States parties shall ensure, prior to carrying out any evictions, and particularly those involving large groups, that all feasible alternatives are explored in consultation with affected persons, with a view to avoiding, or at least minimizing, the need to use force. Legal remedies or procedures should be provided to those who are affected by eviction orders. States Parties shall also see to it that all individuals concerned have a right to adequate compensation for any property, both personal and real, which is affected. 165. In the present Communication, it has been submitted that Nubians have severally been evicted from Kibera with no provision made for alternative housing; no compensation provided to the displaced and no notice of such evictions given to the occupants. The Respondent State has not refuted any of these allegations. It has not also shown the public interest that necessitated these evictions nor has the legal framework within which the evictions were carried out been advanced. It therefore appears to the Commission that evictions were carried out without due process of law and in total disregard of the Respondent State's international human rights obligations. 166. For the above reasons, the Commission considers that the property rights of the Nubians in Kibera have been encroached on, in violation of Article 14 of the Charter. Consequential violations 167. The Complainants have submitted that the discriminatory treatment to which Nubians are subjected, which results in a tenuous citizenship status leaves the Nubians in a precarious situation and leads to a violation of other rights intricately linked to citizenship. 168. The Commission has already concluded in its assessment of Articles 2, 3 and 5 above that Nubians are discriminated against in acquisition of identity documents which effectively hampers their ability to enjoy a range of rights guaranteed in the Charter. As a result, the Commission will therefore not examine in detail the violations consequent on this discriminatory treatment. It suffices to note that it is common knowledge that in Kenya, those without national identity cards cannot vote or contest for public office, cannot be employed in the public service, and may not have access to public services such as healthcare and education. They may also not be able to register their marriages, may not be able to enter public buildings or open bank accounts, and may not be able to move freely within the country and undertake a host of other transactions that are necessary for a dignified life. All these affect the ability of Nubians to enjoy the rights guaranteed in Articles 12, 13, 15, 16 and 17(1) of the Charter. Alleged violation of Article 1 169. Article 1 of the Charter stipulates that ...parties to the Charter shall recognise the rights, duties and freedoms enshrined in the Charter and shall adopt legislative or other measures to give effect to them. The Commission has held in previous Communications that a violation of any provision of the Charter by a State Party automatically engages its responsibility under Article 1.63 170. The Commission considers that if a State Party fails to respect, protect, promote or fulfil any of the rights guaranteed in the Charter, this constitutes a violation of Article 1 of African Charter. In the present Communication, the Commission has reached the conclusion that the Respondent State's conduct is in violation of Articles 2, 3, 5, 12, 15, 1617 (1) and 18 of the Charter. The Commission therefore finds as a consequence a violation of Article 1 of the Charter. 22