In addition to forced
evictions from their forest lands and burning of their houses, the state
compounds health problems of most indigenous children who suffer from a high
rate of stunted growth, research has shown.
A civil society shadow
report from the Centre for Minority Rights Development (Cemiride) and other
organisations shows the government’s denial is directly undermining the health
outcomes of indigenous communities.
Many live without
adequate shelter after expulsion from their ancestral homes.
‘Shadow reports’ are
prepared by non-governmental organisations to augment or give an alternative
interpretation and view of government reports submitted to international treaty
bodies. Typically, they emphasise non-compliance or issues the state does not
address.
The report is
submitted to the UN ahead of the fourth cycle of the Universal Peer Review
mechanism and will inform the global community’s understanding of the human
rights situation in Kenya.
Nineteen per cent of
Kenya’s multiethnic population comprises communities that identify as
indigenous. They include hunter-gatherers such as the Ogiek, Sengwer, Yiaku
Waata and Sanya, while pastoralists include the Endorois, Turkana, Maasai,
Samburu and others.
Indigenous
fishing communities include the Bajuni at the Coast, the Banyala and Suba along
Lake Victoria, the Ilchamus around Lake Baringo, the Elmollo and Turkana along
Lake Turkana.
The reporting group
cites the 2022 Kenya Demographic and Health Survey by Kenya National Bureau of
Statistics.
It read that three
counties of Kilifi, West Pokot and Samburu, predominantly populated by
indigenous communities, had a high rate (more than 30 per cent) of children
under age five, who are stunted - a sign of chronic undernutrition.
With the national
average at about 18 per cent, Tana River, Kitui, Narok, Baringo and Turkana and
Mandera are also doing poorly with very high stunted rates of between 21 and 30
per cent of their populations.
Stunting refers to a
child being too short for his or her age, indicating impaired growth and
development. It is a key indicator of malnutrition and can have lasting
negative impacts on a child's physical and cognitive development.
“These statistics are
an indication of food insecurity and malnutrition in these communities, which
could be a result of policies and legal frameworks that contribute to poverty
and inhibit food production at local communities,” the shadow report read.
“Punitive laws
criminalising access to and propagation of indigenous seeds and breeds, land
laws that continue to disinherit indigenous peoples from their lands, as well
as unimplemented judgments against the eviction and displacement of indigenous
peoples from their lands have worsened food insecurity among the peasant
communities in Kenya,” it read.
The lobbies complain
these communities are not recognised and their sources of livelihood and
lifestyles are routinely violated by the government and majority communities.
Land is crucial for
securing the right to food for peasants, including pastoralists, forest
peoples, and fisher communities, the report read, adding that both pastoralists
and hunter-gatherers face land and resource tenure insecurity.
The Ogiek’s case and
the 988,421-acre (400,000ha) Mau Forest, which is divided into 22 blocks across
six counties, including Nakuru, Narok, Kericho, Baringo, Nandi and Uasin Gishu,
is one such example.
The community has
faced historical land injustices; the most recent being the 2023 eviction that
displaced 700 families from the Maasai Mau Forest bloc.
“In 2023, Ogiek
community members were displaced in Sasimwani Forest in the Mau Complex without
being given alternative land, in violation of Articles 40, 60 and 63 of the
constitution.
“This happened in
spite of a ruling by the African Court on Human and Peoples’ Rights in 2017 and
the Ogiek obtaining interim court orders in both the Narok and Nakuru Law
Courts, November 9 and November 23, for the government to stop the evictions,”
the report read.
Further, many members
of the Yiaku community have been displaced by banditry due to insecurity
and similarly, Mukogodo Forest, covering 74.598 acres (30,189ha) has lost more
than 700 community members stricken by forced evictions since July 2023.
Moreover, the report
reads that the Kenya coastline and Lake Victoria face significant challenges
affecting fishing family livelihoods.
“Fisher communities
have lost access to their traditional waters due to nationalisation without
consultation and the commercialised management of fisheries lacks a fair
benefits-sharing framework.
“This exclusion has
resulted in loss of livelihoods, severely impacting their right to food and
food security. Nutritional levels among these communities have declined
drastically, leading to food deprivation,” it said.
Additionally,
conflicts have arisen over access to fishing waters due to Kenya Wildlife
Service regulations and boundary disputes with neighbouring countries persist.
In 2023, conflicts
near Sumba Island in Lake Victoria left three Kenyan fishermen dead and two
injured.
The clashes also saw
75 arrested; 60 were released with the rest reported or missing.
Instant analysis
The report indicated
the high-handed manner in which the state has handled the indigenous
communities is having a direct negative impact on their children. Malnutrition
due to disrupted livelihood ecosystems resulting from arbitrary evictions is
having a real-life negative impact on the indigenous communities.
