Update on 002/09 Nubian Children in Kenya v Kenya: IHRDA & OSJI meet with Nubian Community in Kibera, Kenya

A joint IHRDA/OSJI team met with representatives of the Nubian Community in Kibera, Nairobi, Kenya on 28 May 2011 to share the successful outcome of the Communication 002/2009 Nubian Children in Kenya v Kenya. In March 2011, the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) announced its preliminary decision in the case filed by IHRDA and OSJI on behalf of Nubian children.
The ACERWC found Kenya in violation of its obligations under the African Charter on the Rights and Welfare of the Child (the Charter). As Nubian children were not granted Kenyan nationality at birth, it violated Article 6 (3) of the Charter and represented the State’s failure to fulfil its obligation to avoid the statelessness of children under Article 6 (4). The ACERWC also found that Kenya was unlawfully discriminating against Nubian children’s access to citizenship prohibited by Article 3.
Members of the Council of Elders of the Nubian community in Kibera were of the view that the ACERWC’s decision should be celebrated. Members of the Nubian Community needed to know about this first victory in their long struggle for citizenship, equality and non-discrimination. Plans are underway to celebrate this victory on the Day of the Africa Child, observed on 16 June 2011.