OMCT/HIC-HLRN
JOINT URGENT ACTION APPEAL:
Property destruction, forced eviction and excessive use of force
against members of the Chepkitale (Ogiek) community in Kenya

Case KEN-FE 030504.ESCR

The Coordination Office of the Housing and Land Rights Network of
Habitat International Coalition (HIC-HLRN) and the World Organisation
against Torture (OMCT) request your URGENT intervention in the
following situation in Kenya.

Brief Description
OMCT has been informed by a reliable source about renewed violence
against the Chepkitale (Ogiek) people of Mount Elgon region, eastern
Kenya, with 200 houses burned down and one child killed.

On 18 February 2004, members of the Pok (Bok) community, supported by
the local MP John Serut and the District Commissioner Mr. James Ole
Seriani, seized the farms of the neighbouring Chepkitale community
and set fire to their houses, food stores, and other property. Over
the course of five days (18-23 February), more than 200 houses
belonging to members of the Chepkitale community were burned, five
Chepkitale (Ogiek) people were injured and one Pok child burned to
death.

Paradoxically, it is reported that the police also arrested 21
members of the Chepkitale (Ogiek) community and brought them before
the court on charges of incitement, burning houses and intention to
harm others, among other charges. The police also reportedly ill-
treated and beat the arrested persons. Some of the arrested persons
reportedly had to seek medical treatment at various hospitals as a
result of police beatings. One person is in the hospital with a
bullet wound as a result of shooting by the police. Apparently, no
member of the Pok community has been arrested, despite reports that
people from the Pok community instigated the violent encounters.

The arrested persons were released on bail and are awaiting trial. In
the meantime, they are required to report regularly to the security
office. Although some of those arrested have had access to lawyers,
others do not have the financial means necessary to obtain legal
representation.

Those members of the Chepkitale (Ogiek) community made homeless by
the attacks are currently sheltering with relatives nearby, while
others are hiding deep in the forest. According to the information
received, the community has not received any aid so far. The Red
Cross only has been able to provide aid to the few people at the
Kopsiro Divisional Headquarters. It is reported that local leaders,
who are from the Pok community, are obstructing efforts to provide
aid to the Chepkitale (Ogiek) people.

Background Information
The Pok community, who constitute a majority of the local leaders,
are reported to be involved in a systematic effort to displace the
Chepkitale (Ogiek) people from their land. The socioeconomic
situation of the Chepkitale (Ogiek) people is deteriorating and their
hunting-and-gathering livelihood is threatened. The reports received
indicate that the Pok community wants to evict the Chepkitale (Ogiek)
people in order to turn the Chepkitale's ancestral homeland into a
national game reserve, which would serve as a source of money for the
Pok-controlled County Council. It is also reported that the Council
has allocated land of the Chepkitale (Ogiek) community to relatives
and friends of local Pok politicians as a way of securing votes.

The conflict between the Pok and Chepkitale (Ogiek) communities is
not new. Since 1971, many efforts have been made to resolve the land
conflicts occurring between these communities, but it is reported
that these plans have always been plagued by corruption and political
favouritism. Between 1992 and 2004, five different settlement
committees were formed to attempt to resolve these disputes, but they
have regularly resulted in further dispossessing the Chepkitale
(Ogiek) community of their land. During this period, it is also
reported that nine people, mostly from the Chepkitale (Ogiek)
community, have been killed, 800 cows have been stolen and many
people were arrested. The information received also indicates that
several members of the Chepkitale (Ogiek) community have disappeared,
while others have been forced into exile.

International Human Rights Law
The Kenyan government, including local authorities, bear an
obligation to prevent human rights violations and to intervene to
protect against violence.

The practices reported here contravene the Chepkitale (Ogiek)
peoples' human right to adequate housing; i.e., the right of all
women, men and children to gain and sustain a secure place to live in
peace and dignity. The Pok community, supported by local authorities,
especially violate the Chepkitale (Ogiek) peoples' entitlements to
security of tenure; access to, and benefit from environmental goods,
namely land and water; habitability and livelihood on the
resettlement lands; location; cultural appropriateness; information
and capacity building, participation and self-expression; freedom
from dispossession; physical security, and adequate compensation for
violations and losses. All are elements of the human right to
adequate housing as recognized in international law. It should be
noticed here that all these elements, to be considered as respected,
should be obtained in an environment of self-determination,
nondiscrimination, gender equality, rule of law, and nonregressivity.

Specifically, the authorities have breached their treaty obligations
under Articles. 2, 4, 5 and 11 of the International Covenant on
Economic, Social and Cultural Rights (ICESCR), which Kenya acceded to
on 3 January 1976. The State has been derelict in its obligations as
elaborated in the UN Committee on Economic, Social and Cultural
Rights General Comments Nos. 4 and 7 on the human right to adequate
housing.

By their ill-treatment and arbitrary arrest of the 21 people, the
Kenyan authorities have also violated Arts. 7, 9 and 10 of the
International Covenant on Civil and Political Rights (ICCPR). By the
attacks on the homes and farms of the Chepkitale (Ogiek) people and
the failure to afford protection to the community from such attacks,
the Kenyan authorities also violate Arts. 7, 12 and 17 of the ICCPR.

