Protection of Development-induced Internally Displaced Persons under the African Charter: the Case of the Endorois Community of Northern Kenya

Abstract

The discourse on development-induced displacement has highlighted the enormity of problems faced by communities who are forcefully removed to create room for development projects, while at the same time, exposed the insularity of national and international legal frameworks for their protection. Using the case of Centre for Minority Rights Development (CEMIRIDE) on behalf of the Endorois Community v Kenya (No 276/200), decided by the African Commission on Human and People’s Rights in November 2009, this article analyses the support that regional and continental rights enforcement mechanisms could provide to the protection of IDPs, particularly those displaced by development projects. The article concludes that whereas there may be a need for expanding the reach of law in providing protection to development-induced IDPs, it may still be worthwhile to explore the possibility of reverting to the regional human rights protection mechanism to meet the shortfall in protection and assistance provided by the existing IDP laws.