African Court to Deliver Landmark Judgment on Ogiek Community Land Rights Case Against Kenyan Government

African Court to Deliver Landmark Judgment on Ogiek Community Land Rights Case Against Kenyan Government

     by Minority Rights Group International

The African Court on Human and Peoples Rights, at its 45th session on 26 May 2017 in Arusha, will deliver a long-awaited judgment on a case brought before it, by the Ogiek indigenous peoples against the Kenyan government, for consistent violations and denial of their land rights.

‘This case is of fundamental importance for indigenous peoples in Africa, and particularly in the context of the continent-wide conflicts we are seeing between communities, sparked by pressures over land and resources,‘ says Lucy Claridge, Minority Rights Group International’s (MRG) Legal Director. ‘Ultimately the Court will be ruling on the crucial role of indigenous peoples in the conservation of land and natural resources, and consequently, the mitigation of climate change in a region currently ravaged by drought and famine.’

The Ogiek, 35, 000 of whom are the victims in this landmark case, live in the Mau Forest Complex in the Rift Valley of Kenya. They are one of the last remaining forest-dwelling communities and among the most marginalised indigenous peoples in Kenya. They allege eight violations of their rights to life, property, natural resources, development, religion and culture by the Kenyan government under the African Charter on Human and Peoples’ Rights, to which Kenya is a signatory.

This is the first time the African Court, in operation since 2006, will rule on an indigenous peoples’ rights case and is by far the largest ever case brought before the Court. It was originally lodged with the African Commission on Human and Peoples’ Rights, but was referred for the first time in history to the Court on the basis that it evinces serious and mass human rights violations. MRG, Ogiek Peoples’ Development Program (OPDP) and CEMIRIDE were the three original Complainants before the African Commission.

‘This judgment will be a huge milestone for the Ogiek community. We are optimistic that it will be positive, and crucially, that it will be respected by the Kenyan government, including implementation, so that Ogiek can feel complete and enjoy all the basic rights like every other Kenyan,’ says Daniel Kobei, Executive Director of OPDP.

The case was heard by the Court in November 2014. MRG delivered an oral intervention on behalf of the original Complainants, whilst two Ogiek community members and other expert witnesses gave testimony. MRG supported 25 Ogiek community members to attend the hearing, and supported a further 40 to view the hearing in Kenya via a live stream from the Court.

In March 2013, the African Court issued a provisional measures order requiring the Kenyan Government to stop land transactions in the Mau Forest and refrain from taking any action which would harm the case, until it had reached a decision. This order unfortunately has not been respected.

For decades the Ogiek have been routinely subjected to arbitrary forced evictions from their ancestral land in the Mau Forest by the government, without consultation or compensation. This has had a detrimental impact on the pursuit of their traditional lifestyle, religious and cultural life, access to natural resources and their very existence as an indigenous people. The Ogiek have a spiritual, emotional and economic attachment to the forest. They rely on it for food, shelter and identity.

Learn more

For more information please contact:

Lucy Claridge, MRG Legal Director (English, French)
M: +44 (0) 7866 741922

E: lucy.claridge@mrgmail.org

Kanyinke Sena, MRG Kenya Advocacy Officer (English, Swahili)

M: +254 725288402

E: kanyinke.sena@mrgmail.org

Daniel Kobei, Ogiek Peoples’ Development Program Executive Director (English, Swahili)
M: +254 722433757
T: +254 512213803
E: dkobei@yahoo.com / opdp@ogiekpeoples.org

Leaked Report Reveals WWF Knew About “Pygmy” Abuse

Featured image: Without access to their ancestral land, the Baka’s health has deteriorated and they face an uncertain future. © Survival International

     by Survival International

An internal report commissioned by the World Wildlife Fund (WWF) into the impact of its conservation work in Cameroon on Baka “Pygmies” has been leaked after WWF denied it existed. It reveals:

—WWF knew that the Baka had not been consulted over the national parks which have taken over their land. However, the organization has since maintained publicly that there was “a high level of … community consent.”

