Housing and ESC Rights Law
Centre on Housing Rights and Evictions
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Vol. 7 - No. 1 March 2010
Q ua r t erly
With the Housing and ESC Rights Law Quarterly, the COHRE ESC Rights Litigation Programme aims to present advocates and other interested persons with information on national and international legal developments related to housing and economic, social and cultural rights.
Communication 276 / 2003 – Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council v. Kenya Cynthia Morel1
Introduction On 2 February 2010, the African Union adopted the first ever indigenous land rights case to be decided by the African Commission on Human and Peoples’ Rights. The landmark victory is the culmination of 40 years of epic struggle led by the Endorois community, which in 1973 was dispossessed of the ancestral land it had occupied since time immemorial. Lake Bogoria, located in the heart of Kenya’s Rift Valley, was to become a wildlife reserve and the State decided the community had to first be displaced. The failure to compensate the community with adequate grazing land to sustain their livestock, or to subsequently involve the Endorois in the management and benefit-sharing of the reserve, forced them into abject poverty from which they have yet to recover. In addition, as in the case of many other indigenous peoples, the severed ties with their ancestral land not only threatened their socio-economic well-being, but also their spiritual and cultural survival.
Cynthia Morel served as co-counsel of the Endorois case as founding Legal Cases Officer, and later, Senior Legal Advisor at Minority Rights Group International.
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• CASE NOTES: Plaintiffs v. Town of Sabinov et al., District Court for Presov, Case No. 8107231252, judgment of 2009
• Communication 276 / 2003 – Centre • Summary for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council v. Kenya
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• CASES TO WATCH - Kozak v. Poland, • UPCOMING EVENTS: Committee on Economic, Social and Cultural Rights European Court of Human Rights, Application No. 13102/02 (2 March 2010)
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