Sep 21, 2021

Mawazo Writing Africa

Writing about the main

United Nations orders UK to pay Kenyan colonial victims

In a letter to Prime Minister Boris Johnson, the UN Human Rights Council expressed serious concern about the lack of accountability and remedy for the inhumane acts, the failure of the British government to provide facts about the victims and the nature of the damage and the lack of redress in accordance with international law.

“Furthermore, we are concerned that we do not publicly apologize for the human rights violations committed against the Kipsigis and Talai people. Official recognition of the light of the victims and the shared responsibility of the British Government aiming to restore the dignity of the victims, “reads the statement signed by six Council rapporteurs.

The letter follows a petition that Kericho Governor Paul Chepkwony, through appointed his senior attorney Kimutai Bosek and Queens Counsel Rodney Dickson at the UN in Geneva, Switzerland The Human Rights Council members who examined the case are Fabian Salvioli, Special Rapporteur on Advancing Truth, Justice, Redress and Non-Occurrence Guarantees, Balakrishnan Rajagopal (Adequate Housing), Jose Francisco Cali Tzay (rights of indigenous people), Cecilia Jimenez-Damary (internally displaced persons), Tendayi Achiume (racial discrimination and xenophobia) and Nils Melzer (torture and degrading treatment).

Gross violations

Der The Council found that the Kipsigis and Tailai, as well as other indigenous peoples, have faced serious violations of human rights such as unlawful homicide, sexual violence, torture, inhuman and degrading treatment, arbitrary detention, arbitrary displacement and violation of the right to privacy, family life and property.

An estimated 500,000 Kipsigis and Talai suffered the injuries.

The greatest testimony de Injuries are not just the doctor-documented scars and mental agony of existing survivors and their children, but also the extensive 2,000 acres of fertile agricultural land that has been expropriated and is still owned by multinational tea companies.

” In connection with the above alleged facts and concerns, we would like to remind the Government of Your Excellency of the obligation of States to take action to ensure justice, truth, reparation and guarantees for the non-recurrence of past human rights abuses as committed by various international ones Human rights instruments guaranteed, ”the document reads.

As an example of the many serious injuries suffered by the members of these communities, a Kipsigis victim reported that the soldiers raped them and while their family was being evicted her house with a hers he burned children in it

Killings and torture

Many victims, including the children at the time, also reported being raped, and others witnessed killings and torture. They all reported having been evicted from their land.

The UN was particularly concerned about the treatment of the powerful Talai clan exiled to Gwasi by the Laibon Removal Ordinance in 1934 for being Threat. Hundreds of them have been wiped out by disease, wildlife, harsh climates, food shortages, and other challenges.

But the global agency now says, “Redress should be proportional to the severity of the violations and the damage suffered. Victims should be given full and effective redress, including redress, compensation, rehabilitation and guarantees of non-recurrence. ”According to the detailed statement, the UK, like Pontius Pilate, has the hands of what they caused Chaos cleared and liability transferred to independent Kenya.

Also, they have created immunity by setting a schedule for initiating land and bodily harm cases, which made the case “practically impossible” .

“The Kipsigis and Talai have tried to bring their claims before the Kenyan courts, but the limited scope for due process on this matter makes them difficult, particularly due to the existence of statute-of-limitations Immunity and the UK’s immunity to the new independent Kenyan court availability; and the transfer of liability from the UK to the newly independent Kenya under Section 26 of the Constitutional Law of Kenya (Amendment) 1964, ”the statement reads.

Sorry

The victims instead submitted their claims to the National Land Commission, which can only issue investigations and recommendations.

In 2019, NCL ruled in their favor, calling on the UK government to admit their wrongdoing and apologize to the Talai and Kipsigis and to make direct reparation, the government must recognize, among other recommendations, that the corn land was illegally stripped from them and should have been returned upon independence. initiated Chepkwony on behalf of the victims. With the help of Attorney Bosek and Queens Council Karim Khan, the current Prosecutor at the International Criminal Court, an intensive gathering of evidence was carried out of the United Kingdom from 1980 and the successor ruling of the British courts were imposed. Section 11 of the 1980 Acts sets the statute of limitations for personal injury claims at three years and for land claims at twelve years (section 15).

Section 33 of the Act, however, allows the court a discretion to set the statute of limitations only set aside on personal injury (and not land) claims if the lawsuit took place after June 1954.

As in previous Kenyan cases where the court refused to use its discretion to lift the statute of limitations for victims , who had alleged ill-treatment in the 1950s, it is the undoing of the Talai and Kipsigis to initiate proceedings in the UK.

In November 2018, the UK government was asked to settle the dispute with the Kipsigis agree and talai people and meet with their representative. However, on February 27, 2019, the government replied that it “has no intention of initiating any proceeding” to resolve the claims, according to the documents.

Crown Land Ordinance

The Difficulties began in 1895 when the United Kingdom proclaimed a protectorate in East Africa administered by the Colonial Office in London, where the Governor General sat with an Executive Council in Kenya until the British Parliament passed the 1963 Independence Act that brought freedom / p>

In 1902, 90,000 acres of land in Londiani, Kericho County, were confiscated by the Crown Lands Ordinance and then given to foreign settlers. The Kipsigis living in the area were forcibly evicted and resettled without compensation to create “reservations” in Belgut, Bureti and Sotik where families were kept as slaves with restricted mobility by the Crown Land Ordinance in 1902, 1907, 1915 and 1919, who took away the land title.

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