—Some ecoguards patrolling the area “behave like masters and lords” towards the Baka, mounting “crackdowns” that are “terrifying.” Despite this, a WWF spokesman described the ecoguards as “performing their designated function of protecting the forests and securing the access and areas of forest communities, including … the Baka.”

—Many perpetrators of abuses are not disciplined when violations are reported by the communities “despite the communities’ condemnation, with proof.” WWF, however, continues to say publicly, “When unacceptable behavior has come to WWF’s attention… WWF has taken the issue up directly and emphatically with [the government], and improved behavior has seemed to follow.”

—“Most of the local villages are affected [by ecoguard abuse]” – but WWF maintained in a written submission to the OECD that “the possibility of ecoguard abuse does not currently seem to be a high priority for most Baka communities.”

This Baka man was beaten by guards. Survival has spoken to dozens of similar victims across the Congo Basin.
© Survival International

Contrary to its own guidelines, WWF has never released the report, despite requests from Survival International and Baka activists. In an interview with the environmental magazine Mongabay, WWF’s “Head of Issues Management” Phil Dickie denied that WWF had commissioned any investigation into Survival’s allegations.
Survival International lodged a formal complaint in February 2016 with the Swiss National Contact Point of the OECD over WWF’s activities in Cameroon. The complaint was admitted in December 2016, the first time a non-profit organization has been scrutinized in this way.

One Baka man said: “The forest used to be for the Baka but not anymore. We would walk in the forest according to the seasons but now we’re afraid. How can they forbid us from going into the forest? We don’t know how to live otherwise. They beat us, kill us and force us to flee.”

Survival’s Director Stephen Corry said: “WWF commissions a report to look into its effect on the Baka, presumably including claims of abuse committed by the ecoguards it funds. The report confirms the abuse is widespread and routine. WWF then denies the report exists. It’s time for this big conservation organization to square up to the responsibilities it has to those who have seen their land stolen for conservation. And it’s time the world woke up to the horror that’s going on in the name of conservation. It’s not just Cameroon and not just WWF: the conservation industry has a history of taking tribal people’s land. It’s green colonialism and we’re doing all we can to fight it. Many conservationists know that tribal peoples are the best guardians of the natural world which is why the big conservation organizations should start listening to them rather than conspiring in their destruction.”

See here for a comparison of what WWF’s internal report says about Baka abuse with what WWF have said publicly, and what the Baka say. The full report is available on request.

“Pygmy” is an umbrella term commonly used to refer to the hunter-gatherer peoples of the Congo Basin and elsewhere in Central Africa. The word is considered pejorative and avoided by some tribespeople, but used by others as a convenient and easily recognized way of describing themselves.

Nineteen “Pygmy” Communities Denounce Conservationists Over Evictions and Violence

Featured image: The Congo Basin tribes have lived sustainably in the forests of central Africa for generations.
© Selcen Kucukustel/Atlas

     by Survival International

In an unprecedented protest, 19 “Pygmy” communities in central Africa have denounced conservation projects on their land. Eleven of the communities have urged conservationists to stop funding the anti-poaching squads who have abused them.

The Worldwide Fund for Nature (WWF) and the Wildlife Conservation Society (WCS) – two of the world’s biggest conservation organizations – have helped to create protected areas in the region from which tribal peoples have been illegally evicted.

The Baka and Bayaka “Pygmies” and their neighbors have endured years of violence, intimidation and abuse as a result of these conservation projects in Cameroon, the Congo, and the Central African Republic. But the organizations behind them, including WWF and WCS, have failed to change their approach, and continue to fund the squads.

Ndoye, a Baka woman from Cameroon. Five people are reported to have died in her community alone at the hands of WWF-funded wildlife guards.
© Survival

In one letter Baka said: ”How are we going to survive in this world? We say to those who are giving money to [the conservationists]: ‘Do you want them to kill us?’ We no longer live well.”

Bayaka from the village of Socambo, said: “Despite the money that you provide to conserve the forest, we don’t benefit at all. Our ancestors lived perfectly well in this forest… Please think of us poor indigenous people who use our forest. We are fed up with how the project has cut us off from the forest.”

