, - r :~ ) iorro:c ~ 6 ~ t t EB Human and Peoples' Rights Human Rights ouc Collective Responsibility develop, control and use their communal lands, territories and resources and, where they have been deprived of their lands and territories traditionally owned or inhabited or used without their consent free and informed, so that they take action to return these lands and territories. Only when this is not possible for factual reasons, the Complainants submit, should the right to restitution be replaced by the right to fair, equitable and prompt compensation. Such compensation should, as far as possible, take the form of land and territory. 145. They argue that the Kampala Convention for the Protection and Assistance of Internally Displaced Persons requires States to avoid "as far as possible" displacement caused by development projects. In sum, these rules prohibit forced displacement as a fundamental principle, but in circumstances where it may be permissible, displacement should take place following due process, including the consent of the victims and after sufficient safeguards have been put in place to prevent serious rights violations and prevent the most vulnerable among the IDPs, including children. The Kenyan Government has not taken any steps consistent with its obligations under international law in the way it is dealing with the Kedong Maasai issue. The Commission Analysis 146. The alleged violation of the rights of the Kedong Maasai is based on the status of the Maasai as an indigenous population, hence the need for them to be classified as a people first, and an indigenous people second, before proceeding to the analysis of the allegations of violations of the rights in question. Allegation that Maasai community of kedong are indigenous people 147. The Commission notes that before pronouncing on the question of whether the Maasai of Kedong are an indigenous people or community, and for the purposes of the provisions of the African Charter for groups or collectives, it must rather define what a people is. a) Kedong Maasai as a people 148. In Endorois, the Commission acknowledged that there is no consensus on what a people is for the purposes of the African Charter. It also recognis nature of the African Charter and its openness to innovative int concluded that people refer to the collective rights provided fo ~ ~ •R t>-''t' ·- =--· ..