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Grass versus community: Lessons from Kenya - NewsDay Zimbabwe

By Fidelicy Nyamukondiwa Once upon a time, the Kenyan government lost an eviction case to the Endorois people, an indigenous community. The Endorois community had been evicted from its ancestral land by the Kenyan government to pave way for a game reserve. In an analogous manner, the Zimbabwean government has enacted a law to legalise the eviction of the Shangaan community from its ancestral land in Chilonga, Chiredzi South district to pave way for a lucerne project. Some sections of the public have welcomed government’s move while others have frowned upon it to the extent of threatening to boycott Dendairy products through the hashtag #BoycottDendairy. Dendairy is a Kwekwe-based private company set to implement the grass project. Government authorities and all those involved in the impending displacements ought to draw lessons from Kenya’s Endorois community case. The Endorois community case The Endorois have for many years survived from livestock rearing around Kenya’s Lake Bogoria. They have strong religious, and cultural attachments to their ancestral land. Their historical places of worship and sacred sites for circumcision, rainmaking ceremonies and other cultural practices are located within the Lake Bogoria area. They believe that the spirits of their ancestors, no matter where they are buried, live in Lake Bogoria. The Endorois had enjoyed undisturbed occupation and use of their land until 1973 when the Kenyan government evicted them for the creation of Lake Bogoria Game Reserve. After confronting the authorities, the Endorois were assured that the affected 400 families would be compensated with plots of fertile land, that they would get 25% of the revenue that was to be realised from the game reserve and that they would get employment. However, none of the promises was fulfilled. What was done was to try to silence 170 out of the 400 families by giving them some money. The inadequate money was only paid 12 years after the eviction. In 2000, the Endorois community took the matter to the Kenyan High Court. It was only in 2002 that a disheartening judgment was handed down. The High Court ruled in favour of the government and held that Lake Bogoria Game Reserve was a national resource, so the Endorois community was precluded from laying claim to any revenue from such an asset. In dismissing the case, the judges stated that they believed Kenyan law could not address the issue of special protection to a people’s land based on historical occupation and cultural rights. Aggrieved by the court’s decision, the Endorois community took the matter to the African Commission on Human and People’s Rights in 2003 and the commission declared that the evictions were illegal. In the landmark decision, the commission concluded that by preventing the Endorois from maintaining their religious and cultural practices, the Kenyan government had violated their cultural and religious rights  in contravention of the African Charter and several other human rights instruments. Since the game reserve had already been established, the comm

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