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Republic of Congo: expansion of tree plantations linked to the carbon market – the underside of an opaque business and greenwashing

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In Congo-Brazzaville, tree planting projects intended for carbon markets have proliferated over the past four years. This concerns large-scale developments of monocultures initiated by oil companies under the seductive term of carbon neutrality and promises of job creation for communities. In reality, they are neither a solution to the climate crisis nor a benefit for the communities of Congo.

Oil and gas industries represent the main source of global emissions. (1) Instead of reducing their emissions, they take advantage of human concern about climate change to promote misleading plans for the expansion of tree planting as a solution to offsetting their emissions. (2) In a vicious circle, very opaque plantation projects are developing, generating new sources of income for plantation companies and providing multinationals a justification to continue to pollute. Twenty years earlier, organizations were already sounding the alarm over greenwashing claims that the expansion of plantations could offset carbon emissions. (3) The devastating effects of these projects, however, do not appear in the advertising messages.

In the Republic of Congo, reforestation projects began in 1936, after colonial destruction. (4) A National Reforestation Service was created and a national afforestation and reforestation program put in place to install one million hectares of plantations. (5) In 2013, the country launched its first carbon project as part of the REDD+ process, the financing of which has not yet been resolved. (6) The expansion of carbon projects initiated by private entities begins in 2019, after several reforms including the revision of the Forest Code, the adoption of a REDD+ strategy and the establishment of a Carbon Task Force. (7)

In the space of four years, between 2019 and 2023, seven long-term lease contracts were concluded between the government and the extractive industries for a total of approximately 570,000 hectares- an area larger than the country of Luxembourg (see the map

Among the signatories of these lease contracts are European multinationals operating in the country and the consultancy firm Forest Management Resource (FRM). FRM is the pioneer of carbon plantation projects in Congo and is now associated with the majority of multinationals, with its omnipresence carrying the scent of mixing roles and conflicts of interest.

Let’s come first to the contracts, these are lease contracts for land the state inherited from the colonial era, this time leased out for the development of carbon compensation projects, thus encouraging the continuity of carbon pollution. This lease contract system presents a colonial reconquest of agricultural land obtained through colonial heritage (9), in a very opaque and non-consensual approach. The architecture of this approach is generally characterized by the absence of a framework to make the lease contracts public, thus reinforcing opacity of information that ought to be public. Specifically, we note the absence of community consultation before the start of certain projects. (10) This has been strongly criticized in several carbon projects developed around the world.

Concerning the area granted, these plantation projects are developing in a logic of land grabbing in which the government facilitates the lease of land it claims to be the “public domain of the State”, under the law n°9-2004 of March 26 2004. But this claim of the State remains contested, especially since articles 2, 5 and 23 of the Constitution of October 25, 2015 advocate that national sovereignty is vested in the people. Another thing to note is that the ratio between the area granted in the leases and that targeted for plantations does not match. In fact, the total area to be planted adds up to 380,000 hectares out of the 570,000 hectares granted in leases. This raises the question about the use of those portions of land which these projects do not mention.

In addition to opaque information and land grabbing, we also note the use of misleading and seductive terms such as carbon neutrality and the promise of job creation for communities. According to various studies, monoculture tree plantations actually have a low sequestration potential compared to that of forests; monocultures also consume large quantities of water and negatively affect natural ecosystems. (11) In essence, to set up the plantations, all or part of the existing vegetation is destroyed in order to compensate for oil emissions.

Now, it is important to understand the impact of the expansion of these projects on forest-dependent communities and what is behind these projects.

FRM COFOR: communities question an opaque carbon market

In 2019, Forêt Ressources Management, created a subsidiary called Congo Forest Plantation (COFOR), a company under Congolese law. The same year, it signed a long-term lease contract with the government of Congo to develop the reforestation at Madingou-Kayes. The company is currently developing four projects with its investors. Interviewed by the Makanisi blog, the owner of the company stated that the projects will establish acacia-cassava and eucalyptus plantations, develop a sawmilling and plywood sector with an attractive promise of creating thousands jobs for communities. (12) Another objective of the project is to contribute to climate change mitigation through plantations. (13)

But the reality looks very different. Madingou-Kayes communities interviewed state that “we do not have access to either the lease contract or the project document. We are even surprised to hear that there are carbon projects here. All we know is not to enter this forest…”. Apart from the lack of information, the consent of the communities was evidently not obtained before the start of the project.

