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16 Buff. Hum. Rts. L. Rev. 57 (2010)
In Land We Trust: The Endorois' Communication and the Quest for Indigenous Peoples' Rights in Africa

handle is hein.journals/bufhr16 and id is 69 raw text is: 'IN LAND WE TRUST': THE ENDOROIS' COMMUNICATION AND THE QUEST FOR INDIGENOUS PEOPLES' RIGHTS IN AFRICA Korir Sing' Oei A.* & Jared Shepherd** This article examines Communication 276/2003, Center for Minority Rights Development (Kenya) and Mi- nority Rights Group International on behalf of the Endorois Welfare Council v. Kenya, argued before the African Com- mission on Human and Peoples' Rights. The Endorois Communication is one of the first indigenous rights claims to be examined by an international body after the adoption of the United Nations Declaration on the Rights of Indige- nous Peoples. This article begins by placing the Communication within the context of the international indigenous rights movement. The authors then explore the Commission's his- torical use of Articles 60 and 61 of the African Charter on Human and Peoples' Rights. The authors contend that the Commission, while liberally deploying comparative juris- prudence from the European and Inter-American Human Rights systems, failed to articulate the bounds and import of Articles 60 and 61 of the African Charter. Finally, the authors propose that the Commission should have grafted the United Nations Declaration on the Rights of Indigenous Peoples into its understanding of long-standing African Charter rights through Articles 60 and 61. Despite the * Abraham Korir Sing'Oei (LL.M, University of Minnesota Law School & LL.B University of Nairobi Law School) works on conflict, rule of law and minority rights issues in Africa. He is the co-founder of the Centre for Minority Rights Development in Nairobi, Kenya. ** Jared Shepherd (J.D., University of Minnesota Law School; B.S., Missouri State University) is currently a Law Fellow at the American Civil Liberties Union of Alabama in Montgomery, Alabama. He is a former intern at Zimbabwe Lawyers for Human Rights in Harare, Zimbabwe and The Advocates for Human Rights in Minneapolis, Minnesota. Special thanks to his family and friends for their support, especially Jon Shepherd, Karen Shepherd, Justin Shepherd, and Jaclyn Collins. Additionally, the authors would like to thank David Weissbrodt and Fion- nuala Nf Aoblin of the University of Minnesota Law School and Laura Young of The Advocates for Human Rights for their guidance and support.

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