Last Tuesday, Minority Rights Group International Legal Fellow Rebecca Marlin contributed a guest post on the failure of the Government of Kenya to take any meaningful steps to implement the groundbreaking “Endorois decision” issued in 2010 by the African Commission on Human and Peoples’ Rights. However, by Friday, the situation had improved, if only slightly.
My first notice came in a comment to a subsequent post by Sam Marigat, the head of the Endorois Welfare Council, but the news was also quick to make the Kenyan press. While the details remained nebulous, it seemed that the Kenyan Government had finally appointed the task force responsible for looking into the concrete modalities for implementation of the decision.
Today, a hat tip to colleagues at MRG, who have acquired a copy of the appointment order and given their first analysis of it in a press release. While the order is a welcome sign of progress, MRG has noted a number of serious concerns, not least the fact that the task force is not required to consult with the Endorois community, nor is there an Endorois representative included.
Meanwhile, the phrasing of the mandate, which refers to assessing ‘the practicability of restitution’ and ‘the potential environmental impacts on Lake Bogoria… of implementation’ leaves ample room for skepticism. While the appointment of the task force is a necessary and overdue step toward implementation of the ACHPR’s findings, it must be watched carefully to ensure that it does not simply become a means of thwarting them.
As Mr. Marigat pointed out in response to MRG’s original post, the signs have been grimly clear so far:
Our Kenyan government has not demonstrated any iota of commitment to implement the ACHPR recommendations. Some of the Endorois elders who suffered personal injury are either terminally ill or dead. We buried 2 recently.
An apology to TN readers for the sparseness of recent postings. It has been one of those periods where the non-blog related aspects of one’s life (there are a few) predominate and I am particularly grateful to recent guest bloggers such as Anneke Smit, Yulia Aliyeva, Roger Duthie and Megan Bradley for keeping things interesting. Most recently, Megan Bradley has teamed up again, this time with Mike Asplet, to co-author a very intriguing piece on how the new Kampala Convention deals with property issues in durable solutions.
I would also like to take this opportunity to announce a few upcoming guest-postings. These include a piece by Guido van Heugten based on his recent thesis on property restitution in Kosovo, as well as a co-authored update on land issues and de-mining by GICHD’s Sharmala Naidoo and UN-HABITAT’s Szilard Fricska. In addition, Ayla Gürel, with whom I previously collaborated on Cyprus research, will be introducing the PRIO Cyprus Centre’s innovative new project on tracking displacement and dispossession. Finally, I am hopeful that Anneke Smit may soon provide an update to her earlier observations on indigenous land ownership in Canada. And to top it off, I gather that Kaigyluu may once again be stirred to write on HLP issues in Kyrgyzstan.
With all that out of the way, there have been a number of developments on the housing, land and property front, and I would like to highlight just a few here. I am hoping that some of the involved parties may soon guest-post in more detail on them, but wanted to introduce them in brief and without further delay.
First, the Global Protection Cluster – the flagship body of the ongoing UN-led humanitarian reform process – has just launched a new website. Having migrated from the defunct humanitarianreform.org to the confusing oneresponse.info, it now has a home of its own. In addition to several thematic resources pages, the new site highlights the four GPC sub-working groups, or ‘areas of responsibility‘, including the UN-HABITAT-led AoR on housing, land and property issues. The HLP AoR site includes a useful overview of resources including both country-related and general references. While the former in particular still suffers from some notable gaps (Colombia?), it provides a very cogent set of references for other current HLP contexts and may be useful for practitioners and researchers alike.
Second, the most recent Annual Report by Minority Rights Group International focuses squarely on the issue of indigenous peoples’ rights to land and natural resources – an issue that has taken on an increasingly important role in light of the ongoing pressure on these assets from both national governments and private investors.
This week picks up a few interesting items from the end of last year as well as some more updated texts:
– Now that the referendum on South Sudan’s separation appears to have gone off peacefully, attention is turning to the contested territory of Abyei. As described in this NYT article, Abyei represents a microcosm of the North-South conflict but one which has, alarmingly, been left on the sidelines of last week’s putative solution. Here’s a sample:
“We will go to war over this,” said Rou Minyiel Rou, a veterinarian in Abyei. “This is about land, and we can’t compromise on land.”
– Anyone remember Osh? Fortunately Transitions OnLine does, and they released a series of reports last week on the aftermath of last June’s orchestrated attacks on Uzbek minority communities in this town in southern Kyrgyzstan. The first two reports focus squarely on land and property issues, including the plight of women left behind to safeguard destroyed family homes, and ongoing ethnic tensions over land access in the region. Against a chilling backdrop of arbitrary arrests of Uzbek men, the latter report notes that the reconstruction of Uzbek neighborhoods may not take place according to the victims’ preferences:
Other unsubstantiated claims center around the urban plan under discussion by city authorities. Few details have been released, but the plan is said to include building apartment blocks in place of the traditional family compounds where many Uzbeks live. Uzbek neighborhoods take up large areas of the city, particularly in central districts and around the famous Suleiman Mountain.
– Carl Soderbergh of Minority Rights Group International (MRG) wrote a two part report in the MRG Blog late last year on the threatened land rights of the Maasai in Tanzania. The first part of the report analogizes latter day practices of removing this indigenous group from the environs of a wildlife park with the colonial doctrine of terra nullius (sound familiar?) used to justify earlier annexations. The second part examines the violent expulsion of another group of Maasai from a wildlife sanctuary acquired on disputed legal grounds by the American tour operator Thomson Safaris. Fully 37 years after the facts that triggered the Endorois decision by the ACHPR in neighboring Kenya, this must be only one of many more such cases in the making.