Action requested
Please write to the authorities in Kenya urging them to:
§ act on an urgent basis and prevent any further attempts to take
over the lands of the Chepkitale (Ogiek) people, to destroy their
homes and farms and stop them from residing on and utilising their
land;

§ take all necessary measures to guarantee the physical and
psychological integrity of the families whose homes have been burnt
down and who have been evicted from their lands;

§ order a thorough and impartial investigation into the allegations
of ill-treatment and harassment against the affected persons in order
to identify those responsible, bring them to trial and apply the
penal and/or administrative sanctions as provided by law;

§ guarantee the right to adequate housing of the Chepkitale (Ogiek)
people with particular attention to the following elements: security
of tenure, access to public and environmental goods and services,
freedom from dispossession and the right to information and
resettlement, as recognized in the International Covenant on
Economic, Social and Cultural Rights, among others;

§ ensure that adequate compensation, assistance with rebuilding
homes, food and medical attention are provided to the Chepkitale
(Ogiek) people families whose homes and farms have been demolished
and destroyed;

§ guarantee the respect of human rights and the fundamental freedoms
throughout the country in accordance with international human rights
standards.

Addresses:
H.E. Mr. Kiraitu Murungi
Minister of Justice and Constitutional Affairs
Harambee Avenue
P.O. Box 40112 / P.O.Box 30083
Nairobi, Kenya
Fax: + 254 231-5105

H.E. Major Mardsen Madoka
Minister of State
Office of the President
P.O. Box 30510
Nairobi, Kenya
Fax : +254 233-7340

Mr. Amos Wako
General Attorney, State Law Office
Harambee Avenue
P.O. Box 40112
Nairobi, Kenya
Fax: +254 231-5105, +254 221-1082

Ambassador Mohamed Amina C.
Permanent Mission of Kenya
Av. de la Paix 1-3 (1er)
1202 Genève, Switzerland
Fax: +41 22 731-2905
E-mail: [email protected] [2]

**************
Geneva - Cairo, 3 May 2004

Kindly inform OMCT and HIC of any action undertaken quoting the code
of this appeal in your reply to: [email protected] [3] and
[email protected] [4].

The joint urgent appeals of OMCT and HIC-HLRN are dedicated to the
protection of the right to adequate housing.
**************
Sample Letter

Excellency,

We have been informed by Habitat International Coalition-Housing and
Land Rights Network (HIC-HLRN) and the World Organisation Against
Torture (OMCT) that on 18 February 2004, members of the Pok (Bok)
community, supported by the local MP John Serut and the District
Commissioner Mr. James Ole Seriani, seized farms of the neighbouring
Chepkitale community and set fire to their houses, food stores, and
other property. Over the course of five days (18-23 February), the
assault left more than 200 houses belonging to the Chepkitale people
burnt, five of these people injured and one Pok child burnt to death.

Paradoxically, it is reported that the police also arrested 21
members of the Chepkitale (Ogiek) community and brought them before
the court on charges of incitement, burning houses and intention to
harm others, among other charges. The police also reportedly ill-
treated and beat the arrested persons. Some of the arrested persons
reportedly had to seek medical treatment at various hospitals as a
result of police beatings. One person is in the hospital with a
bullet wound as a result of shooting by the police. We urge you to
order a thorough and impartial investigation into the allegations of
ill-treatment and harassment against the affected persons in order to
identify those responsible, bring them to trial and apply the penal
and/or administrative sanctions as provided by law.

It is reported that the Pok community wants to evict the Chepkitale
people in order to turn the Chepkitale's ancestral homeland into a
national game reserve, which would serve as a source of money for the
Pok-controlled County Council. The conflict between the Pok and
Chepkitale (Ogiek) communities is not new. Between 1992 and 2004,
five different settlement committees were formed to attempt to
resolve these disputes, but they have regularly resulted in further
dispossessing the Chepkitale community of their land. During this
period, it is also reported that nine people, mostly from the
Chepkitale community, have been killed, 800 cows have been stolen and
many people have been arrested. Also, we urge you to prevent any
further attempts to take over the lands of the Chepkitale (Ogiek)
people, to destroy their homes and farms and stop them from residing
on and utilising their land; to take all necessary measures to
guarantee the physical and psychological integrity of the families
who have been dispossessed of their land.

The practices reported here contravene the Chepkitale (Ogiek)
peoples' human right to adequate housing; i.e., the right of all
women, men and children to gain and sustain a secure place to live in
peace and dignity. The Pok community, supported by local authorities,
especially violate the Chepkitale (Ogiek) peoples' entitlements to
security of tenure; access to, and benefit from environmental goods,
namely land and water; habitability and livelihood on the
resettlement lands; location; cultural appropriateness; information
and capacity buiding, participation and self-expression; freedom from
dispossession; physical security, and adequate compensation for
violations and losses. All are elements of the human right to
adequate housing as recognized in international law. We urge you to
guarantee the right to adequate housing of the evicted families, as
recognized in the International Covenant on Economic, Social and
Cultural Rights, and the Convention on the Rights of the Child, among
others; and to ensure that adequate compensation, assistance with
rebuilding homes, food and medical attention are provided to the
Chepkitale (Ogiek) people families whose homes and farms have been
demolished and destroyed.

The Kenyan government, including local authorities, bear an
obligation to
prevent human rights violations and to intervene to protect the
Kenyan
citizens, whatever their communities, against violence.

Thanking you in advance for your attention to this matter, we look
forward to
hearing from you on your remedial response.

Respectfully,

[Signed]
[Your name and organisation]

Organisation Mondiale Contre la Torture (OMCT)
World Organisation Against Torture (OMCT)
Organización Mundial Contra la Tortura (OMCT)
8 rue du Vieux-Billard
Case postale 21
CH-1211 Geneve 8
Suisse/Switzerland
Tel. : 0041 22 809 49 39
Fax : 0041 22 809 49 29
E-mail : [email protected] [3]
http://www.omct.org [5]