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Human and Peoples' Rights
Human Rights our
Collective Responsibility
109. They allege that since 2010, the human rights situation in the Respondent State
has been reviewed three times by the United Nations (UN) Universal Peer Review
(UPR) mechanism. These revisions were carried out in 2010, 2015 and, more
recently, in 2020. In 2010, the Respondent State agreed to implement the
recommendations and decisions of its own judicial institutions and the African
Commission, in particular those related to the rights of indigenous peoples.
110. In 2015, among others, the Respondent State accepted the main
recommendations on the situation of indigenous peoples and agreed to effectively
strengthen the protection of indigenous peoples' rights, including the land rights of
their ancestors; and continue to implement legislation on the protection of the rights
of indigenous peoples and their lands. In the last review, it accepted a
recommendation to adopt new measures to strengthen the meaningful participation
of indigenous peoples in all issues affecting them.
111 . The Complainants argue that in Rangal Lemeiguran & Others v Attorney General
& Others [2006} Eklr, the High Court confirmed the existence of indigenous peoples
in the Respondent State and ruled that they had the right to influence the formulation
and implementation of public policy and to be represented by persons belonging to
the same social background, cultural and economic than them. The High Court
further noted that representation is a clear constitutional recognition of a positive right
of the minority to participate in the political process of the state and to influence state
policies.
Alleged violation of the right to property
112. The Complainants allege that the Commission has observed that Article 14
includes the right to individual and collective property, thus protecting traditional
communities who hold land communally, in accordance with the "values of African
civilisation". They submit that Article 14 provides general protection for (i) the rights
of the Maasai people over the historical territory, including their collective ownership,
(ii) economic interests over the land, (iii) resources from which they derive their
livelihood, including their livestock, and sand from the earth.
113. They submit that Article 15 of the ILO Convention No. 169 (1989) o
and Tribal Peoples, establishes that the rights of the peoples concern
resources of their lands must be especially safeguarded. These ri
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