“MAU FOREST COMPLEX ON THE SPOTLIGHT” KENYAN’S MUST BE TOLD THE TRUTH “Ogiek Opposition to the forest excision” INTRODUCTION “In grappling with our socio-economic cultural problems and the complex relationship between the environment and good governance, we must not ignore the linkages between landlessness, land tenure, cultural practices and habits, land titles, land use, and natural resources management, which must be at the heart of policy options in environment, constitutional law and human rights litigations, ” the words of Richard Kuloba and Samwel Oguk, the then judges of the High Court in HCCA 238/99 of Francis Kemei and 9 others Vs the Honourable Attorney General and 3 others. Yes, Kenyans are celebrating forty years of self-rule, while the Ogiek are remembering the forty years of dispossession and institutional marginalisation of being rendered homeless and lack of identity in their natural habitat. Safe to say while the majority of Kenyans are yearning for the economic and political recovery, the Ogiek are begging for recognised domicile. The Environment Minister is planning mass eviction, the beneficiaries will go back to their homes of nativity, the Ogiek might be forced to join the street families. FOREST COVER The area under forests in Kenya is estimated at 2.4 million ha, of which 1.64 million hectares are gazetted. The area of forest land not gazetted (0.76 ha) is fragmented into 273 forest units. Forty percent of the units stand on 100 hectares or less. The closed canopy of indigenous and exotic forest used to occupy about 1.22 million hectares; plantations cover 0.16 million (GoK, 1999). Closed-canopy forests outside the gazetted reserves used to cover approximately 0.18 million hectares. The Kanu government proposed to add further 0.5 million hectares through afforestation and gazettement but it did the contrary. The NARC government has promised to put in place measures to increase the forest cover to at least 8% from the current 1.7%. The ongoing reforms at the forestry sector is meant to achieve this, but this is not attainable before an overhaul of the corrupt, in-effective and compromised provincial administration, who have contributed to the environmental disaster we are experiencing. 1 The Forest cover has been changing over time and space. In 1897 the only restricted forest area was Akamba Wood Strip running 2 miles on each side of the then Kenya Uganda railway line. The wood strip was established under the Akamba Woods and Forest Regulations. By 1932, 43 forests had been designed as government forest areas, which rose to 1.05 ha in 1940 (IUCN, 1998). At independence gazetted forests stood at 1.8 million representing 3.5% of the total land area. An aerial survey in 2000 shows that these forests have dwindled considerably to 1.7% of the forest cover. (EAWS/KFWG, 2001). This shows a loss of forest cover of 1.8% MAU FOREST The Mau forest complex covers over 290,000 hectares and represents the largest remaining near continuous blocks of mountain indigenous forest in East Africa, it is Kenya’s major Water Tower. It is situated approximately 250 km from Nairobi and border Kericho to the West, Nakuru to the North and Narok to the South. It comprises of South West Mau, East Mau, Transmara, Mau Narok, Maasai Mau, Western Mau and Southern Mau. These seven forest blocks merge to form the larger Mau forest Complex. Out of all these blocks, only Maasai Mau is not gazetted. The forest lies between 2,000 m and 2,600m above the sea level, on the western slope of the Mau Escarpment. It regulates the stream flow thus helping to control flooding and maintain the water table in drier spells. It is also an important catchments area and drains into Lakes Nakuru, Bogoria, Baringo, Victoria and Natron. It is the largest montane forest in East Africa. The forest is a habitat for some rare and endangered mammals e.g. the Yellow Backed Duiker and the Golden Cat. There is also a sizeable population of Elephants, Buffalo and Giant Forest Hogs. The endangered Bongo antelope, rare primates like Columbus, blue and red- tailed monkeys, besides butterflies and birds. It is rich in natural amenities that add the much needed wildlife scenery. The water from Mau forests serves more that 4 millions people inhabiting more than 578 locations in Kenya and several locations in Northern Tanzania. Each one of us is convinced that the Kenyan government recognises the vital importance role of forests, their role in rainmaking, water retention, recycling of oxygen, soil integrity, and provision of renewable resources, biodiversity and tourism. This is the reason as to why it is coming up with new environment and forest laws, vast improvement over the present largely inherited laws. To fill this vacuum is the indigenous traditional knowledge of the Ogiek people. The forest is the home of the Ogiek Community who were and still are in spite the invasion by the land sharks and the ceaseless evictions by the successive regimes the only remaining forest dwelling community in Kenya. The forest bill 2000 does not take into account this fact true; leave alone the historical contributions of the Ogiek community on the conservation measures and practices. 