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Human and Peoples' Rights
Human Rights ou,
Collective Responsibility
he referred to the Maasai as the lsmailis of East Africa who "will be satisfied ... until
they met with a crushing defeat."
124. They claim that the expulsion of the Maasai from Kedong violates international
law, which recognises that forced displacement will inevitably tear families apart,
undermine social and cultural ties, disrupt educational opportunities, deprive
displaced populations of access to vital necessities such as food, shelter and
medicine, and expose innocent people, especially children, to acts of violence such
as attacks on camps, disappearances and rapes.
125. They argue that the purpose of international law governing displacement is to
prevent and avoid "situations that may lead to the displacement of persons".
International law extends to everyone the right to be "protected against arbitrary
displacement from their home or habitual place of residence" and after exploring the
lack of "viable alternatives" and still proceeding with displacement in a way that
minimizes its adverse effects. They aver that the Kampala Convention for the
Protection and Assistance of Internally Displaced Persons requires States to avoid
"as far as possible" displacement caused by development projects.
126. For the Complainants, these rules prohibit forced displacement as a fundamental
principle, but in circumstances where it may be permitted, the displacement must
take place following a fair process, including the consent of the victims, and after
sufficient safeguards have been put in place to prevent serious violations of rights
and to prevent the most vulnerable among internally displaced persons, including
ch ildren. They allege that the Respondent State has not taken any steps consistent
with its obligations under international law in the way it is dealing with the issue of the
Kedong Maasai.
127.
They state that there are a number of international legal regimes that have been
created to guarantee the rights of these groups of people, including the 1948 UN
Declaration on Human Rights (UDHR) and the 1966 International Covenant on Civil
and Political Rights (ICCPR); International Labour Organization (ILO) Conventions
107 and 169 of 1957 and 1989, respectively, and the United Nations Declaration on
the Rights of Indigenous Peoples (UNDRIP) of 2007. Other international legal
documents include the African Charter; and the African CharterfTreaty of the East
African Community.