able to hold or participate in their most significant annual religious ritual, which occurs when the lake undergoes seasonal changes. 164. The Complainants further argue that the Endorois have neither been able to practice the prayers and ceremonies that are intimately connected to the lake, nor have they been able to freely visit the spiritual home of all Endorois, living and dead. They argue that the Endorois’ spiritual beliefs and ceremonial practices constitute a religion under international law. They point out that the term “religion” in international human rights instruments covers various religious and spiritual beliefs and should be broadly interpreted. They argue that the HRC states that the right to freedom of religion in the International Covenant on Civil and Political Rights (ICCPR): protects theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief. The terms ‘belief’ and ‘religion’ are to be broadly construed. Article 18 is not limited in its application to traditional religions or to religions and beliefs with institutional characteristics or practices 72 analogous to those of traditional religions. To rebut the allegation of a violation of Article 8 of the African Charter, the Respondent State argues that the Complainants have failed to show that the action of the government to gazette the game reserve for purposes of conserving the environment and wildlife and to a great extent the Complainants’ cultural grounds fails the test of the Constitution of reasonableness and justifiability. It argues that through the gazetting of various areas as protected areas, National Parks or Game Reserves or falling under the National Museums, it has been possible to conserve some of the areas which are threatened by encroachment due to modernisation. The Respondent State argues that some of these areas include ‘Kayas’ (forests used as religious ritual grounds by communities from the coast province of Kenya) which has been highly effective while the communities have continued to access these grounds without fear of encroachment. 165. Before deciding whether the Respondent State has indeed violated Article 8 of the Charter, the Commission wishes to establish whether the Endorois’ spiritual beliefs and ceremonial practices constitute a religion under the African Charter and international law. In that regard, the African Commission notes the observation of the HRC in paragraph 164 (above). It is of the view that freedom of conscience and religion should, among other things, mean the right to worship, engage in rituals, 73 observe days of rest, and wear religious garb. The African Commission notes its own observation in Free Legal Assistance Group v. Zaire, that it has held that the right to freedom of conscience allows for individuals or groups to worship or assemble in connection with a religion or belief, and to establish and maintain places for these purposes, as well as to celebrate ceremonies in accordance with the 74 precepts of one’s religion or belief. 166. This Commission is aware that religion is often linked to land, cultural beliefs and practices, and that freedom to worship and engage in such ceremonial acts is at the centre of the freedom of religion. The Endorois’ cultural and religious practices are centred around Lake Bogoria and are of prime significance to all Endorois. During oral testimony, and indeed in the Complainants’ written submission, this Commission’s attention was drawn to the fact that religious sites are situated around Lake Bogoria, where the Endorois pray and where religious ceremonies regularly take place. It takes into cognisance that Endorois’ ancestors are buried near the lake, and has already above, Lake Bogoria is considered the spiritual home of all Endorois, living and dead. 167. It further notes that one of the beliefs of the Endorois is that their Great Ancestor, Dorios, came 75 from the Heavens and settled in the Mochongoi Forest. It notes the Complainants’ arguments, which have not been contested by the Respondent State that the Endorois believe that each season the water of the Lake turns red and the hot springs emit a strong odour, signalling a time that the community performs traditional ceremonies to appease the ancestors who drowned with the formation of the Lake. 168. From the above analysis, the African Commission is of the view that the Endorois spiritual beliefs and ceremonial practices constitute a religion under the African Charter. 169. The African Commission will now determine whether the Respondent State by its actions or inactions have interfered with the Endorois’ right to religious freedom.