2 LONE VOICE The Ogiek like other hunters-gatherers have been speaking on behalf of the Natural world being plundered by governments and corporations. Today, the natural world is more endangered than ever, and if anything their conditions are worse. At this time, the Ogiek feel humanity must work together, not just for survival but also for quality of life based on universal values that protect the delicate inter-relatedness of life that protects us all…. Biodiversity is clinical, technical term for this intricate inter weaving of life that sustains us. The indigenous minority say and still maintain that they are related to this life; thus your “resources” are their relations. They feel that by the greedy leaders enhancing policies that work against them they are at war with Mother Earth. THE STRUGGLE The Ogiek people have a long history of resistance and struggle that has sustained their unity, identity and cultural distinction. Lately however, more than at any other time in their history, the very existence of the Ogiek as a distinct people has come under concerted threat. The threat took the form of excision of large chunks of land from our forest homes by the Moi regime and settlement of purported squatters thereon in total disregard of our identity, culture and way of life. Our concern is specifically the fate of our indigenous minority people of the Mau Forest. It is noteworthy that the Mau provide 70-80% of the total forest area that is intended for excision. We Ogiek have occupied this forest from time immemorial and are customarily entitled to it. To settle so-called squatters on that land will deprive us of our only land and home lead to our domination and marginalisation. In view of the grave ramifications that the intended forest excisions and settlement will have for the Ogiek as a people, it was and still is important to understand the basis of the Ogiek objection to the same. In this light, we call upon the Presidential Commission of illegal and irregular allocation of public lands to recommend for the revocation and nullification of the forest excision in question. We added our voices to the local and international protests against the excision of forestland. We never supported the attempt by the then year 2001 Ministers for Environment and Natural Resources to part with our national heritage and ancestral lands for the following reasons: The excision was to amount to a death warrant and would have led to the extinction of our ancestral lands in the Mau forest complex. We shall in effect lose our only home and birth right. While at the same time falling into the Government trap of the Ogiek negative publicity and misinformation. The move would have destroyed and denied our identity and cultural distinction. Our identity has always been denied by branding us squatters and landless whilst we have distinct ancestral roots in the Mau Forests Complex. The government elbowed its way into our ancestral land through the Forest Act of 1930s and 1942s and through purported conservation declarations and other laws. In the name of 3 conservation and environment justice, the NARC government is largely preparing for its deadliest assault to the perceived environment terrorists. It is to our prayer that they spare the “God’s chosen foresters”, the Ogiek. The politically initiated settlement will lead to the assimilation of the Ogiek into other groups with the express aim of rendering the Ogiek extinct. This extinction is being carried out under the guise of settling the Ogiek. The government is thus implementing the policies of the colonial government, which recommended in the 1930s that “Whenever possible the Ogiek (Dorobo) should become members of and absorbed into the tribe in which they have closet or most affinity”. The excisions manifested the Kanu government’s insensitivity to both local and international opinion, and disregard of its own legal system and of rights recognized by international law. For instance the excisions represented a blatant violation of a court order that we the Ogiek obtained to stop the subdivision and allotment of our forestland in Eastern Mau Forest. Were we to support the excisions it would have amounted to taking sides with powerful forces jockeying for power and control over natural resources at the expense of the rights and interests of the weaker sections of society. For instance; the second re-organizational, which was started way back eighteen years ago, by Kanu Government whose systems were; I. 2nd generation identity and voters cards II. 2nd land adjudication and registration processes III. Ethnic cleansing – Tribal clashes-Co-ordinated eviction at the pretext of conservation. IV Forest excisions schemes aimed at achieving security measures In the name of sorting out the mess, the NARC Administration should focus widely as the whole process is interwoven and will be very costly. The beneficiaries too will target the Ogiek physical, economically and materially, with an intention of inflicting maximum harm. FACTS The Ogiek people are among the only remaining forest dwelling communities in Kenya. They number about 15,000 people. They live in groups