Bayaka from Mossapoula said: “We … are suffering a lot because of conservation. The guards threaten us, beat us, steal from us, even outside the park. And yet we have the right to enter the park. We ask you to come to Mossapoula before continuing your funding in order to hear our problems and seek our consent.”

Saki, a Bayaka woman whose husband was found murdered in the forest. From evidence at the scene, the family is convinced that he was killed by wildlife guards.
© Survival

The Bakwele chief of Ndongo said: “WWF has been coming here since 1996. We used to be very happy. But now we find ourselves marginalized and tormented in every way… We here are now only living on rice, really. Sir, your agents are very, very aggressive and we don’t want them to come here any more.

“In short, to those funders: if you have any projects, come to the field yourselves. I repeat: your agents are not here for work but for corruption. The guards have become the real poachers. They no longer respect the park limits. We no longer have access to the park.”

“Pygmies” face harassment and beatings, torture and even death while big game trophy-hunting tourists are encouraged. Tribal peoples are illegally evicted from large parts of their ancestral land and forced to live on roadsides where poverty and disease are rife. They have faced violence and plummeting health standards in the name of conservation – while WWF and WCS partner with logging companies like Rougier, CIB and SINFOCAM.

Survival’s Director Stephen Corry said: “As these powerful statements from “Pygmies” show, conservation projects are proving deadly for tribal peoples in the Congo Basin. As they see it, WWF and WCS have taken their land, ignored their rights, and continue to fund those abusing them. WWF and WCS have turned natural allies of conservation into its victims. The big conservation organisations really must start listening to these tribal peoples.”


Cameroonian wildlife guard Mpaé Désiré, who in 2015 was accused of beating Baka and in 2016 was arrested for involvement in the illegal wildlife trade.
© Facebook

Background briefing
– WWF has been active in the Congo Basin for decades. Survival first raised concerns over its proposed projects in 1991.
– The region is home to dense rainforests and several iconic species, including the giant pangolin, lowland gorilla and forest elephant. Tribal peoples like the Baka and Bayaka have been dependent on and managed this environment for generations.
– According to European Union reports, no logging activity in Cameroon is being carried out lawfully. Despite this, WWF has entered into partnerships with several companies who are active in the region.
– WWF cites the need to protect wildlife from poachers as the justification for funding, training and equipping wildlife guards. However, several of these guards have themselves been involved in the illegal wildlife trade. Earlier this year, for example, one guard, Mpaé Desiré was arrested for involvement in the illegal wildlife trade.
– A Baka man told Survival: “Guards used to open tins of sardines and leave them as bait to attract leopards, so they could hunt them for their skins.” Rainforest tribes have unparalleled knowledge of their environment, but WWF has instead put its faith in armed guards and corrupt officials.

Tribal peoples have been dependent on and managed their environments for millennia. Their lands are not wilderness. Evidence proves that tribal peoples are better at looking after their environment than anyone else. They are the best conservationists and guardians of the natural world. They should be at the forefront of the environmental movement.

But tribal peoples are being illegally evicted from their ancestral homelands in the name of conservation. The big conservation organizations are guilty of supporting this. They never speak out against evictions.

The big conservation organizations are partnering with industry and tourism and destroying the environment’s best allies.


Watch: Baka describe beatings and abuse at hands of anti-poaching squads.
“Pygmy” is an umbrella term commonly used to refer to the hunter-gatherer peoples of the Congo Basin and elsewhere in Central Africa. The word is considered pejorative and avoided by some tribespeople, but used by others as a convenient and easily recognized way of describing themselves

Billionaire’s elephant-hunting safaris implicated in “Pygmy” abuses

Billionaire’s elephant-hunting safaris implicated in “Pygmy” abuses

Featured image: World Wildlife Fund trustee Peter Flack with dead forest elephant.  © Survival International

     by Survival International

Survival International has learned that an elephant-hunting safari operation jointly owned by a French billionaire has been implicated in human rights abuses against local Baka “Pygmies” and their neighbors, including illegal evictions and torture.

