to worship, engage in rituals , observe days of rest, and wear religious garb,
allow individuals or groups to worship or assemble in connection with a religion
or belief, and to establish and maintain places for these purposes, as well as to
celebrate ceremonies in accordance with the precepts of one's relig ion or
belief.43
164.
The Court notes that, in the context of traditional societies, where formal
religious institutions often do not exist, the practice and profession of religion are
usually inextricably linked with land and the environment. In indigenous societies
in particular, the freedom to worship and to engage in religious ceremonies
depends on access to land and the natural environment. Any impediment to , or
interference with accessing the natural environment, including land, severely
constrains their ability to conduct or engage in religious rituals with considerable
repercussion on the enjoyment of their freedom of worship.
165.
In the instant case, the Court notes from the records before it44 that the Ogieks'
religious sites are in the Mau Forest and they perform their religious practices there.
The Mau Forest constitutes their spiritual home and is central to the practice of their
religion. It is where they bury the dead according to their traditional rituals 45 , where
certain types of trees are found for use to worship and it is where they have kept their
sacred sites for generations.
166.
The records also show that the Ogiek population can no longer undertake
their religious practices due to their eviction from the Mau Forest . In addition ,
they must annually apply and pay for a license for them to have access to
the Forest. In the opinion of the Court, the eviction measures and these
regulatory requirements interfere with the freedom of worship of the Ogiek
population.
Article 6 of the United Nations Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief, (Thirty-Sixth session, 1981), U.N. GA Res. 36/55, (1981).
44 Applicant's Submission on Merits page 184, paragraphs 431 to 432 and the Affidavit of Seli Chemeli
Koech filed by Applicant.
45 For instance, placing a dead person under the Yemtit tree (Olea Africana).
43
49
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