and clans and are found in areas of Nakuru, Koibatek, Nandi and Narok District in the expansive Rift Valley Province, and the areas of Mt. Elgon District bordering Uganda and Kenya and in Northern Tanzania. They are a cultural entity of their own. They speak the Ogiek language and practice selective hunting and doing a bit of traditional agriculture within the system of land tenure common to the forest dwelling communities. The tenure comprises of tree tenure, animal tenure and 4 land tenure. The Ogiek holds their land collectively while individual community members and families enjoy subsidiary rights of use and occupancy. These traditional lands are neither demarcated nor otherwise specifically recognized by the Kenya Laws. By threatening sacred sites and the habitat within which the community engage in hunting, gathering and other pastoral activities and farming, the logging concessions and the temporarily stopped settlement scheme, not only threatens the integral aspects of the Ogiek community’s existence, continuity and culture but it also seeks to kill community's hope of passing on their identity and land to its children. It will further deny their children an opportunity to grow in their own culture and enjoy their ancestral birthright. While the Ogiek were being evicted from one part of their ancestral lands on the ground that they are a danger to the environment, other sections were being opened up for miscellaneous settlement. The truth is that the real danger to the environment has been and which the Narc government must accept the logging companies and individuals, the Tea, coffee and flower plantations for European markets and a cartel of land mafia in the department of lands and the agents of conquest, the provincial administration. The former regime released many contradictory figures on the supposed beneficiaries of its generosity. Our own statistics puts the Ogiek families in Eastern Mau at 543 families with a total population of 5,484 members. This is both the number of adults and children. Other areas where Ogiek are found take the remaining 10,000 persons. There are 12 major clans who own parcels of land in the Mau complex under the customary law where glades, valleys, swamps, rivers and traditional sacred trees serves as boundaries. This form of land ownership is what the current advocates of the market economy tenure seek to nullify. The drive behind the other politically correct persons to impersonate as either landless, squatters or Ogiek is for selfish reasons. The Ogiek just like any Kenyan of sound mind know themselves and are able to identify and define their needs, besides charting their destiny. Other Kenyans too know the truth of the identities of the beneficiaries, their backgrounds and the mission of the former regime population transfer. Indeed it was a reward for good work done, were it not the case the more than five 5 thousand people in the influential positions, both in the old and new order would not be among the beneficiaries. SCHEMES UPDATES At Kapseita area of East Mau, of Elburgon Forest Station, 288 of the settled are clash victims, the proposal were made by the Catholic Justice and Peace Commission, Nakuru. Today there are more than 5000 beneficiaries, majority being the business community. They were said to have been considered from the Chepakundi displaces (of 1991) tribal clashes. At Bararget area of East Mau, Bararget forest station, 261 clash victims were used to justify the opening up of this area for settlement purposes. They are said to be survivors of the Njoro tribal Clashes, of 1998. The proposals were made by the National Council of Churches of Kenya (NCCK- Eldoret) ironically it was not the local Nakuru NCCK. Today we have more than 5000 beneficiaries, majority being the senior civil servants of the former and present regimes and their friends and relatives. Ngongongeri area of Mariashoni location was made an exclusive area for all those who mattered in the former and present regimes. In local terms it is called “officer’s mess” where “who is who” matter most. Nessuit Location – this is location with 70% foreigners and 30% locals while Sururu, Likia and Teret is a haven for the beneficiaries from Kericho, Transmara, Bomet, Koibatek, Bureti and Baringo Districts. Logoman was earmarked for the Pokots. Tinet, Kiptororo and Saino in the South West and Western Mau – the identity of the beneficiaries has been made a secret oath of the highest order. The true position is that we have 10% of the beneficiaries, being members of Ogiek origin. Mariashoni, this is the only area which is clean with 90% local inhabitants being Ogiek. The Ogiek land rights struggle is centralized here. The only remaining intact forest and regeneration is in the same area, what a true foresters. Kiptunga Forest station had been earmarked for the Samburus, the local Maasai and Keiyos. The local Ogiek on refusing to let lose the grip, delayed the finalizing of this arrangement. Ever since a wagging finger is pointed to their direction. The Ogiek share the following views on the settlement scheme initiative: 1. The Ogiek do not own these schemes and this is supported by the Provincial Administration hostile attitude, their official documents and sworn affidavits. They thus feel cheated and robbed off their only remaining home in Kenya. The scheme was carried to dispossess them off whatever they hold; as it targeted their only remaining home. 6 2. The settlement process does not and will never guarantee the protection of the Ogiek cultural and ethnic identity as it seeks to assimilate the Ogiek into other communities besides nullifying our identity. 3. The sanctioned programme by the Office of the President facilitated the encroachment of our ancestral land by both the mighty and the powerful, who sought to dominate us politically and economically. 4. The Scheme totally interfered with our customary land tenure that allowed communal sharing of land and resources besides a peaceful co-existence of both human needs and the environmental protection. 5. There has been much mistrust, suspicion, conflict, competition and even rivalry between Kenyan communities and ethnic groups competing for power and control over natural resources leading to the current invasion trend of the Ogiek ancestral land under the guise of settlement and conservational purposes. The Colonialist protected their interests through buffer zones, which ended up being forests, as informed by the forest legislation Cap 385, while the KANU regime used Human shields against persons it did not trust. 6. The former Minister for Environment and Natural Resources’ gazette notices aimed at privatising section of land in Mau Forest, were acts of bad faith that are aimed at denying the Ogiek a chance to follow up their pending cases, while the present Minister for Environment, Wildlife and Natural Resources acts are of vengeance and self aggrandising. INTRANSIGENCE Members of the Ogiek community have seriously suffered in the ever changing political landscapes of our nation. They have been sacrificed for political selfish gains and are still made Trojan horses for a race they have never applied for. Without their consent they have been made proposals and successfully marketed. Today in the outside world, it is difficult to understand the Ogiek demands for there are different group’s speaking for and on their behalf. It is not surprising that the KANU regime behave in the way it behaved for, 7 i) It refused to affirm the existence of the indigenous minorities Ogiek collective rights to their land, resources, and environment with this we can cite the sub division and allocating of the community’s ancestral lands to people allied to its regime and who also happens to be from selected districts. ii) When the Ogiek sought judicial protection by seeking redress in the courts of law it never complied with the decision and orders of the court, instead it incited the selected beneficiaries to invade the community’s ancestral land and subdivide it amongst themselves with the help of it’s agents. iii) It also refused to recognize the fact that the land issue to the Ogiek community is not merely a question of possession and production, but it is also a material and spiritual element which they should enjoy as well as a means to preserve their cultural heritage and pass it to future generations. iv) It did not only discriminate the Ogiek community by denying them equal protection under laws, but also violated its obligation under international law to conform its domestic laws to give effect to the various human rights laws and instruments that it acceded to. v) It intentionally maintained a clear, if unstated, policy to frustrate all efforts by the Ogiek to secure legal protection for their traditional lands, culture, ethnic identity and language. SIGNIFICANCE OF THE OGIEK CASE (HCCA No.635/97) In this case members of the Ogiek community have sued the government of Kenya and are challenging the legality of the demarcation and alienation of their ancestral lands. It is a case of its own kinds as it exposes the government’s discriminative policy against vulnerable indigenous minority communities such as the Ogiek. The continued threats to Ogiek ancestral land is thus as a result of the government sanctioning its invasion, whilst the obvious result is a major environmental disaster to the whole country and the killing of the Ogiek language, culture and identity. 8 The Kanu Government continued refusal to guarantee the Ogiek Community’s land rights and its determination to alienate their land to powerful individuals within its bureaucracy eroded the community’s confidence in it. Parts of the Mau Forest for instance East Mau, is in fact the subject of an unsettled constitutional suit No. HCCA No.635.97 – Nairobi seeking to declare land allocations in the disputed forest is null and void. In October 1997 the High Court of Kenya issued order, which prohibited further allocation of the suit land until all the issues in dispute are resolved in court. The order is still in force. Hence the present purported excision of part of the Mau Forest clearly constitutes contempt of court. The opening up of Bararget area in 1999, the Kapseita block I, II and III in 1998, the Logoman in 2000 and the presence of surveyors to date boils down to one notion, that the courts