The operation is based in two “protected areas” in Cameroon, leased by Benjamin de Rothschild. It offers tourists the chance to pay €55,000 to shoot a forest elephant.

Baka were evicted from their ancestral land to create the trophy hunting operation, contrary to international law. It is patrolled by soldiers, police and armed guards, and Baka have now been told they will be shot on sight if they cross it to hunt to feed their families, gather plants, or visit religious sites.

The Baka report that three of their forest camps have been burnt by wildlife guards and safari camp employees in the last year alone. Baka men hunting for food in this forest have been beaten by local police, soldiers and wildlife guards.

Benjamin de Rothschild, joint owner of a luxury elephant-hunting operation on Baka land © JeuneAfrique

Benjamin de Rothschild, joint owner of a luxury elephant-hunting operation on Baka land
© JeuneAfrique

One Baka man told Survival: ”They told me to carry my father on my back. I started walking, [the guard] beat me, he beat my father. For three hours, every time I cried out they would beat me, until I fainted and fell to the ground with my father.”

Another Baka man said: “When the trophy-hunting company finds us here they burn the camps. They beat us, they search for us, they set their dogs on you, their guns on you.”

A third Baka said: “The trophy-hunting company said that if they see anyone [in the forest] bullets will fly. Now those who have family there have gone to get them out. How will we live now?”

Survival contacted Mr. de Rothschild informing him of reports of serious human rights abuses having been committed to maintain the trophy-hunting operation, but has received no reply.

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The Worldwide Fund for Nature (WWF) is very active in Cameroon, and the trophy-hunting “protected areas” form part of one of their key “conservation landscapes.” WWF has yet to comment on the allegations, or say whether it proposes to take any action.

One booking operator told Survival that: “All our luxurious fully equipped forest camps are solid construction, air conditioned with private chalets with full bathrooms and dressing parlors. Delicious multi-course cuisine is served with top shelf European wines and beverages… Our newest forest camp has a large screened in swimming pool.”

Watch: Baka plead for forest guards to leave them in peace.
© Survival International
Across the region, Baka “Pygmies” and their neighbors are being evicted from their ancestral homelands and face arrest and beatings, torture and even death while big game trophy-hunting is encouraged. WWF trustee Peter Flack has also hunted elephants in the region.

Survival’s Director Stephen Corry said: “Across Africa, rich trophy hunters are welcomed into the same areas where tribal hunters are illegally evicted from their ancestral homelands and brutalized for hunting to feed their families. This has to stop. Conservation in the Congo Basin is land theft, a continuation of colonialism. It leads to widespread and horrific human rights violations, including extrajudicial killing. Why are so few people speaking out? Survival is leading the fight against these abuses. Conservationists must respect human rights like everyone else is supposed to.”

Click here to find out more and take action.

This is not an isolated incident. Across Africa, tribal people are accused of “poaching” because they hunt to feed their families. And they face arrest and beatings, torture and death, while big game trophy hunters are encouraged. Survival International is leading the fight against these abuses.

Note: “Pygmy” is an umbrella term commonly used to refer to the hunter-gatherer peoples of the Congo Basin and elsewhere in Central Africa. The word is considered pejorative and avoided by some tribespeople, but used by others as a convenient and easily recognized way of describing themselves.

Investigating the Lake Turkana Wind Power Project

By Intercontinental Cry

Lake Turkana Wind Power is the largest private investment in Kenya’s history. Danish and international companies and investors have already sunk millions of euros into the project. But they now await a court decision that will determine whether the land on which the turbines will be built was illegally acquired.

Most communities in Lake Turkana approve of the wind power project, but there are claims from the Turkana, Samburu, Rendile and El Molo that the consortium behind the project failed to carry out consultations prior to acquiring land in 2007. The consortium, meanwhile, claims that 3 out of 4 tribes in the project are not Indigenous Peoples. The consortium also denies any wrongdoing, claiming that the plaintiffs in the ongoing court case do not represent the Turkana, Samburu, Rendile and El Molo.

The independent media and research center Danwatch recently visited Northern Kenya to get a closer look at the impacts of Kenya’s largest-ever private investment.

Read the entire Danwatch investigation here