• Indigenous peoples in Kenya

    Indigenous peoples in Kenya

    The indigenous peoples in Kenya include hunter-gatherers such as the Ogiek, Sengwer, Yaaku Waata and Sanya, while pastoralists include the Endorois, Turkana, Maasai, Samburu and others.
  • Peoples

    79,000 people in Kenya are hunter-gatherers.
    25 per cent of Kenya's population belong to pastoralist groups.
  • Land rights

    26 May 2017, the African Court of Human and Peoples Rights judged in favor of the Ogiek community of Kenya. The judgement was a historic victory for the Ogiek, who were acknowledged as indigenous and won both compensation from the government of Kenya and the right to stay in the Mau forest.
  • Rights

    Kenya has no specific legislation on indigenous peoples and has yet to adopt the United Nations Declaration on the Rights of Indigenous Peoples and ratify International Labour Organization Convention 169

Kenya

Indigenous peoples in Kenya include hunter-gatherers such as Ogiek, Sengwer, Yaaku Waata and Sanya, while pastoralists include Endorois, Turkana, Maasai, Samburu and others.

Kenya does not have specific legislation on indigenous peoples and has not yet adopted the United Nations Declaration on the Rights of Indigenous Peoples and ratifies Convention 169 of the International Labor Organization. The indigenous peoples of Kenya face scarcity and insecurity of land and resources, poor services and discrimination.

However, Kenya has ratified the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the Convention on the Elimination of Discrimination against Women (CEDAW), the International Convention on the Elimination of All Forms of Discrimination Racial (CERD) and the Convention on the Rights of the Child (CRC).

Chapter Four of the Constitution of Kenya contains a progressive Bill of Rights that makes international law a key component of the laws of Kenya and guarantees the protection of minorities and marginalized groups. In accordance with articles 33, 34, 35 and 36, freedom of expression, means of communication and access to information and association are guaranteed. However, the principle of Free, Prior and Informed Consent (FPIC) is not made in Kenya.

Indigenous peoples in Kenya

In Kenya, the people who identify with the indigenous movement are mainly nomadic herders and hunter-gatherers, as well as some fishing villages and small farming communities. It is estimated that pastoralists comprise 25% of the national population, while the largest individual hunter-gatherer community amounts to approximately 79,000.

The pastoralists mainly occupy the arid and semi-arid lands of northern Kenya and towards the border between Kenya and Tanzania in the south.

The hunter-gatherers include the Ogiek, Sengwer, Yiaku, Waata and Aweer (Boni), while the pastoralists include the Turkana, Rendille, Borana, Maasai, Samburu, Ilchamus, Somali, Gabra, Pokot, Endorois and others.

Main challenges for indigenous peoples in Kenya

The indigenous peoples of Kenya face insecurity in the possession of land and resources, poor service provision, low political representation, discrimination and exclusion. The situation of indigenous peoples seems to worsen each year, with increasing competition for resources in their areas.

The practice of forced evictions against indigenous peoples such as Sengwer hunter-gatherers in Kenya has been widespread. These evictions have had serious effects and have caused numerous violations of human rights: the right to security of the person, the right to non-interference with privacy, family and home and the right to the peaceful enjoyment of possessions.

The territories of the indigenous peoples constitute the only remaining space destined for the extraction of natural resources such as oil, gas, wind and geothermal energy, as well as massive infrastructure projects such as railways, roads and pipelines to comply with the country's development plan. called Vision 2030.

Case: Political participation of indigenous women

Indigenous women in Kenya face multifaceted social, cultural, economic and political constraints and challenges. First, by belonging to minority and marginalized peoples at the national level; and secondly, through internal social and cultural prejudices.

Prejudices have continued to deny indigenous women equal opportunities to get out of the marasmus of high levels of illiteracy and poverty. It has also prevented them from having a voice to inform and influence political and cultural governance and development policies and processes, due to unequal power relations at both the local and national levels. However, more women have been elected and entered politics in 2017.

Joint submission on the situation of the Ogiek to the Human Rights Council's 45th Session

45th regular session of the Human Rights Council
14 September to 2 October 2020
Item 3
Submission related to the “Report of the United Nations High Commissioner for Human Rights on the rights of indigenous peoples”: https://undocs.org/en/A/HRC/45/22
( paragraphs 38 and 39)

The Ogiek Peoples Development Programme (OPDP) and the International Work Group for Indigenous Affairs (IWGIA) note with appreciation that the Office of the High Commissioner for Human Rights (OHCHR) has in 2019 provided assistance for the implementation of the African Court ruling on the rights of the indigenous Ogiek people (paragraphs 38 and 39 of the “Report of the United Nations High Commissioner for Human Rights on the rights of indigenous peoples”: https://undocs.org/en/A/HRC/45/22 )

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Indigenous World 2020: Kenya

In Kenya, the peoples who identify with the Indigenous movement are mainly pastoralists and hunter-gatherers, as well as some fisher peoples and small farming communities. Pastoralists are estimated to comprise 25% of the national population, while the largest individual community of hunter-gatherers numbers approximately 79,000.

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Indigenous peoples are still struggling with getting their rights recognized in Kenya

IWGIA participated in the first part of the 65th session of the African Commission on Human and Peoples’ in Gambia (21/10-10/11) and participated in a side-event on how to strengthen the voice of indigenous peoples and communities in Africa and in the ACHPR. We also supported a member of the Ogiek community in Kenya to participate and give a statement.

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Is Kenya’s new land law strengthening indigenous peoples’ land rights?

When the Community Land Act was adopted in September 2016, it was perceived as a great step forward for securing indigenous communities’ land rights in Kenya. However, three years after its adoption there are still more questions than answers over its implementation. IWGIA is supporting a pilot project in northern Kenya focusing on the implementation of the Act to increase awareness and develop guidelines for the process.

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About IWGIA

IWGIA - International Work Group for Indigenous Affairs - is a global human rights organisation dedicated to promoting, protecting and defending indigenous peoples’ rights. Read more.

Indigenous World

IWGIA's global report, the Indigenous World, provides an update of the current situation for indigenous peoples worldwide. The Indigenous World 2019.

Contact IWGIA

Prinsessegade 29 B, 3rd floor
DK 1422 Copenhagen
Denmark
Phone: (+45) 53 73 28 30
E-mail: iwgia@iwgia.org
CVR: 81294410

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