not stop a government hell-bent on disobeying the very laws it ought to be safeguarding. The Ogiek intend to call anthropologists, archaeologists, conservationists and other experts as witnesses. They intend to adduce both oral and documented evidence in support of their cause. The Ogiek regarded the overt pressure being exerted upon them by sections of the provincial administration as a blatant attempt to interfere with the cause of justice. Sometimes between 1991-1993, the Department of Overseas Development Agency (ODA) which has since changed its name to Department for International Development (DFID), financed an equivalent of an impact assessment, which was conducted by reputable team of researchers from Kenya Indigenous Forest Conservation (KIFCON) who did their work in South Western and Western Mau for a total of two years. They were only able to get a total of 1800 names of who it questioned its authentically. The report was forwarded to the president, who in turn handed over to the Provincial Administration, who doctored the report and produced a book titled “Green Book” with a total of 3500 names, with the Ogiek names being 200. We have since established that the doctoring was done by the late Ishmael Chelanga, former Rift Valley Provincial Commissioner, with the help of the Nakuru District Municipality, District Officer Mr. Samoei. The KIFCON group, it is said proposed that a total of 25000 hectares be excised where they were made available to the forest dwelling communities in this case, the Ogiek where they were to act as human shields to avoid encroachment by the adjacent communities. The biggest question was and still is, why was 9 the forest to be protected from encroachment and whether the forestry officials had no capacity to do it, hence this new mode of conservation of human shields. This it was said to cover a five kilometres radius around the forest. This in accordance to the former regime was to help in the security concerns, as it was to prevent certain communities from using the forests as training grounds for armed activities. When Narc will finally have made up its mind to have the forest glory restored, it should not borrow the idea that imaginary enemies, to sabotage its regimes, can use the forest. Since those who benefited from the Kanu regime generosity majority of about 95% had lands elsewhere, then they be made to go back to their lands. Because the test of being either landless or squatters was misused and flecked. In February, 2002, the Kenya government, on the advice of the multinational co-operations, commissioned a new survey in the proposed areas for excisions with a view of retaining critical water catchments zones which politically were put as part of settlement areas. The area found habitable was a total of 32,000 hectares out of the total 67,000 hectares. To redress the historical injustice, this was to be an Ogiek home, devoid of the land grabbers. On March, the same year the environmental organisations went to court in a judicia review No. 421/2002, this too had the Ogiek blessing. Before the finalising of the cases in courts challenging the former regimes Wanton behaviour, here comes the Narc government with a Presidential Land Commission and its reforestation programme, as it threatens to repossess all the allocated land, the Ogiek look forward to their at last home of between (25,00032,000) hectares and most of all the conclusion of their constitutional matters in courts. Whichever way, the home of the Ogiek is long over due; indeed it is 101 years ever since the forest policy declared us homeless by naming our homes forests. ADVICE There is a powerful group of individuals who have thrived in the business of selling parcels of land at a fee to the relatives of the politically correct and business community, the very same group are alleged to have a massed wealth from the forest resources, thus occasioning the lose of government revenue. This powerful cartel has links to the elements of both the old and the new regimes, to whom they have been sharing the ill-begotten wealth. The entire provincial machinery is privy to this for they have been the real beneficiaries. Ask one Mr. Reuben Rotich, the Deputy Provincial Commissioner, Rift Valley, apart from being one 10 of the beneficiaries, of late just as he was doing part of last year he has been criss-crossing Mau Complex holding both secret and open barazas (meetings, gatherings), to urge the grabbers to speed up the development process, on 6th November, 2003, he was at Gichagi area, Mariashoni location, of East Mau, where he supervised survey work and held on a closed door meeting, where the word emerge that he was emphasising that Narc being a weak government, it can not remove the beneficiaries and if it tried, strong armed resistant would be the ultimate solution. This group is credited for the continued allocations of the disputed lands and thus helping to accomplish the land grabbers’ dream. This brings us to another focus, which is the authenticity of the cases filed in courts in which the applicants’ background and the prayer sought must be scrutinised. To the surprise of Narc government, a Truth Commission on the excision of forest is inevitable. FUTURE FOREST POLICY: The new forest policy - which is being formulated by the NARC Government - should put in place mechanism that will see the Indigenous minority forest dwellers enjoying their natural habitants and not to be punished as a results of government policies. These are;1) Much access to resources, development and of benefits sharing from their territory as that enjoyed by farmers, pastoralists and fishermen as what is required for development of the forest dwellers. 