Tanzania Case Law

commission africaine des droits de lhomme et des peuples c republique du kenya requete n 0062012 2017 afchpr 62 26 mai 2017

Court

TANZLII

Kenya violated the Ogiek’s rights under Articles 1, 2, 8, 14, 17(2) and (3), 21, and 22 of the Charter by failing to recognize their indigenous status, denying access to ancestral lands, expelling them without consultation or compensation, and restricting their cultural and religious practices. The violations were not justified by public interest or proportionate to environmental aims. The Court orders Kenya to remedy these violations and report on implementation.

Source excerpt

• Indigenous land rights
• Discrimination
• Right to property
• Cultural rights
• Freedom of religion
• Right to development

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

Court

ACHPR

The African Commission held that the Endorois are a distinct indigenous people and that Kenya’s eviction, denial of access, and lack of compensation violated the Charter.

• Right to property
• Right to culture
• Right to religion
• Right to development
• Right to natural resources
• Indigenous land rights

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bakweri land claims committee v cameroon communication 260 of 2002 2004 achpr 60 7 december 2004

Court

ACHPR

The African Commission held the Bakweri land claims communication inadmissible for failure to exhaust local remedies in Cameroon.

• Exhaustion of local remedies
• Indigenous land rights
• Right to property
• Right to development
• Discrimination
• Privatisation of state assets

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