On the ACHPR’s Decision In 2009, the ACHPR issued a groundbreaking decision finding the government of Kenya guilty of violating the rights of the Endorois community by evicting them from their lands in 1970 to make way for a wildlife reserve. Specifically, the ACHPR found that the: • • Endorois were an indigenous people, and eviction violated their rights to property, natural resources, development, culture, health, and religion. The Commission then ordered Kenya to restore the Endorois to their historic land and compensate them for damages caused by the wrongful eviction. In the ruling on this case, the Commissioners relied on video evidence to find that: • • • the Endorois are a distinct indigenous people which entitles them to rights as a community in addition to individual rights; access to clean drinking water was severely undermined as a result of the eviction from their ancestral land; and their traditional means of subsistence — grazing animals — was limited due to lack of access to the green pastures of their traditional land. ACHPR decisions do not become law until the African Union (AU) adopts the decision. They did so on February 2, 2010, resulting in a landmark victory for indigenous peoples throughout Africa and a high point in the forty years of struggle led by the Endorois community. Advocacy Impact To reach the target audiences, Rightful Place was screened at international events such as the UN Forum on Indigenous Peoples and at locations in Kenya’s capitol city of Nairobi, as well as in locations near the Endorois’ ancestral lands in the Rift Valley Province. The full campaign, supported by the films, generated significant debate about indigenous rights and land rights during the drafting stage of Kenya’s most recent constitution. As a result of these debates, Kenya’s 2010 constitution better protects indigenous peoples and their land rights. Regionally, indigenous groups in Tanzania, such as the Maasai, successfully leveraged the Commission’s decision to secure further protections. Additionally, the Endorois community felt empowered by the creation of the videos. The filming helped motivate the community to stay united and continue the decades-long fight, because they felt that finally someone from outside of was listening and willing to help. Also, the many hours of recorded interviews now serve as a valuable oral history for the Endorois people and will be shared for generations to come. 12 VIDEO AS EVIDENCE: VIDEO BEYOND THE COURTROOM V 1.0 LAW IMPACT OF THE VIDEOS