'~~·r) e.~~ttEonR Human R,ghts o"' Human and Peoples' Rights Collective Responsibility disposal, but also the prohibition of invasion by third parties50, including the State itself51; that the ownership of land includes its resources52. ~lm:rrj 177. The Commission has considered that States Parties have the obligation to recognise the right of indigenous peoples to communal property and to provide for internal mechanisms to protect this right in accordance with international law, and such protection cannot be perceived as discriminatory53; that the system of trust land was inadequate for indigenous populations; that forced eviction is presumed to massively violate the right to property54; that the right of access to land alone is insufficient, because it makes indigenous populations vulnerable, and that property is the safest way to protect indigenous populations from the encroachments of indigenous peoples. third parties55. 178. The Commission considers that the ownership of land by indigenous peoples cannot depend on the existence of a title deed. Moreover, the owners of land in traditional African societies have never recognized each other based on title deed but based on actual occupation or temporal precedence over a given territory. However, the obligation of formal recognition of ownership of ancestral lands and the consequent demarcation and attribution of title deed, would constitute the obligation of the States Parties to protect indigenous populations from the attacks of third parties who normally form dominant classes. 179. The Commission notes that in the present case, it is called upon to rule on the Maasai's right of ownership of the claimed lands; and (b) the possibility of affecting the property. (a) The acquisition of land by means of original occupation or by time immemorial 50 Ogoni case Comm,rnication No. 225/98 v Nigeria, 14th A1mual Report, para. 52. 51 Communicalions 54/91, 61/91, 98/93, 164/97, 196/97 and 210/98. 52 Ogoni case Communication No. 225/98 v Nigeria, 14th Annual Report, par•. 186, citing the Europe•n Court of Human Rights, in the c•se of Dogan and Othen, v. Turkey, Europe•n Court of Human Rights, applications 8803-8811/02, 8813/02 and 8815-8819/02 (2004), paras. t38-139. !9~.1?,~lti~~i<-fai_. . 53 Communication No 276/03: Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of the Endorois para. 196. 54 Communication No 276/03: Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of the End ~~ <, ~'? f.C~TA~1 ':, . - -... "I,- ' ¥0 ~ 9o ~ "e''!I 55 Communication No 276/03: Centre for Minorit)' Rights Development (Kenya) and Minority Rights Group (on behalf of the En para. 204. ; d <,;,.0 °'l•~icA1NtS -~ETOE