100/93 Free Legal Assistance Group and Others v. Zaire , they argue that the African Commission 7 held that the practices of the Jehovah’s Witnesses were protected under Article 8. In the present communication, the Complainants state that the Endorois’ religion and beliefs are protected by Article 8 of the African Charter and constitute a religion under international law. The Endorois believe that the Great Ancestor, Dorios, came from the Heavens and settled in the Mochongoi Forest. After a period of excess and luxury, the Endorois believe that God became angry and, as punishment, sank the ground one night, forming Lake Bogoria. The Endorois believe themselves to be descendants of the families who survived that event. 78. They state that each season the water of the lake turns red and the hot springs emit a strong odour. At this time, the community performs traditional ceremonies to appease the ancestors who drowned with the formation of the lake. The Endorois regard both Mochongoi Forest and Lake Bogoria as sacred grounds, and have always used these locations for key cultural and religious ceremonies, 8 such as weddings, funerals, circumcisions, and traditional initiations. 79. The Complainants argue that the Endorois, as an indigenous group whose religion is intimately tied to the land, require special protection. Lake Bogoria, they argue, is of fundamental religious significance to all Endorois. The religious sites of the Endorois people are situated around the lake, where the Endorois pray, and religious ceremonies are regularly connected with the Lake. Ancestors are buried near the lake, and as stated above, they claim that Lake Bogoria is considered the spiritual home of all Endorois, living and dead. The lake, the Complainants argue, is therefore essential to the religious practices and beliefs of the Endorois. 80. The Complainants argue that by evicting the Endorois from their land, and by refusing the Endorois community access to the Lake and other surrounding religious sites, the Kenyan Authorities have interfered with the Endorois’ ability to practice and worship as their faith dictates. In violation of Article 8 of the African Charter, the Complainants argue that religious sites within the game reserve have not been properly demarcated and protected. They further argue that since their eviction from the Lake Bogoria area, the Endorois have not been able to freely practice their religion. Access as of right for religious rituals – such as circumcisions, marital rituals, and initiation rights – has been denied the community. Similarly, the Endorois have not been able to hold or participate in their most significant annual religious ritual, which occurs when the Lake undergoes seasonal changes. 81. Citing the African Commission’s jurisprudence in , the Complainants argue that the African Commission recognised the centrality of practice to religious freedom, noting that the State Party violated the authors’ right to practice religion because non-Muslims did not have the right to preach or 9 build their churches and were subjected to harassment, arbitrary arrest, and expulsion. In addition, they argue, the UN Declaration on the Rights of Indigenous Peoples gives indigenous peoples the 10 right “to maintain, protect and have access in privacy to their religious and cultural sites…” They state that only through unfettered access will the Endorois be able to protect, maintain, and use their sacred sites in accordance with their religious beliefs. 11 82. Citing the case of Loren Laroye Riebe Star, the Complainants argue that the Inter-American Commission on Human Rights (IAcmHR) has determined that expulsion from lands central to the practice of religion constitutes a violation of religious freedoms. In the above case, the Complainants argue that the IACmHR held that the expulsion of priests from the Chiapas area was a violation of the right to associate freely for religious purposes. They further state that the IACmHR came to a similar conclusion in Dianna Ortiz v. Guatemala . This was a case concerning a Catholic nun who fled 12 Guatemala after State actions prevented her from freely exercising her religion. Here, the IACmHR decided that her right to freely practice her religion had been violated, because she was denied 13 access to the lands most significant to her. 83. The Complainants argue that the current management of the game reserve has failed both to fully demarcate the sacred sites within the Reserve and to maintain sites that are known to be sacred 14 to the Endorois. They argue that the Kenyan authorities’ failure to demarcate and protect religious sites within the game reserve constitutes a severe and permanent interference with the Endorois’ right to practice their religion. Without proper care, sites that are of immense religious and cultural significance have been damaged, degraded, or destroyed. They cite “The UN Declaration on the Rights of Indigenous Peoples” which state in part that: “States shall take effective measures, in