World Rainforest Movement

Forced Relocation of Sengwer People proves urgency of canceling REDD

sengwerFebruary 25, 2014

Download here the full letter in pdf format with the final list of sign-ons 

We, the No REDD in Africa Network (NRAN) together with the undersigned organizations and individuals, strongly condemn the massive evictions and forced relocation of the Sengwer Indigenous People, one of the few remaining hunter-gatherers of the world, from their ancestral home in Kenya’s Cherangany Hills. The Kenyan government calls the Sengwer People ‘squatters,’ despite the fact that they and their ancestors have lived in the Cherangany Hills since time immemorial; and that Article (63d) of the Kenyan constitution (2010) grants them inalienable rights to their ancestral lands.

Sengwer spokesman Yator Kiptum denounced the “disaster” carried out by a combined force of the Kenya Forest Service (KFS) and Administration Police, a paramilitary unit of the police, now evicting the Sengwer, destroying property and burning homes[1]. “The government of Kenya is forcing us into extinction,” he said.[2] According to international human rights law such as the Convention on Genocide, forced relocation of ethnic or racial minorities is a very grave violation and can constitute genocide.

World Bank’s complicity

We take great exception to the press statement issued by the World Bank[3] in which it attempts to distance itself from the forced relocation of the Sengwer People. The cause and effect is perfectly clear; the Bank in its highly controversial role as both carbon credit financier and broker is aiding and abetting the forced relocation of an entire Indigenous People through its Natural Resource Management Plan (NRMP) which includes REDD (Reducing Emissions from Deforestation and Forest Degradation), in the Cherangany Hills.

What is perhaps most disturbing about the statement is the World Bank’s offer to the Kenyan government, “to share best practices in resettlement in line with its safeguard policies. These seek to improve or restore the living standards of people affected by involuntary resettlement.” The World Bank is both admitting its complicity in the forced relocation of the Sengwer People as well as offering to collude with the Kenyan government to cover-up cultural genocide. Claims of being able to restore and improve the living standards of evicted people such as the Sengwer are crude, paternalistic, colonial in nature and above all smack of sheer arrogance on the World Bank’s part.

Background

From 2007 till date, there have been almost yearly forced evictions of the Sengwer People[4] with the latest evictions being the most violent of them all. It is no coincidence that the evictions began in 2007, the very same the year that the World Bank’s Natural Resource Management Project started[5].

In 2013, the Sengwer People moved to court to file an injunction against their imminent removal from their homes and in May an interim injunction was secured at the Eldoret high-court. These orders were further extended in November and on 18 January 2014; the same court issued further orders requiring that the police arrest anyone breaching the injunction until the matter of community rights to their land is resolved. The government of Kenya has continued to ignore these court orders, taking upon itself the role of judge and prosecutor of the Sengwer People’s case.

The Sengwer People are being accused of encroaching on and destroying the forests in the Cherangany Hills, leading to the drying up of rivers that provide water to nearby towns and villages. The government of Kenya states that evicting these ‘squatters’ is the only way to begin the ‘conservation’ of the ecosystems and specially the forests in the area. This is a complete obfuscation of the truth. The Sengwer People have always preserved these ecosystems in their ancestral land by practicing by living sustainably and are now facing complete annihilation under the guise of ‘conservation’ under REDD.

The Kenyan government insists on not distinguishing between the Sengwer People and a large group of Internally Displaced Persons (IDPs), including those affected by the 2007-2008 post-election violence, and victims of landslides who have settled in the Embobut Forest area. The government’s refusal to make this distinction is an attempt to falsely label the Sengwer People as “squatters.”

REDD driving Land Grabs and Forced Relocation of Indigenous Peoples

We are alarmed at the obvious connection between these evictions and the World Bank’s funding of the Kenyan government’s REDD+ ‘readiness’ program in the Cherangany Hills through the bank’s Natural Resource Management project (NRMP). REDD is a highly controversial emissions reduction scheme that uses forests, plantations and lands in the Global South as carbon offsets and supposed sponges of the fossil fuel carbon emissions and pollution from the Global North.

The head of conservation at the Kenya Forest Service, Mr. Solomon Mibei, is on record stating that “REDD+ mechanism is a future option.” He also admitted that the KFS is doing carbon financing workshops with communities. “At the moment, the KFS is conducting workshops with communities living around the Embobut forest and the Kakamega forest to educate them on carbon financing.” Furthermore, the Kenya Forest service has been designated as the REDD+ focal point for the coordination of national REDD+ readiness activities.

