Mind stateless persons in the country
Mr Thomas Nguli (right), the chairman of the Makonde community in Kenya, with some members of his community, whose forefathers came from from Mozambique. A split has emerged as some members say they will participate in Mozambique's elections on October 15, 2014. PHOTO | GEORGE KIKAMI | NATION MEDIA GROUP
What you need to know:
- Most of these people came to the country long before the independence of the East Africa region had come into being.
The fact that some have intermarried with native communities has not made things easier.
The recent directive by President Uhuru Kenyatta to recognise members of the Makonde community as Kenya’s 43rd tribe is a remarkable milestone for stateless persons.
An estimated12 million people around the world are stateless. These individuals who are not considered to be a national by any State under its laws. A person may be stateless as a result of discrimination based on ethnicity, religion or gender, the transfer of territory between states or conflicting nationality laws.
Though they have been living in our midst for several decades and at times been wrongly assumed to belong to some Kenyan communities, the stateless people have been suffering in silence. Most of them cannot enjoy the rights and freedoms often taken for granted.
Most of these people came to the country long before the independence of the East Africa region had come into being. While the Makonde, who number about 1,100, arrived from Mozambique through Tanzania in the 1930s, others came from Rwanda, Burundi, Uganda and Tanzania. Some became lowly paid farm workers.
Without a valid ID, they cannot open bank accounts, acquire business permits, register mobile phone SIM cards, move freely or access their terminal benefits despite being over 80.
The fact that some have intermarried with native communities has not made things easier.
Due to their precarious situation, they have been easy prey for rogue security personnel who harass and extort bribes from them.
With the East African Cooperation member states making efforts to forge closer socioeconomic ties, it is time the government walked the talk concerning the plight of these people.
Although the Constitution has provisions through which the rights of these people may be protected, the legal framework is inadequate to deal with the issues. It is time that was rectified to ensure that all enjoy their human rights.
