Chairperson, Honourable Commissioners, state delegates, ladies and gentlemen.
Chairperson, We, the Ogiek Peoples Development Program (OPDP), bring forth this statement to the African Commission on Human and Peoples’ Rights to highlight the dire situation faced by the indigenous Ogiek community, who reside in and have long-standing ancestral ties to the Mau Forest Complex in Kenya. With a population of approximately 52,000 as per the 2019 census, the Ogiek people endure entrenched injustices and violations of their fundamental land and human rights, posing a grave threat to their livelihoods, cultural heritage, and overall well-being.
The violations against the Ogiek community in Mau forest have been ongoing despite favorable judgments from the African Court of Human Rights. In the landmark merits judgment issued on May 2017 (in which the Honourable Commission is Applicant), the African Court affirmed the Ogiek’s status as ancestral owners of the Mau Forest and declared that their rights to property, natural resources, culture, religion, development and non-discrimination had been violated. The Court’s judgment underscored the government’s obligation to recognize and protect the Ogiek’s land rights, ensuring their right to occupation and use of the forest. There was no evidence that the Ogiek have been responsible for the destruction of Mau forest.
The Ogiek community secured another significant judgment in June 2022, whereby the African Court ordered the Kenyan government to provide reparations for the damages inflicted upon the Ogiek. This included financial compensation for both material and moral losses, the granting of collective title to Ogiek ancestral land, full recognition of the community’s rights, and measures to ensure non-repetition of the human rights violations already suffered.
Neither of these judgments have been implemented or respected by the Government of Kenya, and human rights violations have continued.. In late 2023, the Ogiek of Sasimwani within the Mau Forest were forcefully evicted by the government of Kenya. Over 700 community members are currently homeless and are seeking refuge in a neighboring shopping center. Ogiek human rights defenders and community leaders bore the brunt of the violence during the eviction process, facing targeted intimidation and harassment by Kenya Forest Service (KFS) officers. On November 25, in a particularly sad incident, KFS officers unlawfully occupied Wilson Memusi’s compound in Sasimwani, destroying his house and erecting a tented camp which they are currently using as their base to conduct their operations. They subjected community members to degrading treatment, including verbal abuse and physical intimidation, while also confiscating fundamental humanitarian supplies intended for the affected community members. Such actions not only violated the human rights of the Ogiek but also undermined their dignity.
Similar incidents have unfolded in other parts of the Mau Forest, where KFS officers have resorted to confiscating Ogiek livestock and extorting money from community members in exchange for their release. This exploitative practice has further compounded the challenges faced by the Ogiek, depriving them of essential livelihood resources and perpetuating cycles of poverty and marginalization. Moreover, the indiscriminate denial of the Ogiek community’s access to forest resources violates their inherent rights and worsens their vulnerability, highlighting the urgent need for intervention and accountability.
Efforts by the Ogiek Council of Elders and by OPDP to engage with key government officials in order to discuss and halt the evictions and seek implementation of both African Court judgments have yielded no tangible results, underscoring the systemic disregard for the rights and concerns of the Ogiek community. This deliberate display of disregard further highlights the entrenched marginalization and lack of accountability within government institutions.
Currently, the Ogiek community finds themselves at the mercy of conservatory orders issued by local courts in Nakuru and Narok. These conservatory orders, intended to provide temporary relief and prevent irreparable harm, were granted by the courts in acknowledgment of the urgent need to safeguard the rights and well-being of the Ogiek people. However, despite the legal protections afforded by these conservatory orders, KFS has deliberately disregarded the authority of the courts and continued their aggressive actions against the Ogiek community. These actions are also in direct contravention of the African Court reparations judgment, which provided for non-repetition of the human rights violations already recognised in the merits ruling.
In light of these egregious violations, we urgently call upon the African Commission to take immediate and decisive action to push the government of Kenya to:
i. Implement the African Court judgments in full consultation with Ogiek leadership structures, including the Ogiek Council of Elders, Supervisory Committee and Ogiek Peoples Development Program, ensuring the comprehensive protection of the community’s rights;
ii. Stop all evictions and eviction threats to Ogiek community residing in Mau forest complex and allow the Ogiek community to enjoy their rights to access and utilize resource within Mau forest. iii. Respect the wishes of the Ogiek Council of Elders regarding settlement arrangements, including the provision of community land title for sustainable livelihoods and cultural preservation; iv. Provide robust protection and assurances to Ogiek human rights defenders, their families, and properties, safeguarding their ability to advocate for justice without fear of reprisal;
v. Request that the African Court hold an implementation hearing as a matter of urgency, in accordance with the provisions of the reparations judgment.
Statement delivered by Daniel Kobei,
Executive Director, Ogiek Peoples’ Development Program(OPDP)