Kenya: AU's Rights Organ, ACHPR, Lauds Kenya's Commitment to Grant Pemba People Citizenship

(file photo).
18 December 2022

Nairobi — The African Commission on Human and Peoples' Rights (ACHPR) has hailed Kenya's decision to commence the process of granting the Pemba community citizenship.

Commissioner Solomon Ayele Dersso, Country Rapporteur on the situation of human rights in Kenya, said in a statement, that extending the full measure of rights of citizenship to the Pemba community makes Kenya an inclusive society.

He said the move fulfills the requirements of human rights and norms of non-discrimination and equality, as enshrined under the African Charter on Human and Peoples' Rights (the African Charter).

"The African Commission welcomes this legal measure that ensures the inclusion and protection of this group that did not enjoy the full benefits of nationality and citizenship," Commissioner Dersso stated.

He went on to urge the Government to extend the benefits of Kenyan citizenship to some other stateless people who live in Kenya, including the Galjael community, who he said face severe challenges in terms of, among others, access to property, health, education and equal protection of the law.

The African Commission vowed to support Kenya as it seeks to enhance the rights and freedoms of communities residing in the country.

"The Commission pledges its support to the efforts of the Republic of Kenya to deepen its commitment to guarantee respect for all the rights and freedoms under the African Charter including its: articles 2 and 3 on non-discrimination and equality; article 5 on the right to the respect of the dignity inherent in a human being and the right to recognition of legal status; article 14 on the right to property," he said.

Other areas of interest include; article 15 on the right of every individual to work under equitable and satisfactory conditions and to receive equal pay for equal work; article 16 on the right of every individual to enjoy the best attainable state of physical and mental health; and article 17 on the right of every individual to education.

On December 12, during the commemoration of Kenya's 59th Jamhuri Day celebrations, President William Ruto announced that the government will work on modalities to ensure Pemba community in Kilifi acquires Kenyan citizenship.

The Head of State said that his government is determined to kick off a process that will confer citizenship to the Pemba ethnic group who are dominant in the county of Kilifi.

He added that national unity and inclusivity will not be compromised by what he said are historical injustices of the right to citizenship done to marginalized communities contrary to how it is prescribed in the constitution.

"We must continue to resolve injustices of a historical character that have unfairly relegated people to the margins of statelessness when their inalienable rights of citizenship are guaranteed under the Constitution," Ruto said on December 12.

"Our determination to live as one indivisible national family cannot be compromised. Our pursuit of inclusion is irrevocable. The government of Kenya has commenced the process to confer citizenship to the Pemba people living in Kilifi County," he added.

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