if the Court finds that there has been a violation of a right or freedom protected by th[e] Convention, the Court shall rule that the injured party be ensured the enjoyment of his right or freedom that was violated. It shall also rule, if appropriate, that the consequences of the measure or situation that constituted the breach of such right or freedom be remedied and that fair compensation be paid to the injured party. 234. The Court said that once it has been proved that land restitution rights are still current, the State must take the necessary actions to return them to the members of the indigenous people claiming them. However, as the Court has pointed out, when a State is unable, on objective and reasonable grounds, to adopt measures aimed at returning traditional lands and communal resources to indigenous populations, it must surrender alternative lands of equal extension and quality, which will be chosen by agreement with the members of the indigenous peoples, according to their own 129 consultation and decision procedures. This was not the case in respect of the Endorois. The land given them is not of equal quality. 235. The reasons of the government in the instant communication are questionable for several reasons including: (a) the contested land is the site of a conservation area, and the Endorois – as the ancestral guardians of that land - are best equipped to maintain its delicate ecosystems; (b) the Endorois are prepared to continue the conservation work begun by the Government; (c) no other community have settled on the land in question, and even if that is the case, the Respondent State is 130 obliged to rectify that situation, (d) the land has not been spoliated and is thus inhabitable; (e) continued dispossession and alienation from their ancestral land continues to threaten the cultural survival of the Endorois’ way of life, a consequence which clearly tips the proportionality argument on the side of indigenous peoples under international law. 236. It seems also to the African Commission that the amount of £30 as compensation for one’s ancestral home land flies in the face of common sense and fairness. 237. The African Commission notes the detailed recommendations regarding compensation payable to displaced or evicted persons developed by the United Nations Sub-Commission on Prevention of 131 Discrimination and Protection of Minorities. These recommendations, which have been considered 132 and applied by the European Court of Human Rights, set out the following principles for compensation on loss of land: Displaced persons should be (i) compensated for their losses at full replacement cost prior to the actual move; (ii) assisted with the move and supported during the transition period in the resettlement site; and (iii) assisted in their efforts to improve upon their former living standards, income earning capacity and production levels, or at least to restore them. These recommendations could be followed if the Respondent State is interested in giving a fair compensation to the Endorois. 238. Taking all the submissions of both parties, the African Commission agrees with the Complainants that the Property of the Endorois people has been severely encroached upon and continues to be so encroached upon. The encroachment is not proportionate to any public need and is not in accordance with national and international law. Accordingly, the African Commission finds for the Complainants that the Endorois as a distinct people have suffered a violation of Article 14 of the Charter. Alleged Violation of Article 17(2) and 17(3) 239. The Complainants allege that the Endorois’ cultural rights have been violated on two counts: first, the community has faced systematic restrictions on access to cultural sites and, second, that the cultural rights of the community have been violated by the serious damage caused by the Kenyan authorities to their pastoralist way of life. 240. The Respondent State denies the allegation claiming that access to the forest areas was always permitted, subject to administrative procedures. The Respondent State also submits that in some instances some communities have allowed political issues to be disguised as cultural practices and in the process they endanger the peaceful coexistence with other communities. The Respondent State does not substantiate who these “communities” or what these “political issues to be disguised as cultural practices” are.