- From: Maasai Friends <maasaifriends@yahoo.com>
- Date: Sun, 22 Jul 2001 23:37:18 -0700 (PDT)
- To: www4mail-comments@w3.org
THE BODY OF YOUR MAIL WAS:
Greetings from FOMAT.
Please find attached herewith the Memorandum to
LONRHO
by ourselves concerning the growing landlessness
among
the UASIN GISHU MAASAI which came as a result of a
"racial cleansing" by the former colony.
We would be very much happy if you could assist us
in
advises and financial assistance, if the matter
cannot
be solved amicably.
Hoping to hear from you soon.
Fine regards.
Hassan Ole Naado
EXECUTIVE DIRECTOR
03/06/2001
THE EXECUTIVE CHAIRMAN.
LONRHO AFRICA LTD
P.O.BOX 14027
NAIROBI.
Dear Sir, RE: ILLEGAL LAND SALE BY LONRHO (EATEC)
IN UASIN
GISHU DISTRICTS.
In regard to our petition concerning the above
case, I
wish to ventilate our grievances to your goodself
with
the view to seeking redress.
The continued growing Landless among the UASIN GISHU
MAASAI is a matter of grave concern to the FOMAT. We
find it intolerable to see over three thousands
families (3000) living in miserable lives while their
land is being sold indiscriminately without concern
of
the former.
We feel that your company holds ownership of this
land
illegally as the agreements which gave you a right to
be there ceased after independence as the agreements
were not binding to the successive governments.
It is by this regard that we pray you stop the sales
and give back what belongs to others.
Our humble prayer to you is that you will honour the
history and immediately enter dialogue with the
Maasai
in view of handing over what belongs to them.
Find attached herewith memorandum and petition.
Thanks, HASSAN OLE NAADO
EXECUTIVE DIRECTOR
C.C
1. H.E THE PRESIDENT OF THE REPUBLIC OF KENYA
HARAMBEE HOUSE
P.O .BOX 30510
NAIROBI
2. BRITISH HIGH COMMISSIONER
P.O. BOX 30465
NAIROBI.
3. HEAD OF COMMONWEALTH MISSION TO KENYA
COMMON WEALTH OFFICE
P.O.BOX 30465
NAIROBI
4. HEAD OF THE MISSION
UNITED NATIONS COUNTRY OFFICE
UNITED NATIONS COMPLEX
GIGIRI – NAIROBI
5. H.E THE AMBASSADOR,%0D%0AUNITED STATES OF AMERICA
EMBASSY
P.O.BOX 30137
NAIROBI – KENYA
6. H.E THE AMBASSADOR
ROYAL NORWEGIAN EMBASSY
P.O.BOX 42343
NAIROBI.
7. KENYA HUMAN RIGHTS COMMISSION
P.O.BOX 41079
NAIROBI
MEMORANDUM ON THE ON GOING ILLEGAL LANDSALES
BY LONRHO (EATEC) IN UASIN GISGU DISTRICT
HISTORICAL BACKGROUND
UASIN GISHU MAASAI inhabited the plateau named after
them before the coming of Europeans. It is in
records
that they have been living there in 1860 and beyond.
During 1903, applications were first received from
Europeans for land in the Rift Valley and elsewhere
in
places where the Maasai grazed their flocks and
herds,%0D%0Aand the
question arose as to how far such applications
could be granted without encroaching on the Maasai
rights.
The first “racial” statement by the then Governor
Sir
Charles Eliot, says in part, “I cannot admit that
“wondering tribes” have a right to keep other and
“Superior races” out of large tracts merely because
they have acquired the habit of struggling over far
more than they can utilize.
The genesis of Maasai land problems started after
large tracts of land in Nandi, Uasin and Eldama Ravin
Districts were alienated to European settlers in
1904.
The then District Commissioner advised the colonial
Government that “great injustice” is being done to
the
Uasin Gishu Maasai. The land officer thereupon
reserved the only left land available around 9000
acres.
After the Nandi expedition of 1906, it was decided
by
the colony to move Uasin Gishu Maasai to Eldama
Ravine
(OLDAMA OROPIL) some of those who had gone to live
with the Nandis in their reserve as a result of
European settlers removing them from their land.
Back in June 1901, Sir Charles Eliot wrote in his
report that, “I regard the Maasai the most important
and dangerous of the tribes with whom we have to deal
with in East Africa”. Immediately Sir Donald Stewart
succeeded Sir Charles Eliot as Governor n 1904, he
discussed the Maasai issue in the most “criminal” and
“crooked” way by concluding that the removal of the
Maasai from Rift Valley into two reserves would be
the
best solution; the one in the North – (Laikipia)
and
the other South of the Railway centering generally
Narok.
The Carter Land Commission Report paragraph 690 of
1934 states: It may perhapes be arguable that the
Kenya Annexation order-in – council dated 11th June
,%0D%0A1920, had
the effect of rendering the Maasai
Agreements null and void. But we are not with the
position Law as with position in equity, and we are
fully persuaded that the Maasai are equity entitled
to
all the benefits of the agreements just ass if it
were
still force. But does not mean that the agreements
cannot be amended by elimination of causes which are
not in reality beneficial to the Maasai.”
In the context of the following statement, we are in
view that the successive Kenya Government and that of
Her Majesty’s Government agreed that all agreements
became or will become null and void after
independence. In July 1960, at Public Baraza
(meeting) in Kajiado and Narok, His Excellency the
Governor stated to the Maasai. “The protection of
your friends, the “British” people, who made a
treaty
(Agreement) in the year I was born, and have honoured
that treaty, and will honour it while we hold power
in
Kenya, their protection will not remain for ever
………….. with our help, when the time comes for us to
hand over power, you will need new “treaties”
(Agreements) and understanding with the Kenya
Government of the future, in which you will play your
part.”
In a joint memorandum by two African political
parties
in 1960, they expressed their fear for the future of
the Maasai tribe and requested that the Maasai
treaties (Agreements) should be considered and
decided
upon at the constitutional talks that were being held
by H.E. the Governor and that any review should take
place with the consent of the tribes representatives
and that a review should not be postponed until after
independence.
It shows that there were more worries of the future
of
the Maasai concerning their land rights with the
Government to come.
STATEMENT
In context of Maasai History from the time when the
Europeans arrived in East Africa, the community has
lived in persecution, isolation, neglect and
marginalization to the detriment of their collective
welfare.
As a result the community suffers from neglect of
their basic humanitarian needs like basic
education,%0D%0Aprimary
health care, civic awareness and individual
land ownership.
Friends of the Maasai (FOMAT) is in view of
addressing
the gaps occasioned by omission by the existing Human
Rights Organizations to pursue and safeguard to
collective interest of the Maasai community.
PETITION
International Human rights Law is designed to ensure
that all humanity enjoys a full, safe secure and
healthy life, The rights to live in dignity can only
be attained when basic necessities of life work
food,%0D%0Ahousing,
health care, education and culture are
adequately and equitably available to every one. The
Uasin Gishu Maasai has been denied discriminatory and
cruelly this fundamental rights which will never be
achieved by any landless human being on earth.
In this and Historical facts, Friends of the Maasai
(FOMAT) is addressing the Uasin Gishu Maasai
landlessness and illegal land sales by LONRHO (EATEC)
as follows:
1. That in the context of History, the removal of
the
Uasin Gishu Maasai from Uasin Gishu District was
illegal and unjust as it was “racial” of the highest
order.
2. That LONRHO have illegally held the land all this
years against the wishes of the Maasai.
3. That there are over 3000 landless families some
of
them squaters in far places as Lugari, Nandi Uasin
Gishu and Transmara Districts subjects to poverty of
the highest magnitude while you occupy their land
illegally.
4. That the continued landlessness has turned the
Maasai poorer and aliens in their own land.
5. That you stop with immediate effect the land
sales
and surrender the same to the owners.
6. That the Maasai are entitled to compensation to
uplift their living condition which seriously
deteriorated as you made them landless.
NOTE:
In failure to honour our request Friends of the
Maasai
(FOMAT) finds it imperative to further this case
further as we cannot shut our eyes as you continue
alienating the said land without total respect of the
owners. The Maasai have suffered great injustice for
the last 100 years without humanitarian
consideration.
FOMAT will defiantly mobilize its potential and seek
redress in Local and International Courts of Justice
in which you will be sued together with the former
colony (British) and the successive Kenyan Government
on behalf of the Maasai as “endangered” people.
Thank you.
Hassan Ole Naado
EXECITIVE DIRECTOR
__________________________________________________
Do You Yahoo!?
Make international calls for as low as $.04/minute with Yahoo! Messenger
http://phonecard.yahoo.com/
Received on Monday, 23 July 2001 02:37:19 UTC