Significant Victory for Lamu

Kenyan national newspaper, The Daily Nation, reported on a recent legal victory for the community of Lamu, as a result of application by Lamu Resident and the Vice Chairman of Save Lamu, Mr Mohamed Mbwana.  Mr Mbwana sought judicial review to quash directions of the Lamu County Commissioner who, in August 2012, directed that community land in Mvundeni be subdivided and given to private individuals, effectively depriving communities in Mvundeni rights over their traditionally held, occupied and utilised lands.

In his judgement, Justice Angote of the High Court of Kenya, sitting in Malindi, noted that such unalienated government land could only be dealt with as provided for by the Constitution of Kenya – by the National Lands Commission.

This is a significant judgement in favour of the community of Lamu.  You can read the article here.

Land allocation and large-scale population migrations are just some of the flow-on effects of the impending LAPSSET (Lamu Port, South Sudan, Ethiopia Transport corridor) project.  Other consequences of the planned multi-billion dollar port, transport hub, pipeline, oil-refinery, industrial complex and resort city were set out to selected members of the Lamu community in a recent workshop by the Kenyan Physical Planning Office in July.  Member of Save Lamu, Hadija Bwanaadi, set out some of the concerns arising from the “Envisioning Lamu Metropolis” workshop in her article in the East African on 27 July 2013, located here.

In it, Hadija describes the new information the Lamu community received about the sheer size and scale of the LAPSSET project – not previously set out to the community and not even envisaged in the Environment and Social Impact Assessment.  Given revised upward estimates of the project, it is likely to have an even greater impact on the Lamu community – including its environment (relied upon for livelihoods), society and culture.

To learn more of the work of Save Lamu, visit their website or follow them on facebook.

 

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Save Lamu Calls Upon NEMA to Refuse Issuance of ESIA License for Lamu Port

Save Lamu has called upon the National Management Environmental Authority (NEMA) to refuse the issuance of an Environmental and Social Impact Assessment (ESIA) License for a proposed Lamu Port, which environmentalists say will destroy delicate marine life and choke coral reefs and mangroves. A report by Reuters states that the Kenyan government is spear heading a $25.5 billion project to link landlocked South Sudan and Ethiopia to the Indian Ocean port of Lamu by constructing a major highway, a railway and an oil pipeline, which would take many years. The Kenyan government recently awarded a Chinese firm the first tender for the Lamu Port Project. Save Lamu has criticized the report published by the ESIA, citing lack of proper methodology, poor consultation, and inadequate mitigation plans. Researches acknowledged that the study was carried out in haste, overlooking numerous steps. Among many other concerns, marine surveys were not undertaken due the Ministry of Transport’s financial constraints.

Lamu Island falls within a UNESCO World Heritage Site. Its ecosystem has worldwide recognition as one of the richest along the coastline of East Africa. Its preservation and protection is a point of national significance, as well as an international concern. Other concerns, besides inadequate research, listed in Save Lamu’s petition to NEMA include inadequate assessment of project alternatives and a lack of comprehensive public consultation which is required under the Kenyan Constitution. Save Lamu’s petition to NEMA is available here.

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Call for Comments on Lamu Port EIA by 16 April

The Business and Human Rights Resource Centre produces "On the Horizon", a practical bulletin on what is ahead in the field of business and human rights, five times a year. In the April 2013 issue, Save Lamu and Natural Justice made a contribution on the port element of the Lamu Port-South Sudan-Ethiopia Transport and Economic Development Corridor.

It reads: "Save Lamu would like to announce that on 19 March, the National Environmental Management Authority (NEMA) of Kenya called on members of the public to comment on the "Environmental and social impact assessment study report for construction of the first three berths of the proposed Lamu port and associated infrastructure" (EIA). Save Lamu urges human rights and environmental law practitioners and EIA experts around the world to read and comment on the EIA with respect to the proposed construction of the first three berths of the Lamu Port and transport corridor in Lamu District. Deleterious impacts on water quality, fisheries, mangroves, coral reefs, archaeological, historical and cultural sites, land ownership, induced risks (such as health and safety, influx of disease) are set out in the EIA. Construction has already commenced.

