,,_cHPq ~ t) ~~~L!E~~ Human and Peoples' Rights Human Rights our Collective Responsibility 101. In the Complaint, the Complainants allege violation of Articles 1, 4, 5, 14, 17(2) and 22 of the African Charter, but made no observations in relation to Articles 5 of the African Charter. The remarks on the alleged violation of the right to education, provided for in Article 17(2) of the African Charter, appear in the middle of a sentence as a consequence of the eviction17. 102. The Commission notes that in what the Complainants call the Memorandum of Argument and Evidence, submitted after the Complaint was seized, they allege violation of Articles 1, 3, 5, 14, and 17(2), 19 of the African Charter and Articles 27 (1 ), (2), (4), (5) and (6); 28; 29 (c) (d) (e) and (f); 40 (3) and (4); 42; 43 (a) (b) (c) and (f); 44; 47 (1) and {2); 57(c) and 63 of the Constitution of Kenya. However, in their submissions on the merits, the Complainants make observations only on (i) the right to be recognized as an indigenous community, (ii) the right to property (Article 14), (iii) the right to life (Article 4 ), (iv) the right to self-determination (Article 20 ); and (v) the right to development (Article 22); and (vi) the right to reparations (Article 1). 103. The Commission notes that in the Memorandum referred to above, there are no specific submissions on the right to non-discrimination (Article 3), the right to dignity (Article 5), and the right to education (Article 17), all of the African Charter. The references to Article 3 appear in the context of the claims on the right to life18, the right to self-determination,19 and the right to reparations20. Thus, the allegations of infringement of Articles 3, 5 and 17 of the African Charter disappear from the observations made in the pleadings on admissibility and merit. 104. On the basis of the above, the Commission will rule on the allegations of violation of (i) the right of the Maasai of Kedong to be recognized as an indigenous community; (ii) the right to property (Article 14); (iii) the right to life (Article 4 ); (iv) the right to selfdetermination (Article 20); (v) the right to development (Article 22); and (vi) the right to reparations (Article 1 ). The Commission will therefore only deal with reservations relating to these rights. Alleged violation of the right to be recognised as an indigenous population ~=::::::......_ 17 Para. 28 of lhe Complrunt. 18 Para. 69. 19Stop. 71, 73, 74 and 75. 20 Paras, 86 and 88.