F. Alleged violation of Articles 17(2) and (3) of the Charter Applicant's Submission 170. The Applicant, citing its own jurisprudence in the Endorois Case avers that "Culture could be taken 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 socia l group that distinguish it from other similar groups and in that it encompasses a group's religion , language, and other defining characteristics". On the basis of this , the Applicant submits that the cultural rights of the Ogieks have been violated by the Respondent, through restrictions on access to the Mau forest which hosts their cu ltural sites. According to the Applicant, their attempts to access their historic lands for cu ltu ra l purposes have been met with intimidation and detention, and serious restrictions have been imposed by the Kenyan authorities on their hunter-gatherer way of life, after the Respondent forcefully evicted them from the Mau Forest. 171. The App licant maintains that the Ogieks should be allowed to determine what culture is good for them rather than the Respondent doing so. The Applicant calls on the Court to be inspired by Article 61 of the Charter and urges the Court to find that the Respondent is in violation of Article 17 of the Charter in respect of the Ogieks and prays the Court to issue an Order for reparation. 172. While testifying about the cultural evolution of the Ogieks, the expert witness maintains and reiterates her earlier position as elaborated in the section on religion above in paragraph 161 . Respondent's Submission 173. The Respondent argues that it recognises and affirms the provisions of Article 17 of the Charter and has taken reasonable steps both at the national and international levels to ensure that the cu ltural rights of indigenous peoples in Kenya