Landmark Ogiek ruling sends strong signal on rights of indigenous people

In a judgment handed down in June, the African Court of Human and Peoples’ Rights in Arusha, Tanzania, delivered a reparations judgment in the final act of a long running case. The Court unanimously rejected the Government of Kenya’s objections and ordered Kenya to title Ogiek ancestral lands in Mau Forest.

The historic ruling on reparations follows a landmark judgment delivered by the Court on 26 May 2017, finding that the Government of Kenya had violated the right to life, property, natural resources, development, religion and culture of the Ogiek, under the African Charter on Human and Peoples’ Rights.

“This judgment and award of reparations marks another important step in the struggle of the Ogiek for recognition and protection of their rights to ancestral land in the Mau Forest, and implementation of the 2017 judgment of the African Court,” said Francisco Cali Tzay, UN Special Rapporteur on the rights of indigenous peoples.

The Court ordered the Government of Kenya to pay compensation of Sh57 million for material prejudice for loss of property and natural resources, and Sh100 million for moral prejudice suffered by Ogiek due to violations of the right to non-discrimination, religion, culture and
development.

In addition, the Court ordered non-monetary reparations, including the restitution of Ogiek ancestral lands and full recognition of the Ogiek as indigenous peoples. Specifically, the Court required the Kenyan Government to undertake delimitation, demarcation, and titling to protect Ogiek rights to property revolving around occupation, use and enjoyment of the Mau Forest and its resources.

The Court also ordered Kenya to take necessary legislative, administrative or other measures to recognise, respect and protect the right of the Ogiek to be consulted with regard to development, conservation or investment projects in their ancestral lands. The Ogiek must be granted the right to give or withhold their free and informed consent to these projects to ensure minimal damage to their survival, the ruling said. (