The Commission's Assessment on the Merits 118. The Commission is called upon to determine whether the actions of the Kenyan Government in allegedly requiring Nubians to go through a lengthy vetting procedure before being issued with identity documents as well as the alleged encroachments on their land are contrary to the various provisions of the African Charter. The Commission is also called upon to determine whether there are other violations consequent upon the Respondent State's alleged discriminatory practices in the issuance of identity documents. 119. Although the Complainants outline several Articles of the Charter which they allege have been violated by the Respondent State, the Commission considers, taking into consideration the facts of the case and the arguments of the parties that the contentions properly fall within the confines of Articles 1, 2 and 3 (read together), 5, and 14 of the Charter. The Commission's assessment of the alleged consequential violations will be dependent on a finding of violation of Articles 2 and 5 of the Charter. 120. The Commission notes from the onset that the Respondent State has not made any specific observations on the Complainants' submissions on the Merits despite being given ample opportunity to do so in accordance with the Commission's Rules. In the absence of any specific observation, the Commission has relied on the Respondent State's initial submissions on the Admissibility which also addressed issues raised by the Complainants on the Merits of the Communication. Alleged violation of Article 2 and 3 121. {{2,Article 2} establishes that: Every individual shall be entitled to the enjoyment of the rights and freedoms recognised and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or any other status. 122. Article 3 stipulates that: 1. Every individual shall be equal before the law. 2. Every individual shall be entitled to equal protection of the law. 123. The Commission observes that Articles 2 and 3 of the Charter establish what is generally known as the right to equality and non-discrimination. While the right to equality and equal protection of the law is a substantive right, non-discrimination is a general principle which permeates the enjoyment of all rights guaranteed in the Charter. The principle of equality and non-discrimination is fundamental for the safeguard of human rights and is enshrined in all major international and regional human rights instruments.39 124. The principle of equality and non-discrimination is fundamental for the safeguard of human rights in both international and national law. States are therefore under an obligation to combat discrimination both in law and in practice.40 125. The Commission has defined discrimination in Zimbabwe Lawyers for Human Rights & Institute for Human Rights and Development in Africa (on behalf of Andrew Barclay Meldrum) v Zimbabwe, as: 16