centre for minority rights development and another v kenya communication 276 of 2003 2009 achpr 102 25 november 2009

centre for minority rights development and another v kenya communication 276 of 2003 2009 achpr 102 25 november 2009

The Endorois are a distinct indigenous people entitled to collective rights under the African Charter. Their forced removal from ancestral land, denial of access to religious and cultural sites, lack of adequate compensation, exclusion from benefit-sharing, and absence of effective participation violated Articles 8, 14, 17, 21, and 22. The encroachment was neither proportionate nor in accordance with national and international law. The state failed to ensure restitution, compensation, and participation as required.

Citation
centre for minority rights development and another v kenya communication 276 of 2003 2009 achpr 102 25 november 2009
Parties
Complainant: Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council; Respondent: Republic of Kenya
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
25 November 2009
Procedural Posture
Communication Before the African Commission on Human and Peoples' Rights / Decision on Merits After Admissibility and Full Submissions
Outcome
Complaint upheld. State found in violation of Articles 1, 8, 14, 17, 21, and 22 of the African Charter.
Legal Topics
Right to Property, Right to Culture, Right to Religion, Right to Development, Right to Natural Resources, Indigenous Land Rights, Forced Eviction, Compensation for Expropriation
Source Language
English
Human Rights Law Indigenous Peoples Law Property Law Administrative Law Right to Property Right to Culture Right to Religion Right to Development +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 24 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council

Complainant

Republic of Kenya

Respondent

Procedural Posture

Communication Before the African Commission on Human and Peoples' Rights / Decision on Merits After Admissibility and Full Submissions

Legal Issues

  1. 1 Whether the Endorois are a distinct indigenous community entitled to collective rights under the African Charter
  2. 2 Whether the forced removal of the Endorois from their ancestral land and denial of access to religious and cultural sites violated their rights under the African Charter
  3. 3 Whether the lack of adequate compensation and benefit-sharing for loss of land and resources violated the Endorois' rights

Ratio Decidendi

The Endorois are a distinct indigenous people entitled to collective rights under the African Charter. Their forced removal from ancestral land, denial of access to religious and cultural sites, lack of adequate compensation, exclusion from benefit-sharing, and absence of effective participation violated Articles 8, 14, 17, 21, and 22. The encroachment was neither proportionate nor in accordance with national and international law. The state failed to ensure restitution, compensation, and participation as required.

Court Disposition

Complaint upheld. State found in violation of Articles 1, 8, 14, 17, 21, and 22 of the African Charter.

Orders

  • Recognise rights of ownership to the Endorois and restitute ancestral land.
  • Ensure unrestricted access to Lake Bogoria and surrounding sites for religious, cultural rites, and grazing.