territory will necessarily affect other natural resources necessary for the survival of the Saramakas, such as waterways, the State has a duty to consult with them, in conformity with their traditions and customs, regarding any proposed mining concession within Saramaka territory, as well as allow the members of the community to reasonably participate in the benefits derived from any such possible concession, and perform or supervise an assessment on the environmental and social impact prior to the commencement of the project. The same analysis would apply regarding concessions in the instant case of the Endorois. 267. In the instant case of the Endorois, the Respondent State has a duty to evaluate whether a restriction of these private property rights is necessary to preserve the survival of the Endorois community. The African Commission is aware that the Endorois do not have an attachment to ruby. Nevertheless, it is instructive to note that the African Commission decided in The Ogoni case that the right to natural resources contained within their traditional lands vested in the indigenous people. This decision made clear that a people inhabiting a specific region within a state can claim the protection 149 of Article 21. Article 14 of the African Charter indicates that the two-pronged test of ‘in the interest of public need or in the general interest of the community’ and ‘in accordance with appropriate laws’ should be satisfied. 268. As far as the African Commission is aware, that has not been done by the Respondent State. The African Commission is of the view the Endorois have the right to freely dispose of their wealth and natural resources in consultation with the Respondent State. 21(2) also concerns the obligations of a State Party to the African Charter in cases of a violation by spoliation, through provision for restitution and compensation. The Endorois have never received adequate compensation or restitution of their land. Accordingly, the Respondent State is found to have violated Article 21 of the Charter. Alleged Violation of Article 22 269. The Complainants allege that the Endorois’ right to development have been violated as a result of the Respondent State’s creation of a game reserve and the Respondent State’s failure to adequately involve the Endorois in the development process. 270. In rebutting the Complainants’ allegations, the Respondent State argues that the task of communities within a participatory democracy is to contribute to the well-being of society at large and not only to care selfishly for one’s own community at the risk of others. It argues that the Baringo and Koibatek Country Councils are not only representing the Endorois, but other clans of the Tugen tribe, of which the Endorois are only a clan. However, to avoid the temptation of one community domineering the other, the Kenyan political system embraces the principle of a participatory model of community through regular competitive election for representatives in those councils. It states that elections are by adult suffrage and are free and fair. 271. The Respondent State also submits it has instituted an ambitious programme for universal free primary education and an agricultural recovery programme which is aimed at increasing the household incomes of the rural poor, including the Endorois; and initiated programmes for the equitable distribution of budgetary resources through the Constituency Development Fund, Constituency Bursary Funds, Constituency Aids Committees and District Roads Board. 272. It adds that for a long time, tourism in Kenya has been on the decline. This, it argues, has been occasioned primarily by the ethnic disturbance in the Coast and the Rift Valley provinces which are the major tourist circuits in Kenya, of which the Complainants land falls and therefore it is expected that the Country Councils of Baringo and Koibatek were affected by the economic down turn. 273. Further rebutting the allegations of the Complainants, the Respondent State argues that the Complainants state in paragraph 239 of their merits brief that due to lack of access to the salts licks and their usual pasture, their cattle died in large numbers, thereby making them unable to pay their taxes and that, consequently, the government took away more cattle in tax; and that they were also unable to pay for primary and secondary education for their children is utterly erroneous as tax is charged on income. According to the Respondent State it argues that if the Endorois were not able to raise income which amounts to the taxable brackets from their animal husbandly, they were obviously not taxed. The Respondent State adds that this allegation is false and intended to portray the Government in bad light.