Kenya: UN expert hails historic ruling awarding reparations to Ogiek indigenous peoples

GENEVA (18 July 2022) – A UN expert today hailed a decision by the African Court on Human and People’s Rights to award reparations to the Ogiek indigenous peoples for harms suffered from injustices and discrimination.

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 KES 57,850,000 (Kenya Shillings) for material prejudice for loss of property and natural resources, and KES 100,000,000 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.

The Special Rapporteur provided expert testimony to the Court in the landmark case, based on the mandate’s long-standing engagement in the promotion and protection of the rights of the Ogiek indigenous peoples.

“I welcome this unprecedented ruling for reparations and acknowledge that the decision sends a strong signal for the protection of the land and cultural rights of the Ogiek in Kenya, and for indigenous peoples’ rights in Africa and around the world,” Cali Tzay said. 

The UN expert urged the Government of Kenya to respect the Court’s decision and proceed to implement this judgement and the 2017 ruling by the court without delay.

ENDS

Mr. Francisco Cali Tzay, was appointed Special Rapporteur on the rights of indigenous peoples in March 2020 and took up the role on 1 May 2020. A Mayan Cakchiquel from Guatemala, he has represented indigenous peoples at the United Nations since the early 1980s, addressing human rights violations against the Indigenous Peoples in Guatemala and around the world.

Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent of any government or organisation and serve in their individual capacity.

UN Human Rights, Country Page - Kenya