BACASI: greenwashing, violence against communities, a useless project for the country

The BaCaSi project is a partnership of several entities, among others: French oil company Total Energies and the company Forêt Ressources Management, via its Congolese subsidiary Forest Neutral Congo and the Republic of Congo. The project aims to develop a 40,000-hectare monoculture plantation within a project area of 55,000 hectares (14), while paradoxically, the area conceded as lease in 2022 is 70,089 hectares. This raises questions about other unstated objectives of the project.

In addition, the project is said to involve ‘a partnership based on advanced local agriculture and forestry, serving integrated development and climate action, with co-benefits such as jobs as well as social projects in the areas of nutrition, health and education.’ (14)

However, research by local and international organizations has revealed that this is a very controversial project. In particular, farmers and indigenous populations were ordered to leave their land, an indication of the project’s grabbing policy, some land-owning communities also received low compensation from the authorities (some at a rate of one dollar per hectare) and lost their livelihoods, which reinforces their food insecurity and poverty. (15) The revelations about the Bakasi project do not stop there. “Because this is not only be about carbon credits, the plantation in reality will only offset 2 percent of the carbon emissions of the oil company Total Energies, so behind this operation, is a question of money and not a question of corporate philanthropy” remarks a human rights defender who concludes that this project is not useful for the Republic of Congo.

Sequoia plantation: wood processing and opaque credit ambition

After multiple attempts to develop a destructive plantation project which has been held in check by communities and civil society in Gabon (16, see also article in this bulletin), the company Séquoia Plantations found refuge in the Republic of Congo, thanks to significant support granted by the authorities, declared one of the company’s managers. (17) Sequoia, founded by the multinational OLAM, is now part of the Equitane group, based in Dubai. Two lease contracts have been concluded for two projects currently under development: a 36,000-hectare replanting project was granted in May 2023 and the 69,000-hectare project obtained a lease in 2022, representing a total investment of 96.5 million Euros. (18)

Although according to the project document (19), the project focus is on the establishment of new tree plantations, plantation wood is already being harvested and processed at the site, thus raising questions about adding new to old plantations. Indeed, comments by the company manager point to objectives beyond those acknowledged in the project documents. During an interview (19), the manager suggested that his company will carry out large-scale plantations, with a view to fighting climate change and while reducing their carbon footprint. On the other hand, a resident of Mandingou-Kaye denounces the lack of accessibility to the lease contract and a consultation process tailored to local authorities. It is important to ultimately establish the existence of an unacknowledged carbon agenda and that the projects were developed with only partial information available.

ECO ZAMBA : excessive opportunism and unpredictable impacts

EcoZamba is a project of the National Oil Company of Congo, taking place in the savannah zone of the Congo Plateau. A 30-year lease contract was concluded in 2024 with the government. The contract grants the company the use of ​​168,720 hectares of land. Afforestation and agroforestry projects said to cover 50,000 hectares aim, among other things, at the sale of carbon credits. (20)

Some NGOs are skeptical about the impacts of this project on communities and the environment. According to them, “reforestation is not the priority oil companies. Their calling is to produce and market oil. They are launching into a sector that is not theirs. It’s out of simple opportunism. Environmentally, we are losing our savannah ecosystem with impacts on animals, birds and insects that can only thrive in savannah areas.” The cost of financing the project has not been revealed, and neither has the lease contract been made public. (21)

RENCO : the Mbé carbon garden project

The government of the Republic of Congo and the company RENCO GREEN SARLU, a subsidiary of the Italian multinational RENCO SPA, signed a partnership agreement on July 28, 2023 as part of the Carbone-Mbé Garden initiative. The project aims to establish acacia plantations on 40,050 hectares and market the carbon of the planted trees. Project plans include the proposal to establish 1,200 hectares of agroforestry plantations for the benefit of communities, following an “Acacia-Manioc” agroforestry model, with the plan to set up one hundred and fifty (150) hectares per year and rotations of eight years. (22)

The existing law grants exclusivity of the carbon credits generated in the plantations established on the lease lands that are part of the State forest domain to the private company that holds the lease. Thus, ultimately, the project does not provide for any benefit sharing plan from the carbon sold with the communities.

Additional carbon projects have been awarded in the Republic of Congo, in the forestry and conservation industry sectors. Among others, the forest industry of Ouesso (23); the logging companies Congolaise Industrielle de Bois and Yuan Dong Forestry Company, and the conservation NGO Widlife Conservation Society have been awarded permits for carbon projects. (24) Also, African Park Network, manager of the Odzala-Kokoua National Park, has expressed its intention to diversify its field of activity into carbon credits. (25)

Ultimately, the interest of oil extraction companies remains to continue to extract fossil fuels, as well as to do business in the carbon market, which provides a double benefit for them. (26) To do this, they develop deceptive projects, seduce communities and use very opaque approaches. Meanwhile, the roots of the problem remain intact, including: climate change caused by the use of fossil fuels and communities lacking access and protection of their customary lands. So, no matter how large it is, no tree plantation will ever be able to absorb the carbon emitted by oil activities and will never solve the problems of communities dependent on land and forests.

