

“The African Commission’s ruling makes clear to governments that they must treat indigenous peoples as active stakeholders rather than passive beneficiaries,” said Cynthia Morel, who was co-counsel for the Endorois as senior legal adviser with Minority Rights Groups International.

The Endorois tried unsuccessfully to persuade the Kenyan Government, the local authorities, and the Kenyan Wildlife Service to reverse their policy of evicting everyone, including traditional inhabitants, from areas the government designated national parks and reserves.