241. The African Commission is of the view that protecting human rights goes beyond the duty not to destroy or deliberately weaken minority groups, but requires respect for, and protection of, their religious and cultural heritage essential to their group identity, including buildings and sites such as libraries, churches, mosques, temples and synagogues. Both the Complainants and the Respondent State seem to agree on that. It notes that Article 17 of the Charter is of a dual dimension in both its individual and collective nature, protecting, on the one hand, individuals’ participation in the cultural life of their community and, on the other hand, obliging the state to promote and protect traditional values recognised by a community. It thus understands culture to mean that complex whole which includes a spiritual and physical association with one’s ancestral land, knowledge, belief, art, law, morals, customs, and any other capabilities and habits acquired by humankind as a member of society - the sum total of the material and spiritual activities and products of a given social group that distinguish it from other similar groups. It has also understood cultural identity to encompass a group’s religion, 133 language, and other defining characteristics. 242. The African Commission notes that the preamble of the African Charter acknowledges that “civil and political rights cannot be dissociated from economic, social and cultural rights … social, cultural rights are a guarantee for the enjoyment of civil and political rights”, ideas which influenced the 1976 African Cultural Charter which in its preamble highlights “the inalienable right [of any people] to organise its cultural life in full harmony with its political, economic, social, philosophical and spiritual 134 ideas. Article 3 of the same Charter states that culture is a source of mutual enrichment for various 135 communities. 243. This Commission also notes the views of the Human Rights Committee with regard to the exercise of the cultural rights protected under Article 27 . The Committee observes that [quote]“culture manifests itself in many forms, including a particular way of life associated with the use of land resources, especially in the case of indigenous peoples. That right may include such traditional activities as fishing or hunting and the right to live in reserves protected by law. The enjoyment of those rights may require positive legal measures of protection and measures to ensure the effective 136 participation of members of minority communities in decisions which affect them.” 244. The African Commission notes that a common theme that usually runs through the debate about culture and its violation is the association with one’s ancestral land. It notes that its own Working Group on Indigenous Populations/Communities has observed that dispossession of land and its 137 resources is “a major human rights problem for indigenous peoples.” It further notes that a Report from the Working Group has also emphasised that dispossession “threatens the economic, social 138 andcultural survival of indigenous pastoralist and hunter-gatherer communities.” 245. In the case of indigenous communities in Kenya, the African Commission notes the critical ‘Report of the Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous People in Kenya’ that “their livelihoods and cultures have been traditionally discriminated against and their lack of legal recognition and empowerment reflects their social, political and 139 economic marginalization.” He also said that the principal human rights issues they face“relate to the loss and environmental degradation of their land, traditional forests and natural resources, as a result of dispossession in colonial times and in the post-independence period. In recent decades, inappropriate development and conservationist policies have aggravated the violation of their 140 economic, social and cultural rights.” 246. The African Commission is of the view that in its interpretation of the African Charter, it has recognised the duty of the state to tolerate diversity and to introduce measures that protect identity groups different from those of the majority/dominant group. It has thus interpreted 17(2) as requiring governments to take measures “aimed at the conservation, development and diffusion of culture,” such as promoting “cultural identity as a factor of mutual appreciation among individuals, groups, nations and regions; . . . promoting awareness and enjoyment of cultural heritage of national 141 ethnic groups and minorities and of indigenous sectors of the population.” 247. The African Commission’s WGIP has further highlighted the importance of creating spaces for dominant and indigenous cultures to co-exist. The WGIP notes with concern that: