Minority Rights Group welcomes today’s decision by the African Court on Human and Peoples’ Rights in the case of Ogiek people v. Government of Kenya. The decision reiterates previous findings of more than a decade of unremedied violations against the indigenous Ogiek people, centred on forced evictions from their ancestral lands in the Mau forest.

The Court showed clear impatience concerning Kenya’s failure to implement two landmark rulings in favour of the indigenous Ogiek people: in a 2017 judgment, that their human rights had been violated by Kenya’s denial of access to their land, and in a 2022 judgment, which ordered Kenya to pay nearly 160 million Kenyan shillings (about 1.3 million USD) in compensation and to restitute their ancestral lands, enabling them to enjoy the human rights that have been denied them.

Despite tireless activism from the community and the historic nature of both judgments, Kenya has not implemented any part of either decision. The community remains socioeconomically marginalized as a result of their eviction and dispossession. Evictions have continued, notably in 2023 with 700 community members made homeless and their property destroyed, and in 2020 evicting about 600, destroying their homes in the midst of the Covid-19 pandemic.

Daniel Kobei, Executive Director of the Ogiek Peoples’ Development Program stated, ‘We have been at the African Court six times to fight for our rights to live on our lands as an indigenous people – rights which our government has denied us and continues to violate, compounding our plights and marginalization, despite clear orders from the African Court for our government to remedy the violations. This is the seventh time, and we were hopeful that the Court would be more strict to the government of Kenya in ensuring that a workable roadmap be followed in implementation of the two judgments.’

Kenya has repeatedly justified the eviction of Ogiek as necessary for conservation, although the forest has seen significant harm since evictions began. Many in the community see a connection between their eviction and Kenya’s participation in lucrative carbon credit schemes.

‘The Court’s decision underscores the importance of timely and full implementation of measures imposed on a state which has been found to be in breach of their internationally agreed obligations. Kenya must now repay its debt to the indigenous Ogiek by restituting their land and making reparations, among other remedies ordered by the Court’, said Samuel Ade Ndasi, African Union Advocacy and Litigation Officer at Minority Rights Group.

The decision states, ‘the court orders the respondent state to immediately take all necessary steps, be they legislative or administrative or otherwise, to remedy all the violations established in the judgment on merits.’ The court also reaffirmed that no state can invoke domestic laws to justifiy a breach of international obligations.

Both of the original judgments were historic precedents, breaking new ground on the issue of restitution and compensation for collective violations experienced by indigenous peoples and confirming the vital role of indigenous peoples in safeguarding ecosystems, that states must respect and protect their land rights, that lands appropriated from them in the name of conservation without free, prior and informed consent must be returned, and their right to be the ultimate decision makers about what happens on their lands. Today’s decision adds to this tally of precedents as it is the first decision of the African Court on Human and Peoples’ Rights concerning the record of a state in implementing a binding decision.

The case

In October 2009, the Kenyan government, through the Kenya Forestry Service, issued a 30-day eviction notice to the Ogiek and other settlers of the Mau Forest, demanding that they leave the forest. Concerned that this was a perpetuation of the historical land injustices already suffered, and having failed to resolve these injustices through repeated national litigation and advocacy efforts, the Ogiek decided to lodge a case against their government before the African Commission on Human and Peoples’ Rights with the assistance of Minority Rights Group, the Ogiek Peoples’ Development Program and the Centre for Minority Rights Development. The African Commission issued interim measures, which were flouted by the Government of Kenya and thereafter referred the case to the African Court based on the complementarity relationship between the African Commission and the African Court on Human and Peoples’ Rights and on the grounds that there was evidence of serious or massive human rights violations.

On 26 May 2017, after years of litigation, a failed attempt at amicable settlement and an oral hearing on the merits, the African Court on Human and Peoples’ Rights rendered a merits judgment in favour of the Ogiek people. It held that the government had violated the Ogiek’s rights to communal ownership of their ancestral lands, to culture, development and use of natural resources, as well as to be free from discrimination and practise their religion or belief. On 23 June 2022, the Court rejected Kenya’s objections and set out the reparations owed for the violations established in the 2017 judgment.

Source: minorityrights.org

A new report challenges one of the most persistent and harmful myths shaping Africa’s development agenda — the idea that the continent holds vast expanses of “unused” or “underutilised” land waiting to be transformed into industrial farms or carbon markets.

Titled Land Availability and Land-Use Changes in Africa (2025), the study exposes how this colonial-era narrative continues to justify large-scale land acquisitions, displacements, and ecological destruction in the name of progress.

Drawing on extensive literature reviews, satellite data, and interviews with farmers in Zambia, Mozambique, South Africa, and Zimbabwe, the report systematically dismantles five false assumptions that underpin the “land abundance” narrative:

1. That Africa has vast quantities of unused arable land available for cultivation

2. That modern technology can solve Africa’s food crisis

3. That smallholder farmers are unproductive and incapable of feeding the continent

4. That markets and higher yields automatically improve food access and nutrition

5. That industrial agriculture will generate millions of decent jobs

Each of these claims, the report finds, is deeply flawed. Much of the land labelled as “vacant” is, in reality, used for grazing, shifting cultivation, foraging, or sacred and ecological purposes. These multifunctional landscapes sustain millions of people and are far from empty.

The study also shows that Africa’s food systems are already dominated by small-scale farmers, who produce up to 80% of the continent’s food on 80% of its farmland. Rather than being inefficient, their agroecological practices are more resilient, locally adapted, and socially rooted than the industrial models promoted by external donors and corporations.

Meanwhile, the promise that industrial agriculture will lift millions out of poverty has not materialised. Mechanisation and land consolidation have displaced labour, while dependency on imported seeds and fertilisers has trapped farmers in cycles of debt and dependency.

A Continent Under Pressure

Beyond these myths, the report reveals a growing land squeeze as multiple global agendas compete for Africa’s territory: the expansion of mining for critical minerals, large-scale carbon-offset schemes, deforestation for timber and commodities, rapid urbanisation, and population growth.

Between 2010 and 2020, Africa lost more than 3.9 million hectares of forest annually — the highest deforestation rate in the world. Grasslands, vital carbon sinks and grazing ecosystems, are disappearing at similar speed.

Powerful actors — from African governments and Gulf states to Chinese investors, multinational agribusinesses, and climate-finance institutions — are driving this race for land through opaque deals that sideline local communities and ignore customary tenure rights.

A Call for a New Vision

The report calls for a radical shift away from high-tech, market-driven, land-intensive models toward people-centred, ecologically grounded alternatives. Its key policy recommendations include:

• Promoting agroecology as a pathway for food sovereignty, ecological regeneration, and rural livelihoods.

• Reducing pressure on land by improving agroecological productivity, cutting food waste, and prioritising equitable distribution.

• Rejecting carbon market schemes that commodify land and displace communities.

• Legally recognising customary land rights, particularly for women and Indigenous peoples.

• Upholding the principle of Free, Prior, and Informed Consent (FPIC) for all land-based investments.

This report makes it clear: Africa’s land is not “empty” — it is lived on, worked on, and cared for. The future of African land must not be dictated by global capital or outdated development theories, but shaped by the people who depend on it.

Download the Report

Read the full report Land Availability and Land-Use Changes in Africa (2025) to explore the evidence and policy recommendations in detail.

Source: Alliance for Food Sovereignty in Africa (AFSA)