APRM • SECOND COUNTRY REVIEW REPORT OF THE REPUBLIC OF KENYA arrests and prosecution. Nonetheless the Court found that the Government directive infringed on refugees and asylum seekers’ freedom of movement, right to dignity, right to fair and administrative action and a threat to the non-refoulement principle incorporated by section 18 of the Refugees Act, 2006 as well as violating the State responsibility to persons in a vulnerable situations. The UNHCR and Kenya government have supported 35,000 Somali refugees from the Dadaab camp to return in voluntarily to Somalia since 2014. 3.10.2.6 Minority groups 268. The Makonde: The descendants of the Makonde living in Kenya originated from Mozambique in the 1930s. The present day Makonde in Kenya numbering about ten thousand however had not been naturalized due to lack of supporting documents. As a result they faced various challenges relating to lack of citizenship status. Following sustained support by Kwale county government for the Makonde to attain citizenship and intense lobbying from citizens and civil society, the government of Kenya has undertaken to issue them national identification cards by December 2016 so that they can claim citizenship. 269. The Endorois: the Endorois community lodged a complaint before the African Commission on Human and People’s rights in November. The community alleged violations of their collective socio-economic and cultural rights in 1973 flowing from their displacement from their ancestral lands around Lake Bogori and surrounding areas in favour of the establishment of a wild life sanctuary. In February 2010, the Commission found violation of Articles 1, 8, 14, 17, 21 and 22 of the African Charter on Human and People’s Rights. The Commission recommended the restitution of their rights, access to important sites, compensation for the past and royalties for existing economic activities and, where employment possibilities within the Reserve existed, they should benefit. An inter-agency taskforce to advise on how to implement the decision of African Commission on Human and Peoples’ rights was set up by the President. It consists of among others the Kenya National Commission on Human Rights, government institutions and the concerned county government. 270. The Ogiek: The Ogiek who are hunter-gatherers lodged a case before the African Court on Human and Peoples’ Rights in November 2014 claiming arbitrary forced evictions of the Ogiek without their consultation or compensation from the Mau Forest. The Ogiek assert that the forest is their ancestral home and is critical to their very survival as an indigenous people, providing a source of food, shelter and identity. 271. On the other hand the state position was that the Ogiek had transitioned to livestock farming and the state accordingly planned to resettle men in designated areas of the Mau Forest. A case referred by the African Commission on Human and People’s rights before the African Court on Human rights is still pending. | 129 |