REDD+ allows rich polluting countries to shirk their historical responsibilities for and contribution to the climate crisis we now face by enabling them to shift the burden to ‘developing’ countries like Kenya. Instead of reducing emissions at source, which is the only sustainable way to stop the climate catastrophe, such schemes allow them to pretend to reduce emissions elsewhere in the world. Unfortunately as the Sengwer case shows, it is the poorest and most marginalized in developing countries who not only suffer the most from climate change but also the negative effects of the false solutions to climate change like REDD. These false solutions, above all, enable global economic interests to benefit from massive land grabs and the abuse of human and environmental rights.

The World Bank project initially claimed to address land claims of the indigenous communities, as part of the process of ensuring the fair and effective management of the Cherangany Hills forest. This was welcomed by the Sengwer People who thought it would be a great opportunity to address decades of marginalization and loss of access to their ancestral lands which they had faced under the hands of successive Kenyan governments.

But this initiative was soon dropped by the Bank which claimed that it was ‘too complicated’ but at the same time continued to fund the Kenyan government’s REDD+ work in the Cherangany Hills, thereby further entrenching the marginalization of the Sengwer People[6].

In January 2013, members of the Sengwer People made a formal complaint to the World Bank’s Inspection Panel, the organ tasked with the duty of reviewing the impacts of the projects funded by the World Bank[7]. The Inspection Panel visited Kenya in May 2013 to assess the eligibility of the complaint and members of the Sengwer People described the loss of access to much of their ancestral lands as well as their traditional right to protect the forests which they have always depended on for their survival[8]. The Inspection Panel found the complaint to be admissible and a full investigation was recommended, with the final outcome of the investigation expected by the end of the first quarter of 2014.

Unfortunately, the abuses against the Sengwer People are not an exception. The violent eviction of the Ogiek People from the Mau Forest for UNEP-funded REDD is another example of Indigenous Peoples in Kenya being evicted for REDD.[9]

The No REDD in Africa Network’s Maputo Declaration (2013)[10], declared that REDD-type projects are leading to the displacement of forest dependent communities, servitude, killings, repression and other human rights abuses, and the Sengwer Peoples’ plight is a clear example of what we condemn and why there must be no REDD in Africa.

The No REDD in Africa Network has repeatedly denounced that  REDD+ is not merely a false solution to climate change, but is emerging as a new form of colonialism, economic subjugation and a driver of land grabs so massive that they may constitute a continent grab.[11] We must defend the continent from carbon colonialism.

The forced relocation of the Sengwer People by the AK-47 touting Kenya Forest Service is reminiscent of the forced removals of rural communities by the then South African government during the apartheid era. We had hoped that this kind of history would not repeat itself in the continent.

Demands to Government of Kenya:

1. We demand that the government of Kenya immediately and definitively halt the evictions of the Sengwer Indigenous People, return their ancestral lands and provide full reparations and compensation and provide guarantees that they will not be attacked again.

2. We demand that the government of Kenya should issue a formal apology to the Sengwer, duly recognizing these law-abiding citizens of Kenya of as the owners and best custodians of their territory and forests in the Cherangany Hills.

Demands to Governments and the United Nations:

  1. We request that the UN High Commissioner for Human Rights, the UN Special Adviser on Genocide, the UN Special Adviser on the Responsibility to Protect, the Committee on the Elimination of Racial Discrimination (CERD), the UN Special Rapporteur on Indigenous Peoples,  the UN Special Rapporteur on the promotion of truth, justice, reparations and guarantees of non-repetition, the United Nations Permanent Forum on Indigenous Peoples and the UN Expert Mechanism on Indigenous Peoples immediately coordinate, issue statements and take measures to halt the forced relocation and extinction of the Sengwer People, as well as propose concrete measures for the recovery of their territory, reparations, justice and guarantees of non-repetition.
  2. We demand that governments, companies, carbon traders, the World Bank and the United Nations including UN-REDD, UNEP, UNDP and others immediately cancel these harmful REDD and other carbon offset schemes.
  3. We request that the Office of UN High Commissioner for Human Rights and the UN Special Adviser on Genocide prepare a report on how REDD and carbon offsets are causing violations of the United Nations Declaration on the Rights of Indigenous Peoples.
  4. We demand the creation of an International Truth Commission on the forced relocation of the Sengwer People and abuses associated with REDD, REDD-type projects, the Clean Development Mechanism and carbon trading and carbon offsets in the world; composed of Indigenous Peoples, local communities and experts on human rights, the environment and the climate.

Request to African Commission:

  1. We invite the African Commission on Human and Peoples’ Rights to prepare a report on the impact of REDD and carbon offsets on the Indigenous Peoples, local communities and land grabbing in Africa.

In closing, we cordially request that the Government of Kenya, the United Nations and the African Commission on Human and Peoples’ Rights to respond to these demands and requests, and take the corresponding action.

