133. The Commission considers that adopting an arbitrary measure, such as the vetting process, which has no basis in Kenyan law, is prone to abuse, and which places significant burdens on a minority ethnic group and makes them vulnerable to further marginalization is irrational and consequently unjustifiable. 134. The above is a clear indication that Kenyan Nubians are unfairly discriminated against in the acquisition of identity documents solely on account of their ethnic and religious affiliations, which assails their dignity as human beings who are inherently equal in dignity. This position is further supported by the findings of the Kenyan Government's own human rights institution, the Kenya National Commission on Human Rights, which in a study found that: There is a strong institutionalised link between citizenship and ethnicity in the issuance of identity cards. The Study found that the registration system applied different and stricter rules with respect to Nubians, Kenyan Somalis and Kenyan Arabs as opposed to other Kenyan ethnic groups. This approach offends the tenets of equal treatment and has no place in a pluralistic and democratic society. Denying specific ethnic groups Identity Cards is not only discriminatory; it also enhances opportunities for rent seeking and further marginalizes these communities.46 135. In view of the above the Commission considers that the rights of Kenyan Nubians under Article 2 and 3 of the Charter have been violated. Alleged violation of Article 5 136. Article 5 of the Charter stipulates as follow: Every individual shall have the right to the respect of the dignity inherent in the human person and to the recognition of his legal status. All forms of exploitation and degradation of man, particularly slavery, slave trade, torture, cruel, inhuman or degrading treatment or punishment shall be prohibited. 137. The Commission notes from the onset that the present Communication does not deal with the second limb of Article 5, namely, the prohibition of exploitation and degradation of man. The respect of the dignity inherent in the human person informs the content of all the personal rights protected in the Charter. The Commission's assessment will therefore primarily dwell on the right to the recognition of one's legal status (and its relation to a person's dignity) as this is the main thrust of the Communication. 138. The Commission recalls that the right to the recognition of one's legal status (or juridical personality)47 is protected in many international and regional human rights instruments.48 The right to the recognition of juridical personality implies one's capacity to be the holder of rights and obligations. The recognition of one's legal status is an indispensable requirement for the enjoyment of the rights enshrined in the Charter because it grants an individual recognition before the law. 139. The Inter-American Court on Human Rights has established in the case of Yean Bosico v Dominican Republic that failure to recognize juridical personality harms human dignity, because it denies absolutely an individual's condition of being a subject of rights and renders him vulnerable to non-observance of his rights by the State or other individuals.49 It also held in that case that nationality (or citizenship)50 is a prerequisite for recognition of juridical personality.51 Nationality is the legal and political bond that connects a person to a specific State and allows the person to acquire and exercise specific rights and obligations by virtue of his/her membership in a political community. Nationality or citizenship establishes a formal connection between an individual and the State and brings the individual within the realm of the State's protection. 140. The Commission agrees with the position espoused above, namely that nationality is intricately linked to an individual's juridical personality and that denial of access to identity documents which entitles an individual to enjoy rights associated with citizenship violates an individual's right to the recognition of his juridical personality. The Commission considers that a claim to citizenship or nationality as a legal status is 18