are promoted, protected and fulfilled. The Respondent submits that it has ratified the ICCPR and ICESCR with specific provisions on the protection of cultural rights enshrined in its Constitution. 46 The Respondent avers that it has also effected numerous legal and policy measures to ensure that cultural rights of "indigenous people" in Kenya are upheld and protected. In this rega rd, the Respondent reiterates that the 2010 Constitution of Kenya protects the right of all Kenyans to promote their own culture. 174 . The Respondent underscores that while protecting the cultural rights, it also has the responsibility to ensure a balance between cultural rights v is-a-vis environmental conservation in order to undertake its obligation to all Kenyans, particularly in view of the provisions of the Charter 47 and its Constitution. 48 The Respondent further submits that the cultural rights of indigenous people such as the Ogieks may encompass activities related to natural resources , such as fishing or hunting which could have a negative impact on the environment and these must be balanced against other public interests. The Respondent urges the Court to bear in mind the intricate balance between the right to culture and environmental conservation for future generations . 1 7 5 . Furthermore, the Respondent stresses that as far as the Ogieks are concerned, their life style has metamorphosed and the cultural and traditional practices which made them distinct no longer exist, thus, the group itself no longer exists and it cannot therefore claim any cultural rights . The Respondent also states that the Ogieks no longer live as hunters and gatherers, thus, they cannot be said to conserve the environment. They have adopted new and modern ways of living , including bu i lding permanent structures, livestock keeping and farming which would have a serious negative impa ct on the forest if they are allowed to reside there . 46 See Article 2(5) and (6) of the Constitution of Kenya, 2010: (5) "The general ru les of international shall form part of the law of Kenya. (6) Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution." Article 44 of the Constitution of Kenya, 2010 provides for the right to use the language and to participate in the cultural life of the person's choice. 47 Articles 1 and 24 of the Charter. 48 Article 69 of the Constitution of Kenya, 2010.