{i"h 6~!:LEB ~um • Human and Peoples' Rights Human Rights ouc Collective Responsibility (c) an indigenous community that has maintained and maintained a traditional lifestyle and livelihoods based on a hunter-gatherer economy; or pastoral people and communities, whether nomadic; or an established community which, due to its relative geographical isolation, has had only marginal participation in the integrated social and economic life of Kenya as a whole. 162. In the present case, the Commission observes that, in the absence of any contrary information provided by the Respondent State, it has no grounds to contest the facts used by the complainants to justify their request to recognise the Maasai community of Kedong as an indigenous people. 163. The Commission recalls that the Maasai of Kedong, like other indigenous peoples, exhibit a cultural identity, which includes their own language, social organisation, religious, cultural and spiritual values, ways of life that differentiate them from dominant groups and other indigenous populations, and are recognised as such by other groups and by the authorities of the Respondent State42. 164. The Commission here does not refer to the number of people in the Maasai community, but rather in terms of ways of life, since most of the population of the Respondent State has converted to the way of life inherited from the colonial period. Therefore, the Maasai who still live according to their ancestors, present themselves as a group that resists the dominant way of life in the country. 165. The Commission notes that the Complainants' observations indicate that the Maasai of Kedong maintain a special attachment to the land they claim, which are of fundamental importance for the physical and cultural survival of the community. According to the same observations, the lands in question serve "the economic interests and resources derived from them, such as grass, salt pans, watercourses and sand, from which they derive their livelihood, including the propagation and sustenance of their vast herds of livestock." 166. The Commission recalls that for the indigenous populations, the lands also serve as a burial ground for their dead, a place of various rituals, worship,43 and connection with the ancestry of which the community is hereditary and protecti guarantee the perpetuation of the tradition in time and space, that is lands they inhabit. ~ 42 Case No. 006/20'12. Judgment of 26 May 2017, African Commission on Human and Peoples' Righls v. Republic of Kenya), para. 43 CommunicaLion No 276/03 : Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of End J ACt-lPR (2009), para. 156; See also Case No. 006/2012. Judgment o/26 May 2017, African Commission on Human and Peoples' Rig . c,," / 182-186. ICAINE. ' "'-if~ ',. ~ ,._'<; E'1 OES pE\l~ I ~

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