5.
In connection to this, the Communication further alleges that while children in
Kenya have no proof of their nationality, they have legitimate expectation that they will be
recognised as nationals when they reach the age of 18. However, for children of Nubian
descent in Kenya, since many persons of Nubian descent are not granted the ID cards that
are essential to prove nationality, or only get them after a long delay, this uncertainty means
that the future prospects of children of Nubian descent are severely limited and often leaves
them stateless. The Complainants further allege that a vetting process that is applicable to
children of Nubian decent is extremely arduous, unreasonable, and de facto discriminatory.
6.
The Complainants allege and attempt to substantiate that the facts submitted by
them are supported by reports from the United Nations bodies, non-governmental
organizations, independent researchers, academicians, and adults and children of Nubian
descent living in Kenya.
The Complaint
7.
The Complainants allege violation of mainly Article 6, in particular sub-articles (2),
(3) and (4) (the right to have a birth registration, and to acquire a nationality at birth),
Article 3 (prohibition on unlawful/unfair discrimination) and as a result of these two
alleged violations, a list of “consequential violations” including Article 11(3) (equal access to
education) and Article 14 (equal access to health care).
Procedure
8.
The Communication was received by the Secretariat of the African Committee on 20
April 2009. After some effort to follow up with the Complainants, and the Respondent State,
during its 15th session, the Committee declared the Communication admissible as per
Decision number 01/Com/002/2009 dated March 16, 2010.
9.
A note verbal (reference DSA/ACE/64/1000.10 dated 13 July 2010) was addressed
to the Respondent State to present its written argument on the merits of the
Communication to allow the Committee consider the Communication, but no response was
received.
10. The Committee deferred the consideration of the Communication for its next ordinary
session.
11. Another note verbal (reference DSA/ACE/64/256.11 dated 22 February 2011) was
again sent again to invite the Respondent State to come and present its argument during the
African Committee’s 17th ordinary session, but again no response was received.
12. At its 17th Ordinary Session held in March 2011, the African Committee reasoned that
children’s best interests demanded that it consider the Communication, and decided to be
seized thereof and consider the Communication on its merits. As a result, it heard oral
arguments by the Complainants, and scrutinized the validity, legality, and relevance of such
arguments through a series of questions.
14.
Unfortunately, despite continued efforts by the Secretariat of the African Committee,
this Communication does not benefit from a response by the Respondent State. This has
inevitably forced the African Committee to rely on other information sources in determining
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