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Home , Kwale County, Minority rights, Nationality

“THIS IS our HOME” Stateless minorities and their search for Imagine being told you don’t belong because of the language you speak, the faith you follow, the customs you practice or the colour of your skin. This is the stark reality for many of the world’s stateless. , which can be the root cause of their lack of , also pervades their everyday lives – often with crippling effects. If we want to end , we must address this discrimination. We must insist on equal nationality for all.

Filippo Grandi UNITED HIGH COMMISSIONER FOR

Discrimination. Exclusion. Persecution. These are the informal policies and practices that affect certain groups words that most commonly describe the existence of the world’s disproportionately. Statelessness can exacerbate the exclusion that stateless minorities. More than 75% of the world’s known stateless minorities already face, further limiting their access to education, belong to minority groups.(1) These populations include , legal employment, , development the descendants of migrants, many of whom arrived or who were opportunities and the right to vote. It creates a chasm between displaced to a territory before it gained independence; nomadic affected groups and the wider community, deepening their sense of populations with links to two or more countries; and groups that have being outsiders: of never belonging. Left unaddressed, the protracted f benetton experienced ongoing discrimination despite having lived for exclusion of stateless minorities can build resentment, fear and - in the generations in the place that they consider to be home. most extreme cases - lead to persecution, displacement, instability and insecurity. Discrimination on the basis of ethnicity, race, religion or language is a recurrent cause of statelessness globally. In some cases discrimination In May and June 2017, UNHCR spoke with more than 120 individuals against minorities is prescribed by law: at least 20 countries maintain who belong to stateless, formerly stateless and at-risk minority groups nationality laws in which nationality can be denied or taken away in a in three countries: the Karana of , Roma and other ethnic discriminatory manner.(2) Instances of mass deprivation of nationality minorities in the former Yugoslav Republic of Macedonia, and the on grounds of ethnicity or race have continued to occur in recent Pemba and Makonde of . Drawing on individual testimonies decades. More frequently, discrimination is based on formal or collected during these consultations, this report explains the circumstances that have led to them not being recognized as nationals n developed in cooperation with united colours o

of any country. It shows how statelessness can be passed on from one g generation to the next, with children denied nationality on the basis of n desi (1) This percentage is based on statistics for stateless populations included in UNHCR’s 2016 Global their parents’ national or ethnic origins. It highlights the daily g Trends Report that are known to belong to an ethnic, religious or linguistic minority. It does not indignities and suffering of individuals who are excluded because of account for minority groups that compose a proportion of a known stateless in a country, g campai but do not form the majority of that population. The percentage also does not include the many characteristics that are inherent to their identities – their histories, stateless minority groups for which UNHCR does not have adequate statistical data. their looks, their language, their faith. The findings in this report underscore the critical need for minorities to enjoy the right to (2) See Action 4 of UN High Commissioner for Refugees (UNHCR), Global Action Plan to End the #ibelon Statelessness, 4 November 2014, available at: http://www.refworld.org/docid/545b47d64.html nationality.

2017 UNHCR STATELESSNESS REPORT • 1 KEY FINDINGS These key findings from UNHCR’s consultations in 2017 relate to both causes and impacts of statelessness among the minority groups consulted. They illustrate that

the two can be closely related to each other (e.g., discrimination and lack of documentation

can be both causes and consequences of statelessness).

Discrimination Lack of documentation Poverty Fear

“ tell us “They [the authorities] “The biggest problem is the poverty caused by “They [police] know what we do, where we go. to go back to Mumbai. didn’t explain things to me, my statelessness. A stateless cannot They ask for our I.D.s, when we say But we don’t know Mumbai. they just asked for documents that own . I feel belittled and disgraced we don’t have any, We were born here.” I didn’t have.” by the situation that I am in.” we are arrested and beaten.”

—Nassir Hassan, 48, —Haidar Osmani, 54, —Shaame Hamisi, 55, —Ajnur Demir, 26, Karana community, ethnic Albanian community, Pemba community, Roma community, Madagascar THE Former Yugoslav Republic of Macedonia Kenya THE Former Yugoslav Republic of Macedonia

