their cultural survival, and on the basis that, without a homeland in Kenya, the Nubian community effectively does not exist. 86. They claim that Kenyan Nubians of Kibera have the right under Article 14 of the Charter to legal protection for the property where they have lived for generations, and with which they have developed a profound and all-encompassing relationship as their ancestral home. However, as a result of the historical injustice whereby they were regarded as aliens and due to which they still have a tenuous citizenship status, the Government does not recognize their property rights. 87. The Complainants point out that the Commission recognizes land as property for the purposes of Article 14 of the Charter.31 The right to property includes the right to have access to one's property and not to have one's property invaded or encroached upon.32 The Commission has also recognized that owners have the right to undisturbed possession, use and control of their property however they deem fit. 88. The Complainants argue that Governments may only encroach upon the Article 14 rights of individuals if it is in the interest of public need or in the general interest of the community, and if the encroachment is proportionate. They state that there is no general interest in maintaining the Kenyan Nubians in their precarious state, at permanent risk of widespread forced evictions, which amount to a gross violation of human rights. Article 14 of the Charter establishes that an encroachment upon property will constitute a violation of the Charter unless it is shown that it is in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws. 89. They state that the African Commission has established that the justification of limitations on rights, such as those allowed under Article 14, must be strictly proportionate with, and absolutely necessary for, the advantages which follow.33 The Commission has further emphasized that any limitations should be the least restrictive measures possible.34 90. They outline a summary of encroachments upon Kibera, as follows: 1. Over the years, the 4,197 acres originally allocated to the Nubians has been reduced to 400 acres by government sales of land for developments. 2. With each new government concession granted to non-Nubians, the Nubian community has had to live in less space, such that they could no longer keep animals or farm, threatening their food security. 3. Recent government slum upgrading has further reduced the size of Kibera, but Kenyan Nubians who lived in those areas were generally not considered for occupancy of the new houses. 4. No notice was given of government-sponsored evictions, which were carried out using force and with the assistance of the police. 5. No provision was made for alternative housing. 6. No compensation was provided to those who were displaced. 7. Nubians only secured property titles by the intervention of non-Nubians. 91.The Complainants state that the African Commission has found that the expropriation of the land of a particular ethnic group as part of a program aimed at forcing them out of the country amounted to a violation of Article 14.35 They argue that the Commission has also drawn inspiration from the definition of the term used by the United Nations Committee on Economic, Social and Cultural Rights, which defines the term as the permanent removal against their will of individuals, families and/or communities from the homes and/or lands which they occupy, without the provision of, and access to, appropriate forms of legal or other protection.36 The Commission has found that: Forced evictions, by their very definition, cannot be deemed to satisfy Article 14 of the Charter's test of being done 'in accordance with the law'. This provision must mean, at the minimum, that both Kenyan law and the relevant provisions of international law were respected.37 92. The Complainants argue that any encroachment upon property rights must be carried out in accordance with "appropriate laws" in order to avoid a violation of Article 14, which includes domestic and international law. The forced evictions of the Kenyan Nubians from Kibera have not been in accordance 11