128. In the instant case, the Respondent does not dispute that the Ogiek Community has occupied lands in the Mau Forest since time immemorial. In the circumstances , since the Court has already held that the Ogieks constitute an indigenous community (supra paragraph 112), it holds, on the basis of Article 14 of the Charter read in light of the above-mentioned United Nations Declaration, that they have the right to occupy their ancestral lands, as well as use and enjoy the said lands. 129. . However, Article 14 envisages the possibility where a right to property including land may be restricted provided that such restriction is in the public interest and is also necessary and proportional 27 130. In the instant case, the Respondent's public interest justification for evicting the Ogieks from the Mau Forest has been the preservation of the natural ecosystem. Nevertheless, it has not provided any evidence to the effect that the Ogieks' continued presence in the area is the main cause for the depletion of natural environment in the area. Different reports prepared by or in collaboration with the Respondent on the situation of the Mau Forest also reveal that the main causes of the environmental degradation are encroachments upon the land by other groups and government excisions for settlements and ill-advised logging concessions. 28 In its pleadings, the Respondent also concedes that "the Mau Forest degradation cannot entirely be associated or is not associable to the Ogiek people". 29 In this circumstance, the Court is of the view that the continued denial of access to and eviction from the Mau Forest of the Ogiek population cannot be necessary or proportionate to achieve the purported justification of preserving the natural ecosystem of the Mau Forest. 27 See lssa Konate Case paragraphs 145 to154. Report of Mau Complex and Marmanet Forests, Environmental and Economic Contributions Current State and Trends, Briefing Notes Compiled by the team that participated in the reconnaissance flight on 7 May 2008, in consultation with relevant Government departments, 20 May 2008; See also Verbatim Record of Public Hearing 27 November 2014 page 111 , Ndung'u Report (Annexure 82) and the Mau Task Force Report pages 6, 9, 18 and 22. 28 29 See also Respondent's Submission on Merits page 23. 1