The Ogiek
An in-depth report by John Kamau, Rights Features Service

Appendix Part 2:

Kenya has signed several international treaties and declarations but is not fulfilling the obligations set forth. In this final part we look at the several clauses that Kenya has flouted. We have put the relevant statutes at the appendix as an annex. Similarly we have published the African Charter in its entirety hoping that it will give the

Top among them, Kenya is a signatory to the International Covenant on Civil and Political Rights (ICCPR) which is a legally binding covenant. Article 27 of the said Covenant states:

"In those States in which ethnic, religious or linguistic minorities exists, persons belonging to such minorities shall not be denied the right in community with the other members of their group, to enjoy their own culture, to profess and practice their own religion, or to use their own language".

The Covenant thus grants persons belonging to the minority the right to preserve characteristics which they wish to maintain and develop. The United Nations High Commissioner for Human Rights (UNHCR) has made it clear that the applicability of article 27 "is not subject to official recognition of a minority by a state".

States that have ratified the above Convention are thus obliged to ensure that all individuals under their jurisdiction enjoy their rights and this may require specific action to correct inequalities to which minorities are subjected.

United Nations clauses accord minorities, such as the Ogieks, special rights. These special rights are not privileges but are normally granted to make it possible for minorities to preserve their identity, characteristics and traditions. MORE>>



Ch. 1: Ogiek: History of a Forgotten Tribe
Ch. 2:
The Struggle Begins, The Struggle Continues
Ch. 3:
The Closed Society

Ch. 4:
Wanton Destruction
Ch. 5:
Promises and More Promises
Ch. 6:
Threats and Lies
Ch. 7
: The Court Battle
Ch. 8:
The Aftermath

Pt. 1:
The Ogiek Community Submission before the Njonjo Land Commission
Pt. 2: Epilogue
Pt. 3: Conclusions
Pt. 4: Recommendations

Annex 1: Declarations on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities
Annex 2
: The African Charter on Human and Peoples Rights
Annex 3:
Legal Instruments that Govern Land in Kenya

The Ogiek: The Ongoing Destruction of a Minority Tribe in Kenya Copyright © 2000 Rights News and Features Service. Citations on this document may be made freely but copyright is vested in Rights News and Features Service. Unless otherwise stated all the views expressed here are those of the authors and are endorsed by Rights News and Features Service, which is responsible for the content in this publication. First published in Nairobi by Rights News and Features Service, First Floor, College House, University Way, P.O. Box 63828, Nairobi, Kenya. Phone: +(254-2) 311724. E-mail: Copies of the report may be ordered from Rights News and Features Service.