CEDAW Concluding Observations: Kenya, 2017

Published: 17/Nov/2017
Source: UN Committee on the Elimination of all forms of Discrimination Against Women




32. The Committee commends the State party on its decision to issue identity cards and title deeds to the Makonde and Nubian Peoples, and takes note of its declared intention to do the same for other stateless peoples such as the Pemba and Warundi. However, it remains concerned that many women and girls in the State party currently are stateless or face challenges in the enjoyment of their right to nationality including that:

(a)  Asylum seeking and stateless women who marry Kenyan men face difficulties in obtaining citizenship for themselves and their children;

(b)  Customary marriages need to be registered in order for an applicant to obtain a passport;

(c)  Many women, particularly rural women, face difficulties in obtaining official documents.

33. The Committee recommends that the State party:

(a)   In line with the Committee’s general recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, ensure that all refugee and stateless women married to Kenyan nationals may obtain citizenship and confer it to their children, without administrative barriers;

(b)   Issue identity cards and title deeds to stateless persons in the State party, including, the Pemba and Warundi Peoples as well as all children born in Kenya to British Overseas citizens;

(c)   Facilitate the provision of official documents and registration of marriages, particularly in rural areas, including through increased resources, technological capacity, and geographical spread of Huduma centres;

(d)   Ratify the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.

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Themes: International standards, Discrimination, Gender, ID Documents and Passports, Statelessness
Regions: Kenya
Year: 2017