According to the Applicant, given their special relationship with
and dependence on land for their livelihood , when indig enous
populations are forcefully evicted from their ancestral land , they
become exposed to conditions affecting their decent way of life.
148 . The
Applicant
argues
that ,
similar
to
other
hunter-gatherer
communities, the Ogieks relied on their ancestral land in the Mau Forest
to support their livelihood , their specific way of life and their very
existence. The App licant contends further that the Ogieks ' ancestral
land in the Mau Forest provided them with , a constant supply of food , in
the form of game and honey , she lter, traditional medicines and an area
for cultural ritua ls and religious ceremonies and social organisation. The
Applicant argues that , the Respondent acknowledges this intimate
relationship that the Ogieks hav e with their ancestral land .
149. The App licant submits therefore that the Respondent's remova l of the
Ogieks from their ancestral and cu ltural home , and subsequent limiting
access to these lands , threatens to destroy the community ' s way of life
and that their hunter-gatherer livelihood has been severely affected by
relegation to unsuitable lands. According to the App licant , their forced
ev iction means that the Ogieks no longer have a decent survival and
consequently , their right to life under Article 4 of the Charter is
imperi lled .
Respondent's Submission
150. The
Respondent
submits
important for al l Kenyans,
that
th e
Mau
Forest
Complex
is
and the government is ent itl ed to
develop it for the benefit of all citizens . While the government
engages in economic activity for the benefit of all Kenyans in
areas where indigenous people li ve, the Respondent indicates that
dec is ion in Yak y e Ax a Indigenous Community v Paraguay Judgment of 17 June 2005 (Merits,
Reparations and Costs) Ser C No 125 paragraphs 160 to 163.
44
L.L
)
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents