correct information is provided and circulated widely. Simple language and information dissemination materials and techniques should be used to ensure that the information reaches targeted audiences.
Finding five: the number of stateless persons in Kenya and those at risk of statelessness is unclear and should be determined
Estimates derived from civil society show that and cited by the UNHCR show that, as
of 1 January 2009, there were some 100,000 stateless persons in Kenya. 234 These
statistics are not exact considering that no census has been taken on the number of
stateless persons in Kenya. Although officials; Government and Non-Government as
well as UNHCR; had met stateless persons or persons at risk of statelessness, they
were unaware of the exact number of this category of persons living within their jurisdiction of work or in the country.
It is essential to conduct targeted surveys in order to establish those who fall in this
category. Statelessness related questions should also be included in the national
population census exercise. There is also need for closer cooperation between the
Government and United Nations agencies to identify the scope of statelessness in the
country and the communities that are affected.
Thus far various researches have established that the following communities may be
at risk of statelessness in Kenya: the Galjeel, Nubians, Pembans, Kenyan Somali in
border areas, and people of Mozambican origin living in the coastal region and those
from Zimbabwe who settled in Kenya in the late 1960s as well as people from Arab
communities of Yemeni and Omani descent.
Finding six: there is need for sensitization that stateless persons and those at risk of
statelessness are entitled to rights
Although it would make a significant contribution to the protection of stateless persons in any country, passage or amendment of the law by itself is not enough. 235
As this study found, the attitude of registration or immigration officials could be improved in view of the fundamental role they play in the protection regime. Overall,
the relationship between persons at risk of statelessness and other citizens was cordial. However, in
234
UNHCR, Kenya: Country Operations Profile available at http://www.unhcr.org/pages/49e483a16.
html (accessed 20 August 2009).
235
See Edwin Abuya, ‘“A Place to Call Home”: Temporary Asylum in Australia―Lessons for South
Africa (2004) 15 Stellenbosch Law Review 429 at 446-447 (‘[T]he litmus test does not lie in a state’s
membership to international treaties or passage of relevant domestic legislation, but rather in the
extent to which [the] rights existing on paper are translated into real entitlements’).
41
OUT OF THE SHADOWS TOWARDS ENSURING THE RIGHTS OF STATELESS PERSONS AND PERSONS AT RISK OF STATELESSNESS IN KENYA
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