The environmental and social impact assessment is located here and comments can be directed to NEMA until 16 April. They should be sent to the Director General of NEMA at dgnema (at) nema.go.ke, and copied to Edward Menza, NEMA-Lamu at menzae (at) yahoo.com, and the Chair of the Public Complaints Committee at pcc.environment (at) gmail.com."

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Submission to UN Working Group on Human Rights and Transnational Corporations and Other Business Enterprises

On 1 March 2013, Natural Justice with the Centre for Indigenous Knowledge and Organisational Development (CIKOD) made a further submission to the United Nations Working Group on Human Rights and Transnational Corporations and Other Business Enterprises regarding indigenous peoples, business and human rights.

The submission was in response to a concept and discussion note prepared by the Working Group, given its decision to submit a thematic report to the 68th session of the General Assembly that will focus on the situation of indigenous peoples with regard to the prevention of negative impacts of business activities on the rights of indigenous peoples.

Public consultations were held on 14 February 2013 in Geneva and these, and other, submissions addressed the following focus questions:

1. Focus: What specific issues and challenges should the Working Group take into account in drafting this report? 
2. Existing guidance and standards: What existing standards and documents should the Working Group take into account in drafting this report? 
3. Existing practices and initiatives: What existing practices and initiatives should the Working Group take into account in drafting this report?
4. What focused insight can the Working Group bring to the issue of business impacts on indigenous peoples, given the role and thematic scope of other UN bodies on the rights of indigenous peoples? 
5. The submissions included case studies on gold mining in Tanchara, Ghana and Lamu, Kenya. 

This, and other submissions, are available here.

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LAPSSET Dialogue Meeting in Nairobi

On 15 February 2013, Gino Cocchiaro (Natural Justice) attended a stakeholder dialogue meeting on the on-going plans and sharing of updates on the implementation of the Lamu Port and Lamu Southern Sudan-Ethiopia Transport Corridor (LAPSSET) in Nairobi, Kenya. The meeting was facilitated by Save Lamu and included over 50 participants from communities affected by LAPSSET, national civil society organisations, multinational organisations and Kenyan government agencies. The meeting resulted in the drafting and adoption of a statement on the aspirations and concerns of communities affected by LAPSSET projects. 

From the statement, “As communities that have long been disenfranchised, and that are in dire need of development, we commend the Kenyan government for its commitment to upgrading and modernising the country’s infrastructure as per the proposed Lamu Port, South-Sudan, Ethiopia Transport (LAPSSET) Corridor outlined in the Government of Kenya’s 'Vision 2030'. We appreciate the need for connecting communities along the northern corridor to facilitate national and international trade. However, we are deeply concerned by the lack of community consultation and transparency in the implementation of the project and hereby wish to express our concerns.” 

Read more about the meeting here. Download the community statement here.

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Major Conference on Land Grabbing

Via www.cornell-landproject.org/

As international investors continue to buy large swathes of land in 'developing' nations, the Cornell University Department of Sociology and the Land Deal Politics Initiative hosted "Global Land Grabbing II: An International Conference on Large-Scale Land Deals" from 17-19 October, 2012. The conference built on the Global Land Grabbing conference held at the University of Sussex in 2011 and included papers and presentations on land grabbing from across the 'developing world.'

One paper considered land tenure security amongst the Boni community of Lamu County, Kenya, a community participating the Lamu biocultural community protocol process that Natural Justice is supporting. The paper was presented by Abdirizak Arale Nunow and is entitled "The Displacement and Dispossession of the Aweer (Boni) Community: The Kenya Government dilemma on the new Port of Lamu." The paper is based on "on-going research that is aimed at establishing and documenting the extent of displacement of Lamu communities, particularly the minority Boni, by the development of the new Port of Lamu with a view to recommending policy measures that may contribute towards the amelioration of the problem."

Download the paper on the displacement of the Boni here. Find all of the papers from the Global Land Grabbing conference here. Learn more about the conference here. 

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