(b)
implement measures to : (i) delim it , demarcate and title
or otherwise clarify and protect the corresponding lands of
the
Ogieks
without
detriment
to
other
indigenous
communities ; and (ii) until those measures have been carried
out , abstain from any acts that might lead the agents of the
State , or third parties acting with its acqu iescence or its
tolerance , to affect the existence , value , use or enjoyment of
the property located in the geographic area occupied and
used by the Ogieks; and
(c)
the rescission of all such titles and concessions found to have been
illegally granted with respect to Ogiek ancestral land; such land to be
returned to the Ogieks with common title within each location, for them to
use as they deem fit;
(ii)
Compensation of the Ogieks for all the damage suffered as a result of the
violations, including through:
(a)
the appointment of an independent assessor to decide upon the
appropriate level of compensation , and to determine the manner in which
and to whom such compensation should be paid , such appointment to
be mutually agreed upon by the parties;
(b)
l oss
t h e p a y m e n t of p e c u n i a r y d a m a g e s to ref I e c t t h e
of their
p r operty ,
development
and
natural
resources ;
(c)
the payment of non-pecuniary damages, to include the loss of their
freedom to practise their religion and culture, and the threat to their
livelihood;
(d)
the establishment of a community development fund for the benefit
of the Ogieks, directed to health, housing, educational, agricultural and
other relevant purposes;
(e)
the payment of royalties from existing economic activities in the
Mau Forest; and
(f)
ensuring
that
the
Ogieks
benefit
from
any
employment
opportunities within the Mau Forest;
(iii)
Adoption of legislative , administrative and other measures to
recognise and ensu re the ri ght of the Og ieks to be effect iv ely