rather , their whole spiritua l life and their entire existence depends
on the forest and its intactness . She stated that whether or not
their livelihood is derived from the forest (as is the case of the
Ogieks), people tend to erroneously think that because today the
Ogieks have not turned up in skins or hides, then they do not need
to hunt or that they have given up their culture .
Respondent's Submission
161 .
The Respondent contends that the Applicant has failed to adduce evidence to show the
exact places where the alleged ceremonies for the religious sites of the Ogieks are located.
They argue that the Ogieks have abandoned their religion as they have converted to
Christianity and that the religious practices of the Ogieks are a threat to law and order,
thereby necessitating the Respondent's interference, to protect and preserve law and order.
The Respondent contends that the Ogieks are free to access the Mau Forest, except
between 6 p.m. and 9 a.m. and that they are prohibited from carrying out certain activities,
unless they have a licence permitting them to do so.
The Court's Assessment
162.
Article 8 of the Charter provides:
"Freedom of conscience, the profession and free practice of religion shall be
guaranteed. No one may, subject to law and order, be submitted to measures
restricting the exercise of these freedoms."
163. The above provision requires State Parties to fully guarantee freedom of
conscience, the profession and free practice of religion . 41 The right to freedom
of worship offers protection to all forms of beliefs regardless of denominations:
theistic, non-theistic and atheistic beliefs, as well as the right not to profess any
religion or belief.42 The right to manifest and practice religion includes the right
41
42
SeealsoArtic le 18, ICCPR.
UNHRC , CCPR General Comment No. 22: Article 18 (Freedom of Thought, Conscience or Religion),
30 July 1993, CCPR/C/21/Rev.1/Add.4, available at:
http://www.refworld.org/docid/453883fb22.html paragraph 2.
~r/
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