002/09: IHRDA and OSJI (on behalf of children of Nubian descent in Kenya) v Kenya

Brief Facts

The children of Nubian decent have vague identities because the nationalities of their parents were uncertain. Complainant further alleged that the respondent explicitly stated that birth registration certificates are not proof citizenship and this has affected the Nubian Children’s access to basic amenities and social infrastructure such as schools and health centers.

In the 1900s the British government forcefully recruited some person’s form Nuba Mountains, which is today part of central Sudan into their army. After the war they requested for the British government to return them to their homeland but the British insisted that they stayed in Kenya and even gave them a settlement in Kenya called Kibera, but they were not given British nationality.

After Kenya’s independence in 1963, the issue of their nationality was not dealt with. Therefore these people had no form of identification and any child born by them had no nationality, because as mentioned above a birth registration certificate does not confirm citizenship, thus they were Stateless.

Alleged Violations of the African Charter on the Rights and Welfare of the Child

Article 3 Non-Discrimination

Article 6 Name and Nationality

Article 11 Education

Article 14 Health and Health Services

Venue

African Committee of Experts on the Rights and Welfare of the child.

Status of Communication

The ACERWC held that the government of Kenya violated all the rights mentioned above and it recommended that the government amend it laws. The committee appointed one of its members to monitor the implementation of this decision. The communication was decided on merits in Addis Ababa, Ethiopia (22nd March 2011). Download leaflet here

Litigation Partners

IHRDA and Observatoire congolais des droits de l’homme (OCDH) filed the communication on the 20th April 2009.

 

 

 

 

 

 

 

 

 

 

 

 

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