Open Access
Human rights violations in the name of environmental protection : reflections on the reparations owed to the Ogiek Indigenous people of Kenya
Loading...
Files
Human_rights_violations_Art_2023.pdf (390.37 KB)
Full-text in Open Access, Published version
License
Cadmus Permanent Link
Full-text via DOI
ISBN
ISSN
2284-3531
Issue Date
Type of Publication
Keyword(s)
LC Subject Heading
Other Topic(s)
EUI Research Cluster(s)
Initial version
Published version
Succeeding version
Preceding version
Published version part
Earlier different version
Initial format
Author(s)
Citation
Ordine internazionale e diritti umani, 2023, Vol.3, pp. 508-520
Cite
GIACOMINI, Giada, Human rights violations in the name of environmental protection : reflections on the reparations owed to the Ogiek Indigenous people of Kenya, Ordine internazionale e diritti umani, 2023, Vol.3, pp. 508-520 - https://hdl.handle.net/1814/75790
Abstract
The recent ruling on reparations of the African Court on Human and Peoples’ Rights regarding the Republic of Kenya established the territorial rights of the Ogiek Indigenous peoples over the Mau Forest Complex. The Ogiek people had been continuously evicted from their ancestral land since the creation of the Protected Area in the 1930s. The article explores how Protected Areas (PAs) are based upon a colonial idea of uncontaminated nature that should be void of any human presence in order to realize environmental protection and biodiversity conservation. It delves into the case of the Ogiek people by analysing the status of their right to property over the Mau Forest. It also analyses the doctrine of eminent domain in Kenya in relation to land acquisition for the creation of PAs, highlighting why it could not be applied to the land taken from the Ogiek. Then, the article illustrates the main features of the African Court decisions relating to monetary and non-monetary reparations owed to the Ogiek people and to the right to consultation and to Free, Prior and Informed Consent. Finally, the article prescribes some general recommendations on possible ways to manage environmental conservation with due respect to human rights, suggesting practical examples of Indigenous involvement on the management of PAs.
Table of Contents
Additional Information
Published online: 15 July 2023