A/HRC/4/32/Add.3
page 16
57.
Cattle rustling, banditry and cross-border insurgency have led to hundreds of deaths,
thousands of internally displaced persons and a flourishing trade in small arms. Near the
Ethiopian border, the Gabra have suffered cross-border attacks by cattle rustlers linked to armed
groups that have caused many victims, and they feel themselves to be neglected by government
authorities. The neighbouring Burji, as well as the Munyayaya and the Orma in Garissa,
presented the Special Rapporteur with similar complaints. One report states that in northern
Kenya insecurity has risen, to rank alongside drought as the principal cause of human misery.
58.
A comparative analysis of conflicts in Turkana, Marsabit, Garissa and Tana River
highlights the high economic, social and cultural costs of these conflicts and the need to invest
resources in conflict resolution at the local level. In Wajir, among other instances, a local peace
initiative is said to have produced promising results. The long-term solution to these complex
conflicts does not consist so much in applying straightforward “law and order” mechanisms, as
some officials in the capital seem to believe, but in local peace initiatives with community
participation. The final costs will be much lower and the results more long-lasting.
59.
Over the years, a number of massacres of unarmed civilians have occurred in the context
of enduring ethnic conflicts, like those at Malka-Mari (1981), Garissa (1982), or Turbi (2005).
The 1984 Wagalla massacre in Wajir stands as the worst episode of human rights violations in
Kenyan history. In the course of three days, security forces detained, tortured and brutally killed
many hundreds of Degodia Somali. While the Government recently acknowledged the loss of
360 lives, other sources interviewed by the Special Rapporteur estimate that there were
2,000-3,000 victims. Many of the survivors still suffer physical and psychological
consequences, and the widows and orphans have found no support. The true facts have never
been established, and none of the alleged perpetrators has been prosecuted.
60.
Besides cases of mass killings, there have been countless reports of arbitrary detention,
police harassment, and incidents of torture and rape suffered by local residents as a result of the
punitive application of security measures. The Special Rapporteur on the question of torture
found in 2000 that those acts were widespread in the northern regions as a “form of communal
punishment” (E/CN.4/2000/9/Add.4, para. 16). Many police abuses have been reported in
relation to social protests associated with land rights claims, and vocal community members
have been ill-treated and arrested. In Laikipia, in 2004, Maasai protesters marking the expiration
of leases under the 1904 treaty with the British were severely repressed, resulting in the killing of
an elder and serious injury to four people. Rape of women and looting in local villages were
reported as a result of the security operation that ensued.
61.
A number of organizations active in promoting land reform and denouncing abuses
against indigenous communities, including the Kenya Land Alliance, Osiligi in Laikipia and
MPIDO, have allegedly been the object of systematic harassment and intimidation by the
authorities, and donors to those organizations have reportedly been pressured to discontinue
funding. In 2005, the director and two other staff members of MS Kenya, a branch of the Danish
Association for International Cooperation that supports the promotion of land rights, were
accused of “subversive activities”.
62.
Exercising the liberties promised by the new Government, people now seek redress for
past injustices. In many of the land rights cases involving human rights violations, the