Bernadin Yassine NGOUMBA, defender of human rights and the environment, and the WRM

(1) Rapport Agence internationale de l’énergie (AIE 2023) : 33 pour cent pour le pétrole et 23 pour cent pour le gaz naturel. https://www.iea.org/reports/world-energy-outlook-2023
(2) WRM. Expansion des plantations d’arbres pour les marchés du carbone. Décembre 2023.
(3) Déclaration du Groupe de Durban. 2004.
(4) Jean, B. et Delwaulle, – J.C. Les Reboisements en République Populaire du Congo. La Chronique Internationale. 1981, Vol. XIII, 2.
(5) Service National de Reboisement (http://snrcongo.free.fr/ ) créé en 1986 et Programme National d’Afforestation et de Reboisement (PRONAR) créé en 201. https://tinyurl.com/4cx47zuc
(6) RP Sangha Likouala, document de projet. https://tinyurl.com/4h9js8y3
(7) Code forestier revisé :  Loi 33 du 08 juillet 2020 portant code forestier, art. Titre 10 sur les crédits carbone, art. 177 et suivant (https://www.sgg.cg/codes/congo-code-2020-forestier.pdf) ; strategie REDD :  Stratégie REDD+, 2018; task force carbone : Communiqué de la session inaugurale de la mise en place de la Task-Force Carbone, février 2024.
(8) Pigeaud, Fanny. Dans le bassin du Congo, la Françafrique fait feu de tout bois. Pulitzer Center, 2024.
(9) Raison, Jean-Pierre. La colonisation des terres neuves intertropicales. Persée. 1968, 5-112.
(10) REDD Monitor, Les dirigeants autochtones n’ont pas été consultés sur l’accord REDD de 180 millions de
dollars conclu par la coalition LEAF dans l’État du Pará. https://reddmonitor.substack.com/p/indigenous-leaders-were-not-consulted
(11) Total au Congo, une opération de Greenwashing destructice. Comité catholique contre la faim et pour le développement – terre solidaire. 2022.
(12)  Le Congo mise sur l’agroforesterie et les puits de carbone en savane. Malu-Malu, Muriel Devey. s.l. : Makanisi, 2021.
(13) Paul Bertaux et al. Les plantations forestières en Afrique Centrale. 2020.
(14) Le projet BaCaSi : un partenariat pionnier pour le développement durable en République du Congo. Total Energie. 2022. Voir aussi : Loi n°7-2022 du 26 janvier 2022 portant approbation de la convention de partenariat entre le gouvernement et les sociétés Total Nature Based, Congo Forest Company et Forest Neutral Congo.
(15) Des paysans expulsés pour des crédits carbone au Congo. Tiassou, Kossivi. 2023.
(16) Haut-Ogoou” : Sequoia plantations face au rejet des population malgré l’opportuinité d’emploi. Libreville : s.n., 19 septembre 2023, Ethique media Gabon.
(17) Singh, Satinder. Une déléguation de la société Sequoia chez Rosalie Matondo. Page facebook du MEF. Brazzaville, 19 Janvier 2024.
(18) SEQUOIA Plantation. Note d’information: La situation de l’eucalyptus en République du Congo. 2024. p. 4-5.
(19) Barot, Shailesh. Exploitation forestière: la société Sequoia plantation obtient une concession de 35 961 hectares. Brazzaville, 13 mai 2023.
(20) Signature d’un bail emphytéotique entre le gouvernement congolais et la SNPC. Agence d’information environnementale. s.l., 2024.¸ Projet Eco Zamba : la SNPC s’engage dans la plantation d’acacias pour compenser son impact environnemental au Congo.  Fatshimetrie. s.l., 2023.
(21) Congo-B: la compagnie pétrolière nationale lance un projet de reforestation. RFI, 2023.
(22) Projet JACA-Mbé : RENCO Green Sarlu compte séquestrer 30 millions de tonnes équivalent carbone à l’horizon 2025. Agence d’information’environnementale. AIE. Voir aussi : Loi 33 du 08 juillet 2020 portant code forestier, art. Titre 10 sur les crédits carbone, art. 177 et suivant.
(23) Congo : Un accord pour commercialiser les réductions des émissions générées dans les Aac de Ngombé. Fédération Atlantique des Agences de Presse Africaine (FAAPA). s.l., 2024. Voir aussi : Projet Interholco AG
(24) Projet OLAM CIB; Projet SEFYD; Projet HIFOR de WCS, gestionnaire du Parc Nuabalé Ndoki;
(25) https://www.aci.cg/congo-economie-forestiere-necessite-de-diversifier-les-activites-du-parc-national-dodzala-kokoua-pour-promouvoir-lecotourisme/?amp=1
(26) La région de la Sangha en République du Congo. WRM. 2022.

