Case Study Report For

Case Study One Indigenous Peoples’ Rights in the Kenya Lake System in the Great Rift Valley 1 By DR. KANYINKE SENA Indigenous Peoples’ Rights in the Kenya Lake System in the Great Rift Valley 1 CASE STUDY ONE Indigenous Peoples’ Rights in the Kenya World Heritage (IIPFWH), as a standing global Lake System in the Great Rift Valley body aimed at representing indigenous peoples voices in the World Heritage Committee processes.5 The Committee referred to the establishment of the IIPFWH, “As an impor- tant reflection platform on the involvement of Indigenous Peoples in the identification, conservation and management of World Heritage properties, with a particular focus on the nomination process.” 6 Pursuant to the mandate of the Forum, this report aims at analyzing Indigenous Peoples’ involvement in the Kenya Lakes System in the Great Rift Valley World Heritage Site. The report is as result of extensive literature re- view and interviews with communities in and around the lakes that comprise the Kenya K. Sena: Lake Bogoria Lakes System. The Kenya Lake System in the Great Rift Val- ley is a World Heritage site in Kenya which comprises three inter-linked, relatively shallow, alkaline lakes and their surrounding territories. The lakes system includes Lakes Elementeita, Nakuru and Bogoria in the Rift Valley. The lakes cover a total area of 32,034 and was inscribed as a world heritage site in 2011. The inscription was based on the lakes system outstanding universal values and criterion (vii), (ix) and (x) as provided for, under paragraph 77 of the Operational Guidelines for the Implementation of the World Heritage Convention. Despite the in- K. Sena: Endorois in Lake Bogoria digenous communities living in and around the lakes, the nomination only focused on the natural properties of the lakes system, The Kenya Lake System in the Great Rift Valley is a World Heritage site in Kenya which and did not feature any cultural values. comprises three inter-linked, relatively shallow, alkaline lakes and their surrounding territories. The lakes system includes Lakes Elementeita, Nakuru and Bogoria in the Rift Valley. For over a decade, indigenous communities 2 The lakes cover a total area of 32,034 and was inscribed as a world heritage site in 2011. have been engaging in the World Heritage The inscription was based on the lakes system outstanding universal values and criterion Committee processes. At the 41st session of 3 (vii), (ix) and (x) as provided for, under paragraph 77 of the Operational Guidelines for the the World Heritage Committee held in Kra- 4 Implementation of the World Heritage Convention. Despite the indigenous communities kow, Poland in July 2017, indigenous peo- living in and around the lakes, the nomination only focused on the natural properties of the ples at the session decided to establish the lakes system, and did not feature any cultural values. International Indigenous Peoples’ Forum on Indigenous Peoples’ Rights in the Kenya Indigenous Peoples’ Rights in the Kenya 2 Lake System in the Great Rift Valley Lake System in the Great Rift Valley 3 CASE STUDY ONE Interactions between indigenous Indigenous peoples in the Kenya lakes system communities and the lakes system Indigenous peoples interact with the African Commission on Human and Peoples’ Lakes system in a variety of ways. How- Rights (ACHPR) with regard to the recognition ever, this report focuses only on con- of rights of the Endorois in relation to Lake sultation and benefit sharing. Bogoria, urged Kenya to respond to ACHPR regarding its resolutions and to ensure full a) Consultation and participation and effective participation of the Endorois in Indigenous communities are key in the the management and decision-making of the conservation of their culturally signifi- property, and in particular the Lake Bogoria cant sites. They are libraries of indig- component, through their own representa- enous knowledge related to the sites, tive institutions.”15 Subsequent interac- yet when such sites are inscribed as tions between Government and the Endorois world heritage sites, they are often not through the Endorois Welfare Council led to involved in the attendant processes.10 Though consultation with indigenous a Kabarnet Declaration that recognized that communities in the nomination, in- Baringo County Government as holding Lake scription and management of Lakes Bogoria in trust for the Endorois community, Nakuru and Elementaita needs further with the community having the rights to ap- In order to maintain and enhance the lived in and around Lake Bogoria for research, consultations with upstream prove any plans regarding the management Outstanding Universal Values of the lakes centuries. In 1973, they were evicted 11 Ogiek community is non-existent. The of the Lake. In Decision 39 COM 7B.5, the system, the World Heritage Committee, from their ancestral land for the estab- Endorois community has also raised World Heritage Committee welcomed “the while inscribing the property, empha- lishment of the Lake Hannington, now issues regarding the consultation pro- sized the need to sustain and enhance ef- Lake Bogoria game reserve. The eviction cess that went into the nomination and adoption of the Kabarnet Declaration, which fective management, while addressing a was without consultation or adequate inscription of Lake Bogoria as part of formally recognizes the Endorois as a com- range of long-term issues. This includes compensation. The eviction also inter- the Kenya Lakes System.12 Consulta- munity and the Endorois Welfare Council catchment level management of threats fered with their culture, livelihoods and tion with Endorois was critical espe- as their representative organization in the and developments with particular em- religious practices. The Maasai, a pasto- cially since the Africa Commission on management of Lake Bogoria.”16 In 41 COM phasis on management of groundwater, ralist community, live adjacent to Lake Human and Peoples Rights had ruled 7B.21, the Committee further reiterated its surface pollution, forest cover, as well as Nakuru National Park, Lake Elementeita that Lake Bogoria is the Endorois an- request to Kenya for a progress report on inter-sectoral and participatory manage- in Kenya and Lake Natron in Tanzania. cestral home.13 However, during con- the implementation of the African Commis- ment processes especially with respect Though Lake Natron is not part of the sideration for inscription, government 7 to environmental impact assessments. Kenya Lakes system, the World Heritage representatives insisted that there was sion on Human and Peoples’ Rights (ACHPR) In the spirit of this emphasis by the Com- Committee specifically noted “the need full consultation with the Endorois and Endorois ruling to ensure the full and ef- mittee, it is therefore critical to engage for transboundary cooperation as the table lists of participants for several fective participation of the Endorois in the 14 indigenous peoples on site and at the values of the Kenya Lakes system are meetings it had organized. This rais- management and decision-making of Lake catchment level, in all activities aimed at partly dependent on the protection of es questions on the mode of consulta- Bogoria.17 However, a report submitted by sustaining and enhancing the manage- other lake and wetland areas, specifical- tion and the representative indigenous Kenya to the World Heritage Centre in Janu- ment of the lakes system. ly Lake Natron in Tanzania, as part of a peoples institutions, and how to ensure ary 2019 does not indicate any significant future transnational serial World Herit- the full and effective consultations with 8 The indigenous communities that are age property.” The Ogiek are a recent indigenous communities in world herit- progress in the implementation of the World on site or at the catchment level are the hunter-gatherer community in the Mau age process. Heritage Committee resolutions on the full Endorois, Maasai and Ogiek communi- forest complex which is home to the and effective participation of the Endorois ties. The Endorois are a community of source of the rivers Njoro, Makalia and In decision 38 COM 7B.91, the World Herit- in the management and decision-making of approximately 60,000 people who have Nderit which feed into Lake Nakuru. 9 age Committee noted “The resolutions of the the property. Indigenous Peoples’ Rights in the Kenya Indigenous Peoples’ Rights in the Kenya 4 Lake System in the Great Rift Valley Lake System in the Great Rift Valley 5 CASE STUDY ONE Addressing Indigenous Peoples’ Rights in the Property a) Benefit sharing Indigenous communities, both in and around the property as well as in the up- Benefit sharing connotes the action of giv- per catchment areas should benefit from ing a portion of advantages/profits, both the utilization of the property. While Lake monetary and non-monetary, to others.18 Nakuru is under the Kenya Wildlife Service a) Recognition of Land Rights It is a technical term used in the context of (KWS) which sends all collected revenue di- access to and use of natural resources. In rectly to the national treasury, Lake Bogoria Indigenous peoples land rights are crucial for the context of world heritage sites, it de- is under the County Government of Barin- conservation.21 The United Nations has not- notes sharing of monetary and non-mon- go, which collects and distributes revenues ed that indigenous peoples’ collective rights etary benefits arising from the commercial from the Lake. There is therefore no clear to lands, territories and resources not only or non-commercial utilization of resources indication on how indigenous communities contributes to their well-being but also to the of resources found in a heritage site. The in and around Lake Nakuru directly ben- greater good, by tackling problems such as monetary benefits from the Kenya Lakes efit from the revenues collected from the climate change and the loss of biodiversity.22 system include revenue from tourism ac- lake.

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