arbitrarily depriving any person of his or her nationality or denying such person the right to ‘change’ his or her nationality. In order to deal with the plight facing stateless persons in particular, the international community passed the Stateless Persons Convention in 1954. This was followed by the 1961 Convention on the Reduction of Statelessness (‘Convention on the Reduction of Statelessness’).17 Collectively, these legal instruments seek to protect stateless persons, prevent new cases from arising and reduce their global population. Regional treaties, including the European Convention on Nationality18 and Council of Europe Convention on the Avoidance of Statelessness in Relation to State Succession,19 have been developed to reinforce protection at the regional level. These treaties reflect developments in international law that have occurred since the two universal treaties on statelessness were adopted. International human rights treaties such as the International Covenant on Civil and Political Rights (‘ICCPR’),20 Convention on the Rights of the Child (‘CRC’),21 Convention on the Elimination of All Forms of Discrimination Against Women 22 (‘CEDAW’), Convention on the Elimination of All Forms of Racial Discrimination (CERD), African23 Charter on the Rights and Welfare of the Child (‘ACRWC’)24 also asserts the right to nationality. Other human rights treaties such as the International Covenant on Economic, Social and Cultural Rights,25 (‘ICESCR’), Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 26 and the African (Banjul) Convention on the Reduction of Statelessness, 15 March 2006, C.E.T.S. 200. European Convention on Nationality, 6 November 1997, CETS No. 166 (entered into force 1 March 2000). 19 Council of Europe Convention on the Avoidance of Statelessness in Relation to State Succession, 30 August 1961, 989 U.N.T.S. 175 (entered into force 13 December 1975). 20 See articles 2, 3, 24 and 26 of the International Covenant on Civil and Political Rights (‘ICCPR’), GA Res. 2200(XXI) UN GAOR, 21st Sess., Supp. No. 16, 52, UN Doc. A/6316 (1966), 999 U.N.T.S. 171 (entered into force 23 March 1976). 21 See articles 7 and 8 of the Convention on the Rights of the Child (‘CRC’), GA Res.44/25 of 20 November 1989, 1577 U.N.T.S. 3 (entered into force 2 September 1990). 22 See article 9 of the Convention on the Elimination of All Forms of Discrimination Against Women (‘CEDAW’), G.A. Res.34/180, U.N. GAOR, 34th Sess., Supp. No. 46, at 193, U.N. Doc. A/34/46 (1979) (entered into force 3 September 1981). 23 See Article 5 (d) (iii) of Convention on the Elimination of All Forms of Racial Discrimination (‘CERD’). Adopted by the UN General Assembly Resolution 2106 (xx) of 21 December 1965, UNTS 9464, vol. 660, page 195 24 See article 6 of the African Charter on the Rights and Welfare of the Child (‘ACRWC’), OAU Doc. CAB/24.9/49, entered into force 29 November 1999. 25 International Covenant on Economic, Social and Cultural Rights, adopted by UN Gen Ass. on 16 Dec. 1966, 999 UNTS (entered into force 3 January 1976) (‘ICESCR’) article 6. 26 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, U.N.T.S. 1465, adopted by UN General Assembly resolution 39/46 of 10 December 1984, (entered into force 26 June 1987). 17 18 4 OUT OF THE SHADOWS TOWARDS ENSURING THE RIGHTS OF STATELESS PERSONS AND PERSONS AT RISK OF STATELESSNESS IN KENYA