97 29. Children of Nubian descent in Kenya have a right to acquire nationality in a non-discriminatory manner. Institute for Human Rights and Development Africa (IHRDA) and Open Society Justice Initiative (OSJI) (on behalf of children of Nubian descent in Kenya) v Kenya Application 002/09 African Committee of Experts on the Rights and Welfare of the Child (African Committee) March 22, 2011 The obligation of the State Party under the African Children’s Charter in relation to making sure that all children were registered immediately after birth was not only limited to passing laws (and policies), but also extended to addressing all limitations and obstacles to birth registration. Summary of facts Applicants’ case Nubians in Kenya were from the Nuba mountains in central Sudan. They were forcibly recruited to the colonial British army in the early 1900s when Sudan was under British rule. Upon the official dissolution of the army, they requested to be returned to Sudan but the colonial Government refused and forced them to remain in Kenya. The colonial Government allocated them land within Kibera but did not grant them citizenship. When Kenya attained independence in 1963, the citizenship status of the Nubians was not addressed, they were treated as aliens and were not granted Kenyan nationality. The parents of Nubian children born in Kenya lacked identity documents and for that reason, they had difficulty registering the birth of their children. Further the birth registration certificate issued in Kenya explicitly stated that it was not proof of citizenship. Therefore, the complainants alleged that the registered children were left in an uncertain position contrary to article 6 of the African Children’s Charter. The complainants alleged that since many persons of Nubian descent were not granted Identity Cards (ID cards) that were necessary to prove nationality, or only got them after a long delay, that uncertainty meant that the future prospects of children of Nubian descent were severely limited and they were often left stateless. The complainants further alleged that the vetting process for obtaining the ID cards for persons of Nubian descent was extremely difficult, unreasonable, and unfair. The complainants stated that under the circumstances there had been violations of articles 6, 3, 11(3) and 14 of the African Children’s Charter. The violations were on the right to have a birth registration and to acquire a nationality at birth, prohibition on unfair/unlawful discrimination, right to equal access to education and right to equal access to health care. Respondent’s case CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST