The Case of Kenya and the National Integrated Identity Management System (NIIMS) The Kenya country context was discussed at length in a number of different sessions during ISI’s World Conference. It was highlighted by Yassah Kimei (Nubian Rights Forum); Laura Bingham (Open Society Justice Initiative); Mustafa Mahmoud (Namati) and Diana Gichengo (Kenya Human Rights Commission). One of the topics to receive a lot of attention was Kenya’s contentious new biometric database: the ‘National Integrated Identity Management System’ (NIIMS). A digital identity management system, NIIMS is a national population register set to become a single source of information about Kenyan citizens (both those residing in Kenya and the Kenyan diaspora) and foreigners residing in the country. Its implementation has received criticism due to many factors that put individuals at risk of statelessness, and further penalise those excluded. These issues include the requirement to have an ID card to register; not being able to opt out of the system; exclusion from essential rights and services for those not signed up; the lack of clarity around how sensitive information required to sign up will be used and the risk of Kenyan citizens being registered as foreigners if they cannot provide the required documentation at registration. The Nubian Rights Forum filed a petition in the High Court of Kenya, challenging the constitutionality of NIIMS. Since the Conference, the hearings on this case have been held and the outcome is now expected by late 2019 or early 2020. Those working on legal identity, citizenship and statelessness issues around the world are continuing to watch the Kenyan context closely and eagerly await the High Court’s ruling. ‘Unseenuntouchable’ Nepali artist Manish Harijan’s work depicted the artist with a silver bowl affixed to the front of his face. The bowl covered the artist’s face, reducing him to a state of anonymity. However, viewers could see the distorted reflection of their own faces in the bowl. Adding an element of performance art to his work, Manish – in full costume – interacted with participants. The bowl obscuring his face and voice made for challenging and interesting conversations with a voiceless, faceless counterpart. This artwork raised questions around identity, how we see those whose identity is obscured by barriers placed before them and how we interact with them in the face of such constraints. It provided a unique and thought-provoking perspective through which to engage with the real challenges faced by persons who have been denied their identity, and who are compelled to interact with society and institutions from this position of disadvantage and invisibility. 10 Moving Citizenship up the Legal Identity (SDG16.9) Agenda In collaboration with Open Society Justice Initiative and the Knowledge Platform Security and Rule of Law, ISI convened a closed-door strategy meeting on the margins of the Conference. 25 key actors participated in this meeting, including practitioners working on the ground in countries as diverse as India, Kenya, Malaysia and Myanmar. Collectively, they brought together expertise on nationality and statelessness, sustainable development, open government, humanitarian assistance, peacebuilding and rule of law. The purpose was to map current priorities, concerns and strategic interests in engaging with the issue of legal identity. Among the challenges articulated by the participants was the need to ‘complexify’ the understanding of legal identity such that any false assumptions, and also the interconnectivity with other SDGs and with citizenship/ statelessness is exposed. The need to influence the narrative around technology as being neutral, nonpolitical or inherently ‘good’, and show how systems that are not intentionally designed and implemented to be inclusive will be intentionally or unintentionally exclusive and may impact on people’s citizenship status was also stated. Meeting participants agreed that “the train is moving fast” on this issue and it is key to try to influence things, identifying a number of target audiences and strategies for outreach and engagement. Drawing from the meeting conclusions and the Conference debates on these issues, ISI is developing a policy brief on this issue for publication later in 2019.

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