stateless. 149. Regarding the prohibition of discrimination, the Commission recalls that States may not discriminate in law or in practice when providing people with or depriving them of nationality. The Commission has already established in its assessment of Articles 2 and 3 above, that the practice of requiring members of the Nubian community, simply because of their ethnic and religious affiliations, to meet different and more burdensome requirements in order to obtain identity documents is discriminatory and places them in a situation of extreme vulnerability as regards the exercise and enjoyment of their rights. 150. The State's discriminatory practices results in many Nubians who face enormous challenges to obtain or replace their ID cards when they are lost. Some are left altogether without an identity card (legal document required to proof citizenship) which excludes them from the State's juridical system. As a result, they cannot benefit from the advantages associated with Kenyan citizenship and are unable to enjoy a range of rights and freedoms already outlined above. 151. By failing to take measures to prevent members of the Nubian Community from becoming stateless and by failing to put in place fair processes, devoid of discrimination and arbitrariness for the acquisition of identity documents, the Commission considers that Kenya has failed to recognize the legal status of Nubians, in violation of Article 5 of the Charter. Alleged violation of Article 14 152. Article 14 of the African Charter provides that: The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws. 153. The Commission has established in Sudan Human Rights Organization and Centre for Housing Rights and Evictions (COHRE) v Sudan, (the Evictions case) that the right to property encompasses two main principles. The first one is of a general nature; it provides for the principle of ownership and peaceful enjoyment of property. The second principle provides for the possibility, and conditions of deprivation of the right to property. Article 14 of the Charter recognises that States are in certain circumstances entitled, among other things, to control the use of property in accordance with the public or general interest, by enforcing such laws as they deem necessary for the purpose.57 154. The Commission notes that the Complainants' main contention in the present Communication is the non-recognition of the property rights of the Nubian Community over the Kibera settlement (as a Nubian homeland) and the arbitrary dispossession of their property through forced evictions. The Commission notes further that Kenyan Nubians seek recognition of their collective property rights in Kibera in order to protect themselves against further forced evictions and encroachments, which they claim, threaten their cultural survival. 155. The Commission is therefore called upon to determine whether Nubians can claim ownership over the Kibera Settlement and whether their right to property has been violated as a result of routine forced evictions from the settlement allegedly perpetrated by the Kenyan Government. To determine this, the Commission considers that the historical background that gave rise to the present situation must be fully taken into account. 156. The Commission recalls from the unchallenged documentary evidence before it that Nubians are descendants of Sudanese soldiers used by the British in their military campaigns of the early 20th century. In 1904, they were settled by the colonial administration in a military reserve in Kibera, comprising a surface area of 4197.9 acres (approx. 1700 hectares), which was meant to provide a home for the ex-soldiers. Kibera was surveyed as a military reserve and gazetted as such in 1917. Permits to reside in Kibera were given to Nubians as individuals. The text of the permits gave the Nubians permission to live in the area and to build a house but no title was conferred.58 20