71. The arguments below are the submissions of the Complainants, taking also into consideration th their oral testimony at the 40 Ordinary Session, all their written submissions, including letters and supporting affidavits. 72. The Complainants argue that the Endorois have always been the bona fide owners of the land 4 around Lake Bogoria. They argue that the Endorois’ concept of land did not conceive the loss of land without conquest. They argue that as a pastoralist community, the Endorois’ concept of “ownership” of their land has not been one of ownership by paper. The Complainants state that the Endorois community have always understood the land in question to be “Endorois” land, belonging to the community as a whole and used by it for habitation, cattle, beekeeping, and religious and cultural 5 practices. Other communities would, for instance, ask permission to bring their animals to the area. 73. They also argue that the Endorois have always considered themselves to be a distinct community. They argue that historically the Endorois are a pastoral community, almost solely dependent on livestock. Their practice of pastoralism has consisted of grazing their animals (cattle, goats, sheep) in the lowlands around Lake Bogoria in the rainy season, and turning to the Monchongoi Forest during the dry season. They claim that the Endorois have traditionally relied on beekeeping for honey and that the area surrounding Lake Bogoria is fertile land, providing green pasture and medicinal salt licks, which help raise healthy cattle. They argue that Lake Bogoria is also the centre of the community’s religious and traditional practices: around the lake are found the community’s historical prayer sites, the places for circumcision rituals, and other cultural ceremonies. These sites were used on a weekly or monthly basis for smaller local ceremonies, and on an annual basis for cultural festivities involving Endorois from the whole region. 74. The Complainants argue that the Endorois believe that spirits of all former Endorois, no matter where they are buried, live on in the Lake. Annual festivals at the lake took place with the participation of Endorois from the whole region. They say that Monchongoi forest is considered the birthplace of the Endorois people and the settlement of the first Endorois community. They also state that the Endorois community’s leadership is traditionally based on elders. Though under the British colonial administration, chiefs were appointed, this did not continue after Kenyan independence. They state that more recently, the community formed the Endorois Welfare Committee (EWC) to represent its interests. However, the local authorities have refused to register the EWC despite two separate efforts to do so since its creation in 1996. 75. The Complainants argue that the Endorois are a ‘people’, a status that entitles them to benefit from provisions of the African Charter that protect collective rights. The Complainants argue that the African Commission has affirmed the rights of“peoples’’ to bring claims under the African Charter in the case of Social and Economic Rights Action Center and Center for Economic and Social Rights v. Nigeria (the Ogoni Case) stating: “The African Charter in Articles 20 through 24 clearly provides for peoples’ to retain rights as peoples’, that is, as collectives. The importance of community and 6 collective identity in African culture is recognised throughout the African Charter.” They further argue that the African Commission noted that when there is a large number of individual victims, it may be impractical for each individual Complainant to go before domestic courts. In such situations, as was with the Ogoni case, the African Commission can adjudicate the rights of a people as a collective. They therefore argue that the Endorois, as a people, are entitled to bring their claims collectively under those relevant provisions of the African Charter. Alleged Violation of Article 8 – The Right to Practice Religion Article 8 of the African Charter states: Freedom of conscience, the profession and free practice of religion shall be guaranteed. No one may, subject to law and order, be submitted to measures restricting the exercise of these freedoms. 76. The Complainants allege violation to practice their religion. They claim that the Kenyan Authorities’ continual refusal to give the community a right of access to religious sites to worship freely amounts to a violation of Article 8. 77. The Complainants argue that the African Commission has embraced the broad discretion required by international law in defining and protecting religion. In the case of 25/89-47/90-56/91-