Protected areas, Indigenous rights and land restitution: the Ogiek judgment of the African Court of Human and Peoples’ Rights and community land protection in Kenya

Abstract In May 2017, the relationship between conservation and human Indigenous peoples' rights was considered for first time by African Court of Human Peoples' Rights. a case brought Ogiek Kenya, stated that preservation Mau Forest could not justify lack recognition status Ogiek, nor denial associated with status. It also confirmed be held responsible depletion Forest, ecosystem their eviction from or access to land. Although Kenyan institutions have still failed remedy rights, identified pathway Government follow restitute land, following principles symbolizing central role forest dwellers can should play in management. They sought further ruling clarify steps take. June 2022, issued judgment ordering grant collective title lands through process delimitation demarcation. meantime, established community scouts East replant native trees protect illegal logging. addition, they developed an Bio-Cultural Protocol. Here we examine feasibility restituting land both legally practically. We conclude some general comments related global policy practice on restitution support practices, where protected areas caused displacement abuses peoples.