Decision of the African Committee
69.
For the reasons given above, the African Committee finds multiple violations of
Articles 6(2), (3) and (4); Article 3; Article 14(2) (b), (c) and (g); and Article 11(3) of the
African Children’s Charter by the Government of Kenya, and:
1. Recommends that the Government of Kenya should take all necessary legislative,
administrative, and other measures in order to ensure that children of Nubian
decent in Kenya, that are otherwise stateless, can acquire a Kenyan nationality and
the proof of such a nationality at birth.
2. Recommends that the Government of Kenya should take measures to ensure that
existing children of Nubian descent whose Kenyan nationality is not recognised
are systematically afforded the benefit of these new measures as a matter of
priority.
3. Recommends that the Government of Kenya should implement its birth
registration system in a non-discriminatory manner, and take all necessary
legislative, administrative, and other measures to ensure that children of Nubian
descent are registered immediately after birth.
4. Recommends that the Government of Kenya to adopt a short term, medium term
and long term plan, including legislative, administrative, and other measures to
ensure the fulfilment of the right to the highest attainable standard of health and
of the right to education, preferably in consultation with the affected beneficiary
communities.
5. Recommends to the Government of Kenya to report on the implementation of
these recommendations within six months from the date of notification of this
decision.In accordance with its Rules of Procedure, the Committee will appoint
one of its members to follow up on the implementation of this decision.
Done in Addis Ababa, Ethiopia,
22 March 2011
The Chairperson of The Committee
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