131. In view of the foregoing considerations, the Court holds that by expelling the Ogieks from their ancestral lands against their will, without prior consultation and without respecting the conditions of expulsion in the interest of public need, the Respondent violated their rights to land as defined above and as guaranteed by Article 14 of the Charter read in light of the United Nations Declaration on the Rights of Indigenous Peoples of 2007. C. Alleged violation of Article 2 of the Charter Applicant's Submission 132 . The Applicant submits that Article 2 of the Charter provides a non exhaustive list of prohibited grounds of discrimination and that the expression "or other status", widens the list to include statuses not expressly noted . The Applicant notes that any discrimination against the Ogiek Community would fall within the definition of "race", "e thni c group", "religion " and "social origin" referred to in Article 2. The Applicant urges the Court to act in line with the jurisprudence of other regional human rights bodies and maintains that discrimination on grounds of ethnic origin is not capable of objective justification . 133. According to the Applicant, the differential treatment of the Ogieks and other similar indigenous and minority groups within Kenya, in relation to the lack of respect for their property rights , religious and cultural rights , and right to life , natural resources and development under the relevant laws , constitutes unlawful discrimination and is a violation of Article 2 of the Charter . The Applicant stresses that the Respondent has , since independence , been pursuing a policy of assimilation and marginalisation , presumably in an attempt to ensure nationa l unity and, in the case of land and natural re so urce rights , in the name of conservation of the Mau Forest. According to the Applicant, while such aims of national unity or conservation may be legitimate and serve the common interest, the means employed, including the non- recognition of the tribal and ethnic identity of the Ogieks and their 38 corresponding rights is entirely

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