>
> OGIEK JUU
> ("Ogiek up!" in KiSwahili)
>
> Landmark Victory for the Ogiek and Justice delivered by the African Court
>
> By Venatrix Fulmen
>
> The African Court on Human and Peoples Rights, at its 45th session on 26
May 2017 in Arusha/Tanzania, delivered a long-awaited and unanimous
judgement against the Kenya government in a case brought before it by the
Ogiek indigenous people.
>
> The African Commission on Human and Peoples Rights had filed the case as
the applicant and did proof the consistent violations and the denial of the
human and land rights of the Ogiek by the respondent - the Republic of
Kenya as state and governance.
>
> Already in November 2009, when the Kenyan Forest Service (KFS) had
delivered a potentially fatal blow against the Ogiek with the gazettment of
an eviction order in October 2009 against the Ogiek and anyone else to
vacate the ancestral homeland of the Ogiek - the Mau Forest Complex -
within 30 days, the African Court had issued an order to suspend the
implementation of the eviction notice.
>
> In March 2013, the African Court issued an additional provisional
measures order requiring the Kenyan Government to stop any 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, however,
has never been respected by the Kenyan state organs.
>
> After dismissing the numerous objections of the government of Kenya, the
African Court delivered today in Arusha a comprehensive judgement and the
very clear ruling, read out over almost 2 hours by Hon. Justice Agustino
Ramadani - the former President of the African Court.
>
> The court found that the government of the Republic of Kenya illegally
evicted members of the Ogiek community from the Mau Forest and has
continuously violated the rights of the Ogiek - as it has been documented
over many years - under Articles 1, 2, 8, 14, 17 (2/3), 21 and 22 of the
African Charter on Peoples and Human Rights.
>
> The Republic of Kenya has been given 6 months to implement the required
remedies.
>
> The court also ruled that concerning the now applicable demand for
reparations as well as compensations and costs the Ogiek have 90 days to
file an application and the Kenya state has adequately 90 days to respond
to the demands. After this period the African Court will rule on the
reparations to be awarded to the Ogiek community and its victims of abusive
state power.
>
> The Ogiek, a people of hunter-gatherer culture, who as forest dwellers
lived in their aboriginal homeland - the Mau Forest Complex - since times
immemorial, as well as ECOTERRA Intl., who stood by the Ogiek since 1986 in
their struggle even during the post-election violence 2008/9 when several
Ogiek were killed, as well as other important supporters like Friends of
Peoples close to Nature (fPcN-interCultural), MRG and CEMIRIDE, welcomed
the ruling as a fair and just land-mark ruling with significant
implications also for other First Nations in Africa.
>
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