Community suffers as it awaits action, 12 years after AU decision

Tarkok Komen stares blankly into the horizon beyond Lake Bogoria.

Now in her 70s, she recalls the better days when the family had enough land to feed their animals.

Not anymore.

The Lake Bogoria National Reserve is what the family, and the community, once called their land.

“This is all my land, my husband’s farm. It used to stretch all the way to the lake, but since it was declared a national reserve, I cannot go beyond the boundary. I cannot take the cows for salt licks either, yet the government has never compensated us,” she says.

Mrs Komen remembers how the community used to entertain the country’s first president, Jomo Kenyatta, who she claims was a frequent visitor to the lake, which is also popular for hot springs.

“Mzee loved visiting this place and this exact spot was his favourite. I was a young girl then. He loved to see the Endorois dance while enjoying the views of our Lake Bogoria. The lake has a lot of significance to us. It is sacred and we feel like we should be given access from all sides,” says Mrs Komen.

She is among 75,000 members of Endorois community who have been waiting for the implementation of a landmark decision by the African Commission on Human and Peoples’ Rights (ACHPR) delivered in November, 2009, and approved by the African Union in 2010.

The decision was based on a complaint filed in 2003 against the Kenya Government by the Centre for Minority Rights Development (Cemiride) and the Minority Rights Group International (MRG) on behalf of the Endorois Welfare Council (EWC).

The Commission found Kenya in violation of the rights of the Endorois, and recommended, among other things, that the government gives back the ancestral land, compensates the community for their losses, and ensures that they benefit from the royalties and employment opportunities within the Lake Bogoria National Reserve. The community was evicted in the 1970s to pave the way for the creation of Lake Hannington Game Reserve, currently Lake Bogoria National Reserve.

But despite the decision, the community has been waiting for 12 years to no avail.

“Very little has been implemented. Our people have not been compensated. When we failed to get justice in Kenya, we went to the African court that ruled in our favour, but 12 years is a very long time,” says Eric Kimalit, the council chairman.

A new report documenting the impacts of non-implementation of the commission’s recommendations, released on Monday, says the community has suffered immeasurable losses.

“Indigenous communities like the Endorois still grapple with the impacts of forced displacements from their lands, lack of compensation and exploitation of their natural resources in the name of development,” it notes.

The report says the community’s life has been disrupted, noting that it no longer gathers plants growing around the lake for traditional medicine.

It recommends that the government constitutes a task force for the implementation of the African Commission’s decision as well as facilitate the development of a register of the indigenous people and protection of their land. The report also suggests that a benefit-sharing legislation be passed.

“The African Commission on Human and Peoples’ Rights should step up its efforts to engage with the Kenya Government on the implementation of its decision on the Endorois complaint,” it reads.

Speaking during the launch of the report, Cemiride Director Nyang’ori Ohenjo said the National Land Commission should take up the matter as a land injustice case.

“Historically, the government resisted recognising indigenous people. The root causes of rural hunger and poverty are inequality and lack of justice, weak access to basic social services and productive assets like land. The situation is further exacerbated by conflicting claims for access and user rights to land and water between different groups,” he said.

“It has been investigated and documented and all that is needed is the implementation.”

Adebayo Okeowo of WITNESS, an international human rights organisation, called on the government to implement the decision.

“Kenya has an international obligation and being a country seen as an exemplary leader in the region, it is mandated to be concerned for its people. Implementation of the decision will be a milestone for the indigenous communities,” Okeowo said.

But as they wait, Jackson Kiplagat fears the community will continue to suffer marginalisation.

“Sadly, we have not seen the willingness from the government. Of the seven thematic areas, the only one, the formulation of the Endorois Welfare Council, has been fully implemented. We’re ready to sit with the government and chart a way forward,” he says.

Janet Kiptanui says while land is a key resource, impacts of climate change have been adverse without a place to farm and graze.

“If we had our farms, we could plant trees and practice climate-smart agriculture. We have waited for justice for so long.”

And while the community has been receiving 10 per cent of the proceeds from the game reserve, the report observes that there has been lack of transparency.

“The main challenge is how the grant is managed due to lack of transparency and accountability. There is lack of regulations or policy for the grant. EWC’s push for the formulation of the regulations, including preparing and sharing a draft with the county government, has been met with resistance,” notes Richard Kamngoror, the council CEO.