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A joint Human Rights Situation
analysis of the Ogiek of Kenya
By: Ogiek Civil Societies
To be
Submitted to the Special Rappoteur Mr. Rodolfo Stevehagen
On December 8th, 2006
Introduction
Ogiek means ‘caretaker of all’ plants and animals. The Maasai
nicknamed them “iltorobo” which meant “poor person” without herds
of cattle.
They are a hunter gatherer group and solely depended on the forest
for food, medicine, shelter and preservation of their culture.
Ogiek being foresters and conservators of nature are found in
places where tress, birds and wild animals provide them with
psycholgical comfort.
The Ogiek are estimated to number approximately 20,000 people,
though no census has ever been done to clearly ascertain their
numbers.
The two census that have ever been in Kenya (1989 and 1999)
identified and counted the Ogiek as either Maasai or Kalenjin
speakers – two majority neighbouring groups.
Majority of Ogiek live in Mau forest, in the great Rift Valley
Province; i.e Nakuru district (Nessuit, Mariashoni, Sururu,
Kiptuga, Bararget, Tinet, Kiptagich Extension, Ndoinet and
Kiptororo), Narok district (Sasimwani, Sogoo, Lemek,
OloloipangiNkareta, Nkaroni) and Mt.Elgon District ( Chepyuk,
Chepkitale).
Due to their small number, the Ogiek have been an easy target for
all kinds of frustrations including land dispossessions.
Furthermore, because of their marginalized status and illiteracy,
they have not been able to speak and to be heard for the same
reason; everyone has ignored the fact that they too have rights to
life.
Some of the Human Rights violations experienced at the community
level include:
- Denial of constitutional
recognition of the Ogiek Community as a distinct separate tribe.
The Kenyan constitution and the reports from the Ministry of
home affairs indicates that there are 42 tribes in Kenya. Like
other hu nter gatherer communities in Kenya, the Ogiek are not
included in this number.
- Some laws and policies have
criminalised Ogiek culture. Between 1930 and 1935, a Carter Land
commision constituted by the British Colonial government
recommended that the Ogiek and other hunter gatherer groups be
assimilated into the communities they neighbour. Subsequent
wildlife and forest laws outlawed huting and gathering thus
effectively criminalising the Ogiek hunting and gathering
cultures. New laws e.g the Forest Act 2005, do not also cater
for the interests of hunter gather communities as primary rights
holders to their forest lands. The above law, for example,
prescribes that communities, including forest communities must
register as forest associations and enter into management
agreements with the government before they can be given the
right to control forest lands – a ridiculous situations for
communities whom such forests have always been their homes!
- Lack of and denial justice. The
Ogiek have on numerous occasions approached the Kenyan courts to
seek justice. But for ulterior reasons, non of their cases have
been successful and even on the rare occasions that decisions
have been in their favour, they have never been enforced by the
government.
- Lack of representaion: - No
Ogiek community member has been appointed to represent their
plight in the political circle and because of their low
populations, they can never be able to elect one of their own.
They are also unable to access employment opportunities. At the
moment, less than 20 Ogiek have been employed by the government
and the jobs are at low key positions.
- Frequent excisions of their land
for crop plantations, logging and ressettlement of other
communities have resulted to frequent evictions and displacement
of the Ogiek. The excissions have been conducted from 1973
-1989, 1993-1999 and the latest 2001 – 2005. These have been
carried out in Tinet, Chepyuk, Sogoo, Enosupukia, Bararget and
Sururu. As a result of these dislocations and displacements the
Ogiek have been denied their security, education, employment and
opportunity to grow as productive citizens. During the evictions,
schools have been burnt down while others closed. For instance
Sotiki Primary and Kapongoi (burnt) Kiptororo, Kiptunga,
Bararget and Tinet - closed.
- Logging activities in the Mau
forest constitute the biggest threat to Ogiek cultures and
livelihoods. The licensed and unlicensed logging activities not
only also threaten the biodiversity of the forest but are
leading to the rapid drying up of rivers and lakes e.g. Lake
Nakuru, Elementaita and Naivasha. The Mara River that sustains
the Maasai Mara Game Reserve – one of the intended Seven Wonders
of the World is also threatened.
- Denial of basic services by
design is also a direct result of discrimination against the
Ogiek people. For example, there is no single hospital in all
Ogiek lands.
- Frequent arrests and
intimidation of Ogiek leaders and community members is also a
major problem.
Impacts of the Human Rights
Violations to the community.
The various human rights violations have resulted in:
- The community losing their
ancestral lands and natural resources.
- Lack of equality before the law
or equal protection of the law.
- The rapid and total loss of the
Ogiek culture. Their language is particularly threatened.
- High levels of illiteracy
despite a free primary education initiative started by the
current government. Ogiek girls are the most disadvanteged.
Infact, there no Ogiek female graduate.
- High levels of poverty because
of lack of acces to land, education and other assets.
- Low life expectancy and high
infnt mortality rates due to lack of access to medical
facilities.
- Lack of infrastucture to spur
development activities therefore inability to attain the MDGs.
Recommendations
We therefore recommend that:
- The Kenya Government should
develop policies that recognize the existence of indigenous
people in Kenya and urgently ratify international instruments
that address the rights of Indigenous Peoples.
- The government be urged to
involve indigenous people in decision making processes.
- The UN must implement programs
designed to promote indigenous knowledge.
- The UN should facilitate human
rights education and monitoring in Indigenous peoples
territories.
- The SR to urgently urge the
government of Kenya to facilitate Ogiek Civil society groups to
map Ogiek territories.
- The SR should urge the
government speedily resolve land issues by allowing the Ogiek to
permanently reside in the ancestral land- the Mau forest complex.
- That the government of Kenya
should urgently put in place measures to protect and promote
traditional knowledge systems and genetic resources.
- That continued logging and
plantation farming in Mau forest be stopped urgently.
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