2) State to recognise their lands and must be protected from activities which are, in environmental terms, unacceptable or actually unsuitable (Agenda 21, Rio, 1992). 3) Put in place criteria and indicators for sustainable forest development that meets with the spiritual, cultural and social well-being of the Ogiek and the brothers the Sengwer, Yiaku, Morti, IIK, Chepkitale etc, all who are forest dependant people. 4) Foster the development of sustainable development strategies by the forest dwellers at the National and Local levels. 5) Accept that we, the Indigenous minority forest dwellers have our own concept of protected areas and conservation, based upon our customary laws, traditional knowledge and profound connection with our lands, territories and resources. 6) And, last but not least, the settlement scheme sanctioned by the office of the President invaded our private lives, thus banqueting us rights inconsistence with our demands. 11 CONCLUSION The scheme must die a NATURAL DEATH if the Ogiek rights are to be realised. This is because, for the last forty years of independence, the Ogiek have never known peace. They have been subjected to systematic oppression, suppression and brutality. The road to extinction via the assimilation highway has been the official policy of the rulers of the day. If the Narc government is to have the Ogiek to contribute to its rich culture, language and identities, then they should put in place mechanism to address the current identity beginning from the official part of the Ogiek having a place to call A Home. While the former regime accomplished the mission of the supper land grabbers, the present one must accept the realities that the Ogiek have help Kenyans by voicing the official injustices meted against them and their environment and thus co-ownership and management of our Natural Resources is inevitable. In this time of environmental and cultural terrorism, the Ogiek feel humanity must work together not just for survival but also for quality of life based on universal values, that protects the delicate inter-relatedness of life that protects us all- biodiversity is the clinical, technical term for this intricate inter weaving of life that sustains us. “Yes own the Resources but remember that we are related to this life”. OUR VISION: “……a just and equitable Society, where all people enjoys basic human rights and lives in dignity”. MISSION: 12 “…..to fight for the constitution rights of the Ogiek people, to promote their well-being and preserve their environment, culture and identity”. OUR BELIEVE In all persons and communities are created equal All persons have the rights to realise their full human potential Believe in the respect for integrity of creation Believes in the acceptance, recognition and protection of the Indigenous minority people’s identity and cultural distinctions. OUR IDENTITY: “We are Ogiek people, the forest dwellers, the caretaker of animals and plants”. OUR PEOPLE: “We respect the dignity and worth of every person because all of us are made in the image of God and have the right to enjoy the basic human needs. Our existence is hinged to our land and our forest”. OUR STEWARDSHIP OF NATURAL RESOURSES: “We are accountable for both the achievement of desired results the management of the natural resources and for the prudent stewardship of the physical environment. The plants, the animals are our companion – the forest is our habitat”. OUR INTEGRITY: 13 “We seek to be honest in our dealings as individuals and as a communal Institution with regard to the environment. As trustees of animals and plants, we are committed to exercising the highest standards of integrity in all aspects of our operations; we put community traditional interests before personal interests”. MUTUAL RESPECT: “We pledge to appreciate, to nurture and to preserve our biodiversity, our culture and our identity”. OUR PROGRAMMES Our programmes are geared towards: 1) Safe guarding the Ogiek Constitutional rights 2) Environment and Biodiversity Conservation 3) Socio-Economic Well Being which includes: Bee Keeping Education Afforestation Social Services Our Partners are local and international organizations who have been touched by our mission and who are assisting us materially, financially and morally. In this group are churches, Non-governmental organizations, private organizations and institutions. OUR CONTACTS: Ogiek Welfare Council National Secretariat Kwanza House, 1st Floor 14 Kijabe Row, off Kenyatta Avenue P.O. Box 12069 NAKURU Tel 254 (051) 212736 By Joseph K Towett National Coordinator Ogiek Welfare Council & Secretary of the Hunter-Gatherers Forum 15