cf·h 6~!:tE~ ~~~ Human and Peoples' Rights Human Rights our Collective Responsibility 109. They allege that since 2010, the human rights situation in the Respondent State has been reviewed three times by the United Nations (UN) Universal Peer Review (UPR) mechanism. These revisions were carried out in 2010, 2015 and, more recently, in 2020. In 2010, the Respondent State agreed to implement the recommendations and decisions of its own judicial institutions and the African Commission, in particular those related to the rights of indigenous peoples. 110. In 2015, among others, the Respondent State accepted the main recommendations on the situation of indigenous peoples and agreed to effectively strengthen the protection of indigenous peoples' rights, including the land rights of their ancestors; and continue to implement legislation on the protection of the rights of indigenous peoples and their lands. In the last review, it accepted a recommendation to adopt new measures to strengthen the meaningful participation of indigenous peoples in all issues affecting them. 111 . The Complainants argue that in Rangal Lemeiguran & Others v Attorney General & Others [2006} Eklr, the High Court confirmed the existence of indigenous peoples in the Respondent State and ruled that they had the right to influence the formulation and implementation of public policy and to be represented by persons belonging to the same social background, cultural and economic than them. The High Court further noted that representation is a clear constitutional recognition of a positive right of the minority to participate in the political process of the state and to influence state policies. Alleged violation of the right to property 112. The Complainants allege that the Commission has observed that Article 14 includes the right to individual and collective property, thus protecting traditional communities who hold land communally, in accordance with the "values of African civilisation". They submit that Article 14 provides general protection for (i) the rights of the Maasai people over the historical territory, including their collective ownership, (ii) economic interests over the land, (iii) resources from which they derive their livelihood, including their livestock, and sand from the earth. 113. They submit that Article 15 of the ILO Convention No. 169 (1989) o and Tribal Peoples, establishes that the rights of the peoples concern resources of their lands must be especially safeguarded. These ri '· ~- V! iJ "'..., 1/ ~ ~ ,;fl'- ----· '

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