Discrimination and exclusion of ethnic, religious or Discrimination against the stateless minorities Because of their statelessness and lack of All the groups consulted spoke of their fear for their linguistic minority groups often lies at the heart of consulted manifests itself most clearly in their documentation, the groups consulted are typically physical safety and security on account of being their statelessness. At the same time, their attempts to access documentation needed to prove excluded from accessing legal or sustainable stateless. Some individuals have experienced being statelessness can lead to further discrimination, both their nationality or their entitlement to nationality, employment, or obtaining the kinds of loans or physically persecuted first hand. Others point to in law and in practice. According to those consulted, such as a national (I.D.) or a birth licenses that would allow them to make a decent examples of deliberate profiling by the police, the discriminatory attitudes are apparent in interactions certificate. Lack of such documentary proof can result living. These disadvantages can expose them to those inability to produce documents leading to arrests or with the authorities and their fellow countrymen and in a vicious circle, where authorities refuse to who would take advantage of their vulnerability and the payment of bribes, as well as detention and women. They also report that discrimination degrades recognize an otherwise valid claim to nationality. In inability to challenge exploitative employment attempted deportations by authorities. Being their communities, stopping them from being viewed some cases, minority groups find it impossible to meet arrangements. This marginalization can make it criminalized for a situation that they are unable to as equal human beings, deserving of the same rights the legal requirements necessary to acquire a national difficult for stateless minorities to escape an ongoing remedy has left psychological scars and a sense of and levels of respect. Discrimination also contributes I.D. - typically, proof of having been born in the cycle of poverty. Denied the ability to own their own vulnerability among many. For some, the inability to to poverty and difficulties in accessing education, country of residence to a parent of the same property, some stateless minorities have resorted to even secure a permanent dwelling or to own their health care, and other state services. nationality (e.g., a birth certificate). Even where the registering their assets using other identities (usually own property or assets fundamental to their law specifies that all births on a territory are to be of citizens they know) in order to be able to provide livelihoods has left them in a state of precariousness registered, lack of knowledge of such laws can lead for their , leaving them in a state of insecurity and extreme worry. All parents expressed deep some authorities to deny registration to minority and worry. despair about not having the ability to change the groups viewed as foreigners. Other forms of future for their children. discrimination range from arbitrary refusal to provide or renew documents; hostile treatment; or exploitation by authorities issuing documentation. All of this leads to many having to make repeated appointments, pay onerous fees and wait for unduly long periods of time for a response to their document applications. Most individuals consulted had made multiple attempts to acquire a birth certificate or national I.D. Without any means to prove their nationality or entitlement to citizenship, they are often excluded from benefits such as public health services and social assistance available to citizens.

2 • UNHCR STATELESSNESS REPORT 2017 2017 UNHCR STATELESSNESS REPORT • 3 SOLUTIONS

“we are here, this is our home.”

Bachir Ibrahim, 71 Karana community, Mahajanga, Madagascar

Ensuring equal access to nationality rights for minority groups is one of the key goals of UNHCR’s #IBelong Campaign to End Statelessness by 2024. To achieve this, UNHCR urges all States to take the following steps in line with Actions 1, 2, 4, 7 and 8 of UNHCR’s Global Action Plan to End Statelessness:

n Facilitate the or confirmation of nationality for stateless minority groups resident on the territory, provided that they

were born or have resided there before a particular date, or have f benetton parents or grandparents who meet these criteria.

n Allow children to gain the nationality of the country in which they were born if they would otherwise be stateless.

n Eliminate laws and practices that deny or deprive of nationality on the basis of discriminatory grounds such as race, ethnicity, religion, or linguistic minority .

n Ensure universal birth registration to prevent statelessness. n developed in cooperation with united colours o n Eliminate procedural and practical obstacles to the issuance of g

nationality documentation to those entitled to it under law. n desi g g campai the #ibelon

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Skopje

k e n y a

T H E County F o r m e r y u Mahajanga g o s l a v r e p u b l i c o f m a c e d o n i a In May and June 2017, UNHCR spoke with more than 120 individuals who belong to stateless, formerly stateless or at-risk minority groups in three countries: the Karana of Madagascar, Roma and other ethnic minorities in The former Yugoslav Republic of Macedonia, and the Pemba and the Makonde of Kenya. The consultations enabled UNHCR to better understand the key causes of statelessness of these groups, as well as the impacts of being stateless on their lives.

While there is no reliable data concerning the exact figure of stateless persons globally, UNHCR estimates that there are currently millions of people without any nationality. Many of these people belong to a k e n y a m a d a g a s c a r group that is an ethnic, religious, or linguistic minority in the country in (3) While there is no which they have often lived for generations. They are therefore distinct internationally agreed definition of a minority, from the majority both because they are stateless and because they it is commonly accepted are minorities.(3) This report considers both statelessness status and that a minority is an ethnic, minority status as they relate to each other through people’s lived religious or linguistic group, fewer in number than the experiences. rest of the population, whose members share a 2013