154. The Court considers that it is necessary to make a distinction
between the classical meaning of the right to life and the right to
decent existence of a group . Article 4 of the Charter relates to the
physical rather than the existentia l understanding of the right to
life.
1 55 . In the instant case, it is not in dispute between the Parties that that the Mau Forest
has, for generations, been the environment in which the Ogiek population has always
lived and that their livelihood depends on it. As a hunter-gatherer population, the
Ogieks have established their homes, collected and produced food , medicine and
ensured other means of survival in the Mau Forest. There is no doubt that their
eviction has adversely affected their decent existence in the forest.
According to the Applicant , some members of the Ogiek population died
at d ifferent times , due to lack of basic necessities such as food , water,
shelter, medicine, expos ure to the e lements , and diseases , subsequent
to their forced ev ictions . The Court notes however that the Applicant has
not estab lished the causal connection between the evictions of the
Ogieks by the Respondent and the deaths alleged to have occurred as a
result. The Applicant has not adduced evidence to this effect.
156.
In view of the above, the Co urt finds that there is no violation of
Article 4 of the Charter .
E.
Alleged violation of Article 8 of the Charter
Applicant's Submission
157.
The Applicant contends that the Ogieks practise a monotheistic religion closely
tied to their environment and that their beliefs and spiritual practices are protected by
Article 8 of the Charter and constitute a religion under international law. The Applicant
refutes the claim that the Ogieks' religious practices are a threat to law and order,
which has been the Respondent's basis for the unjustifiable interference with the
Ogieks' right to freely practice the ir religion . In this regard , the Applicant
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