A victory at the expense of wildlife conservation? Experts at London event dissect African Commission ruling on indigenous land rights
5 May 2010
In the early 1970s, the Endorois, an indigenous community, were forcibly displaced from their homeland by the Kenyan government without adequate consultation or compensation, to make way for a wildlife reserve.
In a landmark decision released in February 2010, the African Commission on Human and Peoples’ Rights (ACHPR) found the Kenyan government guilty of violating the rights of the Endorois. The decision creates a major legal precedent by recognising, for the first time in Africa, indigenous peoples’ rights over traditionally owned land.
At a London event, convened by Minority Rights Group International and A4ID on 27 April, a capacity audience were given an in depth analysis of the ACHPR’s findings by the three lawyers who served as co-counsels in the case.
Cynthia Morel discussed the arguments and the ACHPR’s findings relating to recognition of indigenous peoples in the African context, and the right to property, whilst Clive Baldwin covered the arguments presented and the Commission’s findings on natural resources, cultural and religious rights, and the right to development. Korir Singoei concluded by explaining the case’s repercussions in Kenya.
Historically this is also the first case globally to adjudicate on the right to development. Margot Salomon, an expert on the right to development, considered the international implications of the decision.
The panel was moderated by Lucy Claridge, Head of Law at Minority Rights Group International.