The judgement of the Ogiek Case reparations hearing started today 23rd June 2022 at 11:09 am in Arusha, Tanzania.
Summary of the Ogiek Reparation judgement:
1) African Court judges unanimously dismissed all state objections.
2) African Court orders Government of Kenya to grant collective title to the Ogiek Community through delimitation and demarcation
3) The African Court orders Government of Kenya to fully recognize the Ogiek Peoples within 1 year of ruling;
4) The Court ordered Government of Kenya to recognize and respect the Ogiek right to effective consultation in accordance with traditional institutions on conservation & development on Ogiek land;
5) The African Court called for full publication of both May 2017 judgment and the Reparations judgment in official gazette
6) African court ordered Government of Kenya to pay Ksh 57 million for the material prejudice and KSh. 100 million moral damages suffered by the Ogiek people.
https://twitter.com/kobskobei/status/1539865781806170112
Judge Ben Kioko, who has served at the African court since July 2012, excused himself from the bench considering that his home country was the respondent on the Ogiek case.
The Ogiek Case application no. 006/2012 was ruled in 2017 but the reparations hearing is happening today.
The Ogiek Case reparations decision was delivered by Hon. Lady Justice Stella Anukam (Judge of the Court).
https://twitter.com/court_afchpr/status/1539884801016094721
The African Court on Human and Peoples’ Rights (ACHPR) is the applicant in the Ogiek Case.
The Kenya Forest Service had issued a 30 days notice for the Ogiek people to leave the Mau forest. This is what triggered the filing of a case at the African Court.
According to the African court the government of Kenya failed to consider the importance of the Mau forest on the survival of the Ogiek people.
The court pronounced itself as follows:
- The Government of Kenya had violated articles 1,2,8,14, 17 and 21 of the Charter.
Prayers of the parties:
Ogiek People
- To undertake the delimitation and demarcations of the Ogiek land within one year of the notifications;
- Promote dialogue between the parties (KFS, GoK and the Communities) on benefit sharing from commercial activities for the Ogiek people;
- Pay the $297 million in damages to the Ogiek Community within no more than 1 year of reparations ruling date;
- Create a community development fund for the benefit of the Ogiek people;
- Ogiek people to be effectively consulted in line with their traditions on development projects on Ogiek land;
- Provide for full consultations and participation of the Ogiek people for restitution Ogiek land;
- These processes to be completed within one year of the reparations hearing;
- Fully recognize Ogiek people as an indigenous community in Kenya;
- Publicly issue a full apology to the Ogiek in a newspaper and radio with national coverage;
- Erect a public monument to recognize Ogiek rights;
Government of Kenya responses to the pleas of Ogiek community:
- Establishment of a multi-agency task-force was a sign of state commitment to solve the Ogiek issues;
- The Ogiek Community mapping of their land is not credible;
- Differed on compensation currency, the applicant asked for compensation in USD (a foreign currency) instead of the KES;
- There is no basis for erection of the monument since the Ogiek people do not have a practice of monument erection;
- The award of reparations made by the court must take into account the situation of the respondent country;
- Only the Ogiek Council of Elders can speak on behalf of the Ogiek not the African Commission or other international organizations;
The African Court dismissed all the respondent state objections.
African Court ruling on Ogiek Case reparations
The African Court orders the Government of Kenya to pay KES 57,850,000 free from any taxation for the material prejudice suffered by the Ogiek people.
African Court orders the Government of Kenya to pay KES. 100 million to the Ogiek people free from any government tax for moral prejudice of the Ogiek People.
The government of Kenya to identify and demarcate Ogiek land in consultations with the Ogiek for the Ogiek’s use and enjoyment.
To explore the Benefit sharing and lease of Ogiek land in line with all applicable laws in Kenya.
Government of Kenya to compensate other parties and return the land to the Ogiek community.
Government of Kenya asked to fully recognize the Ogiek as an indigenous Community in Kenya.
The African Court dismissed the Ogiek Community plea for a public apology and erecting of a monument.
Each party in the case was ordered to bear their own costs.
According to the African Court, the Judgement is available in English and French. The English being the Authoritative version.
Photos:
Here is the Ogiek Judgement Summary
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