2014African Journal of Legal StudiesOpen access

Statelessness and Rights: Protecting the Rights of Nubian Children in Kenya through the African Children’s Committee

Elvis Fokala, Lilian Chenwi

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Abstract

Abstract The question of statelessness is an incessant challenge in Africa. Stateless persons are often denied basic human rights due to lack of a nationality. The situation of children in Kenya – that are of Nubian descent – is illustrative of the plight faced by stateless persons. The African Committee of Experts on the Rights and Welfare of the Child has attempted to address this challenge in its first decision, made public in 2011. This article considers this decision, analysing its strengths and weaknesses as well as the potential impact of the decision.

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Abstract The question of statelessness is an incessant challenge in Africa. Stateless persons are often denied basic human rights due to lack of a nationality. The situation of children in Kenya – that are of Nubian descent – is illustrative of the plight faced by stateless persons. The African Committee of Experts on the Rights and Welfare of the Child has attempted to address this challenge in its first decision, made public in 2011. This article considers this decision, analysing its strengths and weaknesses as well as the potential impact of the decision.

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Available abstract

Abstract The question of statelessness is an incessant challenge in Africa. Stateless persons are often denied basic human rights due to lack of a nationality. The situation of children in Kenya – that are of Nubian descent – is illustrative of the plight faced by stateless persons. The African Committee of Experts on the Rights and Welfare of the Child has attempted to address this challenge in its first decision, made public in 2011. This article considers this decision, analysing its strengths and weaknesses as well as the potential impact of the decision.

Key concepts: Statelessness, Human rights, Stateless protocol, Political science, Nationality, Law, Welfare, Acknowledgement

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