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OGIEK struggle - update
09.01.2001
- Kenya Land Alliance offers support to Ogiek struggle
- Kenya Police stops Ogiek cultural festival
- Who will save the Ogiek and their Mau Forest Complex?
Most of you on this list have
supported in the last years the Ogiek in various ways. A big THANK
YOU! But:
Though international campaigns and court injunctions stopped again
and again the governmental eviction orders against the Ogiek, one
of the last traditional people with hunter-gatherer culture in
Kenya, and an appeal to the highest Kenyan Court against what has
been termed the "Green Smokescreen Ruling" was granted,
the struggle of the Ogiek to be just left in peace within their
ancestral forest home, is far from over. Please read on and let us
know how you could provide proactive support to these true
aboriginal people of Kenya. Only the traditional Ogiek are able to
and therefore shall lead their struggle for self-determination and
the preservation of their rights in their ancestral lands, but
they need every support, who respects their will.
"We don't need supporters, who
want to lead us, we don't need followers, who just slow our pace -
we need true allies and friends, who stand strong and together
with us - and we need them now more than ever!"
W.Ch. TUYIA (Ogiek from Mau)
Peoples in Wildlands
ECOTERRA Intl.
Nairobi Node
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Dear Colleagues,
The Kenya Land Alliance (KLA), wish to join the Ogiek people in
their struggle for their habitat and their endeavours to save
whatever is environmentally possible of degraded Mau forest.
<snip>
The Ogiek Welfare Council has good idea, but it requires more than
it can undertake on its own.
Having been in the company of those
who had travelled to Marishioni for the Ogiek Cultural event that
was stopped by the police, I wish to urge Kenya Advocacy NGOs to
think of a major campaign in support of the Ogiek struggle for
their permanent habitat and enjoyment of their social, economic
and cultural rights.
Principally, let us join hands as
defenders of human rights.
Yours Sincerely,
Odenda LUMUMBA
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Mariashoni/Kenya. 31st. Dec 2000
POLICE STOPS OGIEK CULTURAL
FESTIVAL AGAIN
Police on Sunday morning broke up a
cultural festival turning away more than 600 people who were
dressed in traditional regalia singing ceremonial songs outside
Chief Tiwas Cultural Resource Center and Indigenous Tree Nurseries
. The participants mainly old men and women who reported as early
as 9.00 am were shocked to find a contingent of more than 60 armed
combined forces of regular and administration police. “ We have
instructions from above not to allow this festival to go on. The
president is very bitter about the Ogiek and therefore I cannot
risk allowing you. I order this meeting illegal and you therefore
disperse” Officer Commanding Police Station (Elburgon Station)
Inspector Otundo ordering old men and women who had turned up for
the Festivals.
The Ogiek Cultural Festival was
organized by Ogiek Welfare Council (OWC) and cancelled for the
second time in one month. The festival was postponed 3 weeks ago
on request from the government. “ The law in this country is
applied selectively, it is used to suppress the weak and protect
the mighty and powerful ” Mr Towett commenting on the
governments action while at the same day the president is
presiding over a similar festival in western Kenya. At the same
time, some cabinet ministers and powerful politicians all over the
country in different regions were celebrating similar festivals.
The Ogiek have vowed to hold
similar festival as part of bringing together the Ogiek community
who have stayed in isolation on matters affecting them for very
long time.the OWC has pledged to assist the community in
organizing the festival.
The local District Commissioner Mr ole Sirian has send a message
that he would like to talk to OWC officials over the matter.
Outcome of the meeting will be send to you latter.
Reports Sang J.K
OWC
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WHO WILL SAVE THE OGIEK AND THEIR
MAU FOREST COMPLEX?
From the ongoing on the ground and
the stronger plans by the government to degazzette Mau forests.
We the Ogiek are left with the option of filing our suit in the
INTERNATIONAL COURT OF JUSTICE under rule 86 which is a form of
permanent injunction. We shall be seeking the UNHRC to
liaise with the Kenyan authorities to investigate issues on the
ground and make recommendations on the Ogiek plight. Our
reasons of going this far are:-
1.Our faith in our court's systems
diminishes each an every day we see its order being violated.
2.There is constitutional review process where our hopes lies
since our problems emanate from a constitutional omission.
3.Current political stand, the succession debate and the
preparation for the 2002 elections.
4.The government impending plans of degazzetting the area in
dispute which to them is a secret weapon of removing the remaining
obstacle in their final plans of legitimizing the settlement
process and thus extinguish the Ogiek rights of claimance.
5.The Njonjo Commission of the Inquiry into the land laws systems
in Kenya and make recommendations which is expected to file its
reports in two years time.
6.The Forest bill 2000. The degazzettement is set to be done
before the Forest Bill 2000 is debated and passed into an act
as it seek to reduce the powers of the ministers on forest
decision making. The current act vest alot of power in the
minister to gazette and degazzette the forests without
consultation.
7.To see the possibility of enforcing the universal declarations
of human rights.
8.The unfolding events are a clear indication that the Provincial
Administration are out not only to solve but also to run our
affairs politically.
9.That the Ogiek case No. 635/97 has either been withdrawn
secretly or a conclusion have been reached by government on what
judgment to pass on the same. Hence the confidence for the
activities on the grounds in which the government partakes through
its agents.
From the above reasons it is very
clear that the prophets of doom have sound their trumpets on the
Ogiek. The reasons for the government opposing the Ogiek
Cultural Festival could be cited as:-
1.The continued disobeyance of the
court order by the administrators. This is clearly indicated
by the current presence of the surveyors on the ground carrying
out the demarcation and allocation in total violation of the court
order stopping the same.
2.The destruction and degradation of the environment is set not be
visible and thus highlighted by the media house.
3.They are opposed to the council's development agenda which they
have always viewed with suspicion.
4.The Ogiek have always been made to appear as squatters by the
government and thus rule out the possibility of the Ogiek claiming
their identity, culture or existence and thus extinguishing their
rights of claiming ancestral lands.
5.The provincial administration have always wanted not only to
solve but also run the Ogiek affairs politically and hence, no
room for challenge as it is at present.
6.The settlement scheme in question has been both legally and
economically confusing with no government paper, policy and law
supporting its basis. This is what the government is trying
to achieve through its degazzettement plans.
APPEAL
We are appealing to our brothers and well wishers to come in aid
of the Ogiek and help them protect Mau Forest Complex from the
Government greed. Assist us morally, financially and
materially. By doing so, you are saving our country Kenya
from possible environmental disaster. And for those who do
not know, the scheme in question was plan and executed in bad
faith. To the Ogiek, it is a political way of killing the
Ogiek language, culture, traditions and identity. In short,
it is an assimilation program.
NB: Although we have crossed
over to the 21st century, we are breathing our last the soonest if
the trend is not halted.
"The taking away of our lands
has cut the very heart of our existence"
By J.K. Towett
Constitutional Rights Program
Ogiek Welfare Council
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To directly contact the OWC mail
to:
"OGIEK WELFARE COUNCIL" <ogieknet@africaonline.co.ke>
To contact the independent Ogiek
support group within the
PEOPLES IN WILDLANDS programme mail to: ogiek@ecoterra.net
attn.: Mr. W.Ch.Tuyia - Ogiek Support Group
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