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Human and Peoples' Rights
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Collective Responsibility
(c) an indigenous community that has maintained and maintained a traditional
lifestyle and livelihoods based on a hunter-gatherer economy; or pastoral
people and communities, whether nomadic; or an established community
which, due to its relative geographical isolation, has had only marginal
participation in the integrated social and economic life of Kenya as a whole.
162. In the present case, the Commission observes that, in the absence of any contrary
information provided by the Respondent State, it has no grounds to contest the facts
used by the complainants to justify their request to recognise the Maasai community
of Kedong as an indigenous people.
163. The Commission recalls that the Maasai of Kedong, like other indigenous peoples,
exhibit a cultural identity, which includes their own language, social organisation,
religious, cultural and spiritual values, ways of life that differentiate them from
dominant groups and other indigenous populations, and are recognised as such by
other groups and by the authorities of the Respondent State42.
164. The Commission here does not refer to the number of people in the Maasai
community, but rather in terms of ways of life, since most of the population of the
Respondent State has converted to the way of life inherited from the colonial period.
Therefore, the Maasai who still live according to their ancestors, present themselves
as a group that resists the dominant way of life in the country.
165. The Commission notes that the Complainants' observations indicate that the
Maasai of Kedong maintain a special attachment to the land they claim, which are of
fundamental importance for the physical and cultural survival of the community.
According to the same observations, the lands in question serve "the economic
interests and resources derived from them, such as grass, salt pans, watercourses
and sand, from which they derive their livelihood, including the propagation and
sustenance of their vast herds of livestock."
166. The Commission recalls that for the indigenous populations, the lands also serve
as a burial ground for their dead, a place of various rituals, worship,43 and connection
with the ancestry of which the community is hereditary and protecti
guarantee the perpetuation of the tradition in time and space, that is
lands they inhabit.
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42 Case No. 006/20'12. Judgment of 26 May 2017, African Commission on Human and Peoples' Righls v. Republic of Kenya), para.
43 CommunicaLion No 276/03 : Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of End
J
ACt-lPR (2009), para. 156; See also Case No. 006/2012. Judgment o/26 May 2017, African Commission on Human and Peoples' Rig
. c,," /
182-186.
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