Creation of Mukutani Forest undermines rights of Endorois

A Cleared section of Sabatia Forest in Eldma Ravine ,Baringo county on March 2,2018.FILE.Standard In 2017, the government published Legal Notice Number 265 which converted over 13,000 hectares belonging to the Endorois people into Mukutani Forest, Baringo County. This was done without the legal requirement of free prior and informed consent and compensation. This ministerial declaration rendered the designated lands a protected area, effectively displacing the Endorois community. Protected areas like Mukutani Forest have criminalised Indigenous communities' traditional practices, as these lands are handed over to management by the Kenya Forest Service (KFS), a state paramilitary agency notorious for violent evictions of indigenous forest-dwelling communities. The Kenya Forest Service (KFS), established under the Forest Conservation and Management Act, 20216 is mandated to conserve and manage forests' flora and fauna. In practice, the KFS collaborates with the Kenya Wildlife Service (KWS) in conservation efforts, but this partnership often involves illegal and violent evictions. The creation of Mukutani Forest echoes colonial-era land appropriation schemes where lands traditionally held by indigenous communities were seized to establish protected areas in the form of conservancies. Such practices have left many indigenous peoples landless or with diminished territories, intensifying pressures on their primary source of livelihood, including livestock rearing and small-scale agriculture. The Special Rapporteur on the Rights of Indigenous Peoples, Francisco Cali Tzay, highlighted in a report (A/77/238) to the United Nations General Assembly the human rights violations tied to the fortress conservation model. This model, which vacates human presence in protected areas, results in cultural destruction and large-scale displacements of Indigenous communities. The Special Rapporteur emphasised respecting indigenous peoples' collective rights as essential for achieving sustainable conservation goals. Kenya's history of creating protected areas illustrates the systemic dispossession of indigenous lands. The Maasai, for example, were displaced to establish Nairobi National Park, Amboseli National Park, and the Masai Mara National Reserve, covering over 2,000 square kilometres. Consequently, Maasai herders often graze their cattle along highways as they are denied access to abundant grass within these parks. The Constitution and the Community Land Act (2016) provide legal safeguards against arbitrary land alienation. However, the State frequently bypasses these laws, as seen in the creation of Mukutani Forest. The concept of wilderness areas free from human settlement is rooted in Western conservation models, such as the 1872 Yellowstone National Park Act in the United States. These models contrast sharply with indigenous peoples' cultural practices, which emphasize coexistence with nature. Indigenous knowledge, encompassing centuries-old practices tailored to local environments, is recognised internationally for its role in biodiversity conservation. For instance, the Endorois people's use of sacred totems to protect wild animals exemplifies their sustainable interaction with nature. The fortress conservation model adopted in the newly created Mukutani Forest risks undermining the rights of the Endorois people. The community's attempts to access protected areas for religious ceremonies are often blocked, highlighting the barriers indigenous peoples face. Many communities displaced by conservancies continue to demand restitution and compensation. Legal victories such as the Endorois case and the Ogiek case, adjudicated by the African Commission and Court on Human and Peoples' Rights, underscore the growing recognition of indigenous land rights. Despite scientific evidence proving fortress conservation unsustainable and contrary to international human rights law, global conservation actors continue funding projects that perpetuate these practices. The land dispossession of the Endorois was exacerbated by cattle rustling, which escalated into full-blown terror in the North Rift region starting in 2005. Communities such as the Il Chamus, Turkana, Samburu, and Marakwet also suffered from these attacks. By the end of 2022, over 10,000 Endorois people had been displaced to places like Marigat, Nyimbei, and Sandai. Although some attempted to return in 2024, they were informed by the KFS that their land had been converted into a government forest. The Endorois have since petitioned State authorities to degazette the forest and follow legal procedures for community land alienation. The government's security operation, Maliza Uhalifu, aimed to address banditry but failed to restore sustainable peace. The bandits' continued attacks have caused significant losses, including the massacre of security officers in Kapedo and Bargoi in 2014 and 2021, respectively. Global environmental initiatives, such as the Kunming-Montreal Global Biodiversity Framework (KMGBF) adopted at the 2022 Convention on Biological Diversity Conference (COP 15), aim to conserve 30 per cent of terrestrial and marine ecosystems by 2030. However, indigenous peoples and land rights defenders have expressed concerns over the "30 by 30" target, fearing it will exacerbate land dispossession. The KMGBF's integration with initiatives under the United Nations Framework Convention on Climate Change and the Paris Agreement underscores the need for human rights-based approaches to conservation. Forced evictions of indigenous peoples in the name of conservation undermine the objectives of climate action and biodiversity preservation. To achieve sustainability, environmental initiatives must incorporate indigenous peoples' rights and traditional knowledge as central components.

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