For the No REDD in Africa Network (NRAN),

Signed by: Nnimmo Bassey & Anabela Lemos

 

Cc:

  • President – Uhuru Kenyatta
  • United Nations Secretary General – Ban Ki-Moon
  • President of the World Bank – Jim Yong Kim
  • UN High Commissioner on Human Rights – Navi Pillay
  • UN Special Adviser on prevention of genocide – Adama Dieng
  • UN Special Rapporteur on Indigenous Peoples – James Anaya
  • UN Special Rapporteur on the promotion of truth, justice, reparations and guarantees of non-repetition – Pablo de Greiff
  • UN Special Adviser on the Responsibility to Protect – Jennifer Welsh
  • United Nations Permanent Forum on Indigenous Peoples
  • African Commission on Human and Peoples’ Rights and its Working Group on Indigenous Populations/Communities in Africa
  • Coordinator of the International Labour Organization (ILO) Programme on Indigenous Peoples – Dr. Albert Barume
  • UN-REDD Programme Policy Board and Secretariat
  • UNEP, Executive Director Achim Steiner
  • UNDP, Administrator Helen Clark
  • Kenya National Commission on Human Rights (KNCHR)

Download here the full letter in pdf format with the final list of sign-ons

 

NOTES

[1] Please see NRAN’s report on the Sengwer evictions at: http://www.no-redd-africa.org/index.php/27-countries/kenya/96-kenya-preparing-for-redd-in-the-embobut-forest-and-forcing-sengwer-people-into-extinction

[2] Kenyan government forcing us into extinction’: evictions of Sengwer tribe escalate , Survival International, 24 January 2014 http://www.survivalinternational.org/news/9932

[3] World Bank Statement – http://www.worldbank.org/en/news/press-release/2014/02/06/world-bank-statement-on-embobut-forest-and-cherangany-hills-evictions-in-kenya

[4]World Bank Inspection Panel, Report and Recommendation KENYA: Natural Resource Management Project (P095050), 29 May ‘13, pg. 70, available on http://bit.ly/1jtGMMb

[5] Project Appraisal Document, World Bank, February 26, 2007, available on http://bit.ly/1jtHtoK

[6]Kenya defies its own courts: torching homes and forcefully evicting the Sengwer from their ancestral lands, threatening their cultural survival. Available on: http://bit.ly/1eCydMY

[7]How the World Bank is implicated in today’s Embobut Evictions, http://bit.ly/1eCydMY

[8] World Bank Inspection Panel, Report and Recommendation KENYA: Natural Resource Management Project (P095050), May 29, 2013, page 70, http://bit.ly/1jtGMMb

[9] The Worse REDD-type Projects in Africa: Continent Grab for Carbon Colonialism, http://no-redd-africa.org/index.php/16-redd-players/84-the-worst-redd-type-projects-in-africa-continent-grab-for-carbon-colonialism

[10] No REDD in Africa Network Maputo Declaration. http://no-redd-africa.org/index.php/declarations/42-maputo-statement-no-redd-in-africa-network-declaration-on-redd

[11] African Unite against New Form of Colonialism. http://no-redd-africa.org/index.php/news/14-africans-unite-against-new-form-of-colonialism-no-redd-network-born

4 Comments

  1. There is the urgent need for civil society organizations to strengthen the campaign against land grab in Africa in general. Whatever development plan/ programme that undermines the fundamental contributions of the locals in the planning stage of any development plan or programme in whatever part of the world, is bound to fail. It is therefore an expert opinion that if the government of Kenya seeks to embrace REDD, then the Free Prior Informed Consent (FPIC) of the people should be sought. This is a participatory approach to determine the level of the democratization of the Uhuru Keyatta’s administration as allegedly claimed. The forest dependent communities should seek further legal support from the International Human Rights Court of Justice to curb the illicit powers of the Kenyan government. It is clear that the move by the government of Kenya to evict indigenous people from their ancestral land is a pointer to the potential threat for other forest dependent communities the world over where REDD is operationalize. It is herein pertinent that a legal framework is should be put in place by the REDD advocates to check the menace of possible abuse of the rights of indigenous people by government operatives. Moreover, I consider it likely that more seriousness can be applied to curb the menace of global warming by revisiting the contents of the Kyoto Protocol other than this branded western imperialism in this guise looking very attractive to most African Leaders as was the slave trade era. Lets think twice!

  2. Comment

  3. Restore the Sengwer’s land and fundamental human rights now.

  4. I endorce the letter and hope the leaders take these concerns as a priority and in good faith and justice to the vulnerable people and not for monetary benefit.

    Consuelo Kuettner

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