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46.
According to the information received by the Special Rapporteur in the early 1980s in
a joint initiative by the Government and FAO to reduce desertification the prosopis plant
(Prosopis juliflora) was introduced in the Marigat area, homeland of the Il Chamus. A thorny
vegetation, the invasive plant rapidly colonized the area and destroyed native flora, causing harm
to humans, as well as emaciation and death of livestock. The community, which was visited by
the Special Rapporteur, claims to have found no support in addressing the devastating
consequences of the wrong policy and filed a lawsuit in 2006 demanding reparation.
47.
Pastoralists’ lives have also been affected by the consequences of the establishment in the
past and at present of military bases and training camps in pastoralist areas like Isiolo, Garissa,
Laikipia, Samburu, Turkana and Wajir. Unexploded ordnance left behind after military
exercises in pastoralist areas have produced numerous victims among local communities, who
complain that they have not received any compensation for their losses and that nobody has
assumed responsibility for cleaning up the contaminated lands.
E. Conservation versus livelihood
48.
Kenya is widely admired in the world for its national parks and game reserves, which
have become a major tourist attraction and therefore important for the national economy. It is
estimated that direct and indirect revenues from wildlife conservationist policies amount to
10 per cent of GDP. Protected areas cover over 3.5 million hectares, or 6 per cent of Kenya’s
total land area. The conservation of wildlife and the preservation of natural parks are considered
high priority for the country, and this has involved separating indigenous people from the
wildlife and the forests. Many families were evicted by the creation of protected areas, most of
which were originally inhabited by pastoralists and hunter-gatherers.
49.
The Endorois community has lived for centuries in their traditional territory around
Lake Bogoria, which was declared a wildlife sanctuary in 1973. Since then, the community has
been pushed to live in the higher lands, a rocky terrain providing insufficient pasture for their
animals. The community brought suit against the Government, seeking return to their lands and
participation in the benefits derived from the reserve. Failing to obtain redress at the national
level, they brought the case before ACHPR in 2003.
50.
On the mistaken assumption, held since colonial times, that subsistence hunting by
indigenous communities was decimating wildlife, the Wildlife Conservation Act interdicts game
hunting inside and outside the protected areas. Those who persist are often arrested and
prosecuted as poachers, and in some areas “eco-guards” were armed and actually killed poachers
to prevent illegal hunting. Despite centuries of coexistence with wildlife, nomadic pastoralists
are not allowed to herd their cattle in the reserves even in game reserves which are managed by
the local authorities on behalf of the local communities. In the context of rising human
population and escalating poverty, the restrictions imposed on the utilization of national parks
and game reserves by pastoralists have severely affected their livelihoods and their chances for
survival.
51.
Wildlife conservation also has had direct negative impacts on neighbouring communities.
The Maasai living close to Amboseli and Maasai Mara denounce the killing and injury of many