Original Source: World Rainforest Movement (WRM)

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Peace in DRC Requires More than Symbolic US Sanctions on Rwanda

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  • On March 2, 2026, the US Treasury imposed sanctions on the Rwanda Defence Force (RDF) and four of its senior officials following their “blatant violations of the Washington Peace Accords.”
  • The step remains symbolic and unlikely to meaningfully deter the actors exploiting Congolese minerals who are fueling the war.
  • The sanctions neither affect the deals made by the US with critical mineral companies tied to the Rwandan government nor does it impact American foreign assistance to the country.
  • As long as the US continues to support Rwanda as a business hub for refinery and reexport of smuggled Congolese minerals, there will be no incentive for RDF/M23 to return valuable mines and lands to the Congolese and end the conflict.

Oakland, CA – On March 2, 2026, the US Treasury imposed sanctions on the Rwanda Defence Force (RDF) and four of its senior officials following their “blatant violations of the Washington Peace Accords” signed between Rwanda and the DRC in December 2025.

The RDF has been actively supporting, training, and fighting alongside its proxy, the March 23 Movement (M23), waging a war that has led to countless deaths, mass atrocities and displacement in eastern DRC. Together, they have seized the provincial capitals of Goma and Bukavu and strategic mining sites in South and North Kivu.

“Sanctioning the RDF is an important step but is unlikely to meaningfully deter the actors exploiting Congolese minerals that are fueling the war,” said Frédéric Mousseau, Policy Director of the Oakland Institute. “As long as the US continues to support Rwanda as a business hub for refinery and reexport of smuggled Congolese minerals, there is no incentive for RDF/M23 to return valuable mines and lands and end the conflict that has been decimating the Congolese people for over three decades.”

While applying sanctions, the US continues to make deals with critical mineral companies tied to the Rwandan government. In May 2025, Rwanda’s Trinity Metals signed a letter of intent with the US Department of State to establish a new supply chain of tin from Rwanda to the US. In October 2025, Rwanda exported tungsten to the US for the first time through a partnership involving Trinity Metals, Pennsylvania-based Global Tungsten & Powders, and the international commodities trading firm Traxys. Under this ongoing deal, between four and seven containers of tungsten concentrate will be shipped every quarter to the US for two years, offering a strategic alternative source for a mineral largely produced by China.

According to the most recently available ownership information, Ngali Holdings holds 5 percent of Trinity Metals and 25 percent of the company’s Rutongo tin mines. State-owned with reported ties to the RDF, Ngali Holdings was established in 2015 to undertake the “exploration, extraction/exploitation and commercialization of strategic mineral resources.” While the RDF’s minority stake in Trinity Metals does not make the company eligible for sanctions, it shows the limitations of the sanctions’ overall impact. Rwanda’s role in the US plan to seize control of Congolese minerals remains intact.

The US sanctions also fail to confront the massive financial benefits Rwanda/M23 gain from occupying eastern DRC. Since M23 seized the Rubaya mine in eastern DRC in 2024, the group has ensured a monopoly on the export of coltan to Rwanda to collect an estimated US$800,000 monthly from the taxation of coltan production and trade. Rebels have also funneled gold into Rwanda, driving a record US$2 billion in exports in 2025.

Moreover, Rwanda still receives substantial foreign assistance from the US, its largest bilateral donor,  with just under US$200 million in 2024 and US$174 million for 2025 – a partial, not fully reported, estimate. With a US$3.37 billion World Bank portfolio for a country of just 14 million people, Rwanda is also among the highest per-capita recipients of World Bank financing –  receiving almost four times more per capita than DRC. Horizon Construction, a consortium with links to the RDF, has reportedly been awarded several contracts as part of the Bank’s multi-million dollar road improvement project that is active today.

In October 2025, the Oakland Institute released Shafted: The Scramble for Critical Minerals in the DRC, warning that US diplomatic initiatives, including the Rwanda-DRC peace deal – were being used to advance mineral extraction interests under the guise of bringing peace to the region. The Institute further documented how the RDF Commander in chief, President Paul Kagame has been a champion of impunity despite repeatedly violating peace and ceasefire agreements over the years.

“Rwanda’s violations of the Washington Accord and continued occupation of DRC point to the inherent contradictions of the US-brokered “peace deal” added Mousseau. “The deal granted Rwanda privileged access to Congolese resources and a key role in their refining and reexport – a reward for an aggressor who has made hundreds of millions of dollars from the plundering of Congolese minerals. This impunity and injustice can’t bring peace to Congo,” he concluded.

Source: www.oaklandinstitute.org/

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US-DRC Strategic Partnership Agreement Faces Constitutional Challenge in Court

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Top photo: President Donald Trump participates in a trilateral signing ceremony of a peace and economic agreement with President Paul Kagame of the Republic of Rwanda and President Felix Tshisekedi of the Democratic Republic of the Congo, Thursday, December 4, 2025, at the United States Peace Institute in Washington, D.C. (Official White House Photo by Daniel Torok)

  • In a landmark legal action, Congolese lawyers and human rights defenders have filed a constitutional challenge against the US-DRC Strategic Partnership Agreement, signed on December 4, 2025, in Washington, DC.
  • A recent report from the Oakland Institute exposed how the US-brokered “peace” deal between Rwanda and the Democratic Republic of the Congo (DRC) is the latest US maneuver to control Congolese critical minerals.
  • While US mining firms secure privileged access to vast reserves of copper, cobalt, lithium, and tantalum, promises of peace and security remain hollow as Rwanda and its proxy M23 armed group continue to occupy large swaths of mineral-rich territory in eastern DRC.

Oakland, CA – In a landmark legal action in January 2026, Congolese lawyers and human rights defenders filed a constitutional challenge against the US-DRC Strategic Partnership Agreement, signed on December 4, 2025, in Washington, DC.

Signed alongside the US-brokered “peace deal” between Rwanda and the DRC – known as the Washington Accord – the agreement grants the United States preferential access to Congolese mineral reserves and requires the DRC to amend its national laws and potentially its Constitution. The agreement further establishes a joint governance mechanism that gives Washington a direct role in overseeing the management of Congo’s mining sector.

The lawyers argue that the agreement violates the Congolese Constitution, which requires that any amendment to national laws and/or the Constitution be subject to democratic review and approval by Parliament or by popular referendum.  In particular, the agreement contravenes Article 214 of the DRC’s Constitution, which governs the ratification of international agreements that alter domestic law. The petition also contends that the agreement violates Articles 9 and 217, which enshrine national sovereignty over natural resources, as well as Article 12, which guarantees equality before the law.

“By filing this case with the Constitutional Court, we are assuming our responsibility as Congolese citizens to protect the sovereignty of our country and safeguard our patrimony for future generations,” said Attorney Jean-Marie Kalonji, one of the plaintiffs.

In October 2025, the Oakland Institute released Shafted: The Scramble for Critical Minerals in the DRC, warning that US diplomatic initiatives, including the Rwanda-DRC peace deal — were being used to advance mineral extraction interests under the guise of bringing peace to the region.

“The Partnership Agreement makes it clear that these concerns were legitimate. The Congolese people have been sidelined, with an agreement focused on extraction and exploitation and a peace deal that shockingly overlooks the need for justice and for holding perpetrators accountable,” said Anuradha Mittal, Executive Director of the Oakland Institute. “While the US mining firms secure privileged access to Congo’s vast reserves of critical minerals, promises of peace and security remain hollow with Rwanda and M23 still occupying large swaths of land in mineral-rich eastern DRC,” Mittal continued.

In mid-January 2026, the DRC government took a major step towards implementing the agreement by providing Washington with a shortlist of state-owned assets — including manganese, copper, cobalt, gold and lithium projects – marked for potential US investment.

The lawyers and human rights defenders behind this case are calling for a nationwide mobilization to defend Congolese sovereignty and are urging the international community to support their legal action and uphold international law at a time when it faces an unprecedented threat.

“The Oakland Institute will continue to stand by its partners to support this mobilization and promote a Congolese-led path for peace, justice, and prosperity for the DRC instead of Trump’s hyperbole of peace and security accomplished through its mineral deal,” concluded Mittal.

Source: oaklandinstitute.org

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Violations against Kenya’s indigenous Ogiek condemned yet again by African Court

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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.’

Image: The Ogiek delegation outside the African Court after the delivery of the decision. 4 December 2025.

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

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