History rule following a landmark ruling issued by the Court on 26 May 2017, which found that the Government of Kenya violated the right to life, property, natural resources, development, religion and culture. of Ogiek, under the African Charter of Human and People’s Rights.
‘Important step’
“This judgment and payoff marks another important step in the Ogiek people’s struggle for recognition and protection of their right to ancestral land in Rung Mau.and implement the 2017 ruling of the African Court,” said Francisco Cali Tzay, United Nations Special Rapporteur on the rights of indigenous peoples.
The court ordered the Government of Kenya to pay 57,850,000 Kenyan Shillings ($488,000), for material damages for loss of property and natural resources, and 100,000,000 Shillings for prejudice. the morals suffered by the people of Ogiek, “due to violations of their rights to non-discrimination, religion, culture and development”, according to a statement by the United Nations human rights office, OHCHR.
In addition, the Court ordered non-monetary compensation, including compensation for the land of Ogiek ancestors, and fully recognized the Ogiek people as an indigenous people.
The Court also asked the Government of Kenya to exercise demarcation, demarcation and demarcation, in order to protect Ogiek’s rights to property revolving around the occupation, use and enjoyment of the Mau Forest and its resources. it.
Furthermore, the court ordered Kenya to take legislative, administrative or other measures necessary to recognize, respect and protect the right of the Ogieks to consult in relation to development projects, preserve or invest in their ancestral lands.
The ruling said they must be granted the right to give or withhold their free and informed consent to these projects to ensure minimal damage to their existence.
Professional evidence
Independent UN rights expert Mr. Cali Tzayprovided expert testimony to the Court in the landmark case, based on the attorney’s longstanding involvement in the promotion and defense of Ogiek’s rights.
“I welcome this unprecedented award of reparation and acknowledge that it sends a strong signal for the protection of land and cultural rights. of Ogiek in Kenya, and the rights of indigenous peoples in Africa and around the world,” he said.
UN expert urges the Government of Kenya to respect the Court’s decision and execute this judgment and the 2017 judgment of the court without delay.
Special rapporteurs and independent UN-appointed experts are based in Geneva Dong Nhan Quyen Association arrive check and report back about a particular human rights topic or a country situation. The positions are honorary and professionals are not paid for their work.
