Centre for Minority Rights Development (“CEMIRIDE”) (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council v. Kenya

Abstract

1Territory — Indigenous people — Endorois community in Kenya — Kenya forcibly removing Endorois from ancestral land to create game reserve — Endorois community seeking redress — Whether Endorois distinct community — Definition of indigenous peoples — Consideration of subsidiary sources of international law or general principles in determining rights under African Charter — Relevant criteria — Sacred relationship to land — Self-identification — African Charter on Human and Peoples’ Rights, 1981 recognizing rights of peoples — Indigenous rights — Whether Endorois having collective rights — Right to practise religion — Right to property — Right to culture — Right to free disposition of natural resources — Right to development — African Charter on Human and Peoples’ Rights, 1981, Articles 8, 14, 17, 21 and 22 — Whether Kenya violating African Charter by forcibly removing Endorois from ancestral lands without proper consultation and adequate compensation — African Commission’s recommendationsHuman rights — Right to practise religion — Whether Endorois’ spiritual beliefs and ceremonial practices constituting a religion under African Charter and international law — Whether Kenya interfering with Endorois’ right to religious freedom by its actions or inactions — Whether Kenya violating Article 8 of African Charter on Human and Peoples’ Rights, 1981Human rights — Right to property — Indigenous land rights — Whether land constituting property — Ownership of ancestral land — Whether special measures of protection appropriate — Whether Endorois land encroached upon by Kenya — Whether encroachment proportionate to public need and in compliance with national and international law — Whether adequate consultation and compensation — Whether Kenya violating Article 14 of African Charter on Human and Peoples’ Rights, 1981Human rights — Right to culture — Requirement for State to protect and promote culture — Whether Kenya creating major threat to Endorois’ pastoralist way of life by displacement from ancestral land — Whether Kenya violating Article 17(2) and (3) of African Charter on Human and Peoples’ Rights, 1981Human rights — Right to free disposition of natural resources — Ownership of natural resources — Consultation — Participation in benefits — 2Prior environmental and social impact assessments — Requirement of adequate compensation or restitution of land — Whether Kenya violating Article 21 of African Charter on Human and Peoples’ Rights, 1981Human rights — Right to development — Whether Kenya providing adequately for Endorois in development process — Whether consultation adequate — Whether Endorois effectively participating — Whether adequate compensation — Whether Endorois accorded land of equal value — Whether Endorois having equitable share in benefits from game reserve — Whether Kenya violating Article 22 of African Charter on Human and Peoples’ Rights, 1981