stipend of 1000 shillings under this programme,
one must be in possession of a registered SIM
card.12
Lost Livelihoods: Prior to COVID-19, the Nubicessing services due to lack of documentation
which has been exacerbated by the pandemic.
The community continues to face challenges
accessing government aid such as food relief,
medical care and PPE. The government offers
basic services and cash transfers done primarily through mobile phones which are inaccessible to many Nubians and stateless people, as
they cannot register and use a SIM card without
providing an ID card. As a result of lockdowns,
job opportunities have been scarce and where
work is available, the lack of documentation
acts as a barrier to employment. This has resulted in an increase in poverty, malnutrition
and the inability to acquire basic necessities.
A general lack of awareness of the impact of
COVID-19 and prevention measures among
stateless communities and the general public,
further heightens their risk.
STATELESSNESS AND THE RIGHT
TO NATIONALITY IN KENYA
The 2010 Constitution,13 2011 Kenya Citizenship
and Immigration Act14 and 2001 Children Act15
all contain provisions pertaining to citizenship
in Kenya. Accordingly, citizenship is mainly acquired at birth on a jus sanguinis basis, if at the
time of birth, one parent was recognised as a
citizen of Kenya.
The causes of statelessness can be grouped
into two broad categories – legal and administrative.16 Legally, there are no adequate safeguards to prevent statelessness. The 2010
Constitution, for example, states that Kenyans
acquire citizenship at birth; however, this only
applies if at least one parent was registered
as a Kenyan citizen at the time of birth.17 The
Constitution and the Kenya Citizenship and Immigration Act18 both further contain provisions
regarding the renunciation of citizenship and
the deprivation of citizenship which do not safeguard against statelessness.19 Administratively
speaking, many Kenyans do not have access to
20
This is compounded by a lack of awareness of
the importance of birth registration.21
In practice, ethnic minorities including Kenyan
Nubians, Kenyan Somalis and the Coastal Arabs
are disproportionately threatened by the risk of
statelessness.22
in obtaining documents such as identity cards
or passports.23 Moreover, children from these
communities face a higher risk of statelessness
citizenship.
THE CESF CONSORTIUM PROJECT
This project, carried out by the Nubian Rights Forum, entails monitoring and responding to
human rights violations, documentation issues and challenges faced by the Nubian community during the pandemic. Through evidenced based advocacy, the project aims to end the
government-led vetting process that Nubians must undergo, which hinders their acquisition
of identity documentation. This project aims to raise awareness about statelessness and the
impact of COVID-19 through media outreach utilising local Kenyan TV and radio stations and
social media. This project disseminates information about COVID-19 in the community; ensuring accurate information is accessible to all. The project focuses on building partnerships
and networking to improve the situation. In collaboration with Kibera Food Drive, the project
provides food relief assistance in the form of small food packages and sanitation supplies
to those without access to COVID-19 state relief measures. Finally, the project provides legal
support to Nubians applying for their identity documents and legal counselling and mental
health support to those who have suffered human rights abuses during the pandemic.
NRF is a human rights organisation dedicated to promoting the rights of the Nubian community in Kenya by assisting stateless persons within the community with their applications for
identity and citizenship documents. NRF trains and supports community-based paralegals
who aim to empower those at risk of statelessness by navigating the Kenyan legal system.
Impact
Through a weekly radio show, NRF has been spreading awareness about statelessness and
disseminating information about COVID-19. Through dedicated social media work, NRF has
grown their supporter base and are now reaching thousands of people on platforms including
Facebook and Twitter. Through their radio show and social media presence they have been
able to raise awareness within the Nubian community on COVID-19, its impacts and preventative, life saving measures. NRF has gathered information on how the pandemic has affected stateless Nubians so they can offer bespoke assistance and gather an evidence base to
strengthen advocacy against the discriminatory identity documentation vetting process.
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