Legal Empowerment Training for Kenyan Indigenous Communities on Carbon Markets and JREDD+

By Maeve E. McDermott, Legal Manager, Environment and Sustainable Development Programme

Representatives of the Mau and Elgon Ogiek, Sengwer, Endorois, El Molo and Yaaku

communities with international and local trainers

“There’s no place like our home,” sang members of the Mau and Elgon Ogiek, Sengwer, Endorois, El Molo and Yaaku communities, who had gathered for a legal empowerment training at a time when Indigenous communities across East Africa are increasingly being approached by carbon developers seeking to develop offset projects on their ancestral lands. Despite international excitement about carbon markets as an emerging tool for climate action, many such projects have already led to violations of Indigenous Peoples’ rights, restrictions on land use, and evictions.

In late May, International Lawyers Project convened this two-day workshop in Naivasha, Kenya, in partnership with the Ogiek Peoples’ Development Programme, focused on Jurisdictional REDD+ (forest-related carbon projects at the national or subnational level), carbon market regulations and the rights of Indigenous communities to meaningful participation and consent in decisions affecting their lands. Nearly 30 participants from six different Indigenous communities across Kenya attended.

Strengthening Understanding of Carbon Markets and Indigenous Rights

The first day opened with an international framing. Natasha Jackson and I covered the fundamentals of carbon finance and JREDD+ from a global perspective. Mark Odhiambo Odaga then rooted the discussion in the Kenyan context, detailing the country’s evolving climate change and carbon-related legislation and the corresponding implications for Indigenous communities.

Lucy Claridge, ILP’s Executive Director, led a participatory session on the Ogiek merits and reparations judgments, highlighting key findings of the African Court on Human and Peoples’ Rights in both rulings. She emphasised that conservation cannot be used as a pretext for evicting Indigenous Peoples and that free prior and informed consent (FPIC) must always be sought for development projects on Indigenous Peoples’ territories. Participants explored how the Ogiek judgments can serve as active tools for community advocacy, not just historic milestones.

The first day closed with a panel of representatives from across the different communities who shared their perspectives on carbon projects and situations that they had encountered within their communities or were anticipating. One representative shared that her community’s homes had been burned down repeatedly to drive them off their ancestral land and that they now face five emerging carbon projects.

The second day focused on FPIC principles from an international perspective, including under the United Nations Declaration on the Rights of Indigenous Peoples. This was followed by an overview of FPIC under Kenyan law, led by Odhiambo. Later in the day, John Samorai Lengiosa brought the principles to life by presenting the Ogiek Community FPIC Protocol and leading a role-playing exercise on community participation.

The training closed with action planning. Participants from the six communities shared their key takeaways from the training as well as steps they would take to protect their communities’ rights in relation to carbon market projects, including submitting public comments for proposed projects under validation, and monitoring Kenya’s recently launched National Carbon Registry.

Across both days, participants engaged actively in case studies, small group exercises and interactive discussions, creating a practical and participatory learning environment.

Mobilising Community Knowledge for Informed Rights Protection

The training equipped participants from the Mau and Elgon Ogiek, Sengwer, Endorois, El Molo and Yaaku communities in understanding the legal aspects relating to JREDD+ and carbon markets at both the national and international levels. Many learners shared that they had arrived with no previous knowledge of carbon markets and found the training to be beneficial.

By combining legal education with practical tools, the training supported participants' abilities to protect their communities' rights. Albina Cheboi, a participant from the Sengwer community, appreciated that the workshop "highlighted key issues that community need to reflect amongst themselves in relation to their territories” when negotiating with project developers.

Community members especially appreciated gaining a better understanding of FPIC and their rights under both Kenyan laws and as laid out by the African Court on Human and Peoples’ Rights in the Ogiek judgments. Many participants committed to sharing the information further within their communities, including Albina, who plans to use the materials for grassroot sensitisation and to encourage Indigenous participation in climate change forums.

As Indigenous communities continue to face pressure from carbon developers, the knowledge and skills built during this training will serve as useful tools for protecting their rights and holding both governments and project developers accountable.

International Lawyers Project provides pro bono legal support to more than 100 civil society organisations, communities and individuals each year. Through our Environment and Sustainable Development programme, ILP works with our partners to protect community land rights and biodiversity, combat environmental crime and corruption, provide guidance on the implementation of fiscal tools for sustainable development, and ensure a just transition.

If you need assistance or advice in this area, please contact us at contact@internationallawyersproject.org to discuss how we can help.