These Briefs were prepared for rural community leaders in Kenya. The major and longer document (Brief 3), identifies legal support and constraints for community land security in Kenya. This is prefaced by overviews of the situation globally (Brief 1), and in Africa (Brief 2).
FPP and BothENDS have provided a submission the UN Special Rapportuer on the Rights of Indigenous Peoples, Vicky Tauli-Corpuz, as a contribution to her crucial thematic report on the criminalisation of indigenous peoples.
Around 5 per cent of the world’s population are indigenous, and every day huge numbers of indigenous people risk their life in protection of their ancestral lands.
According to Global Witness’ Defenders of the Earth 2017 report, nearly 40 per cent of the defenders who died in 2016 were indigenous.
Since the 1960s, the Sengwer peoples of western Kenya have been experiencing forced evictions from their home in the name of conservation. Since 2014, these evictions have intensified.
How the National Constitution treats minorities is a good test of a nation’s maturity. How government applies their rules is a good test of the state’s maturity.
Alternative report to the Initial report of the Republic of Uganda to be presented at the 55th session of the United Nations Committee on Economic, Social and Cultural Rights: 1st – 19th June 2015
The UN General Assembly during its 69th session, on 22-23 September this year, will convene a high-level plenary meeting - the World Conference on Indigenous Peoples – to review the implementation of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) since its adoption in 2007, and to identify outstanding issues and actions pertaining to indigenous peoples and development.
What are the prospects for securing the land rights of indigenous peoples, local communities, and women in the foreseeable future?
Significantly, the report of the United Nations Secretary-General’s High Level Panel of Eminent Persons on the Post-2015 Development Agenda, under Goal 1 to “End Poverty”, sets a target to “Increase by x% the share of women and men, communities, and businesses with secure rights to land, property, and other assets”.
The Endorois Welfare Council, IWGIA, Minority Rights Group and Forest Peoples Programme have written to UNESCO to express their continued concerns over the designation of the Lake Bogoria site (in Kenya) as a World Heritage Site without obtaining the free, prior and informed consent of the Endorois, who are the rightful owners of the land in and around the site.
The importance of ensuring respect for the rights of forest peoples’ to control their forests, lands and livelihoods, becomes ever clearer and yet more contested. As the articles in this edition of our newsletter starkly reveal, land and resource grabs are not just being imposed by commercial developers but are being actively promoted by governments, whose principle responsibility should be to protect the rights of citizens. Yet these same impositions are also being resisted, sometimes at great personal cost, by local communities and indigenous peoples.
Paragraphs 39-40 contain recommendations towards the rights of Batwa women.
A 'landmark' decision of the African Commission on Human and Peoples' Rights has affirmed the right of the Endorois pastoralists of Kenya to own their customary lands and to 'free, prior and informed consent', rights which were violated when they were removed from a protected area. The decision invokes the UN Declaration on the Rights of Indigenous Peoples and draws on the findings of the Inter-American Court of Human Rights. The case has major implications vindicating the right of all indigenous peoples to restitution for lands taken without their consent to create national parks and reserves.
Submitted by United Organisation for Batwa Development in Uganda (UOBDU) and Forest Peoples Programme (FPP)
Part of FPP's series on:Land rights and the forest peoples of Africa - Historical, legal and anthropological perspectivesA series of five country studies, plus a broad overview, examining indigenous peoples' land rights in the forested countries of Africa.
Provides information on the situation of the indigenous Batwa people of Uganda and comments on Uganda's First Periodic Report to the Commission
For The Indigenous World 2009, IWGIA's YearbookPublished April 2009
Historical and contemporary land laws and their impact on indigenous peoples' land rights in Uganda: The case of the BatwaPart of FPP's series on:Land rights and the forest peoples of Africa - Historical, legal and anthropological perspectivesA series of five country studies, plus a broad overview, examining indigenous peoples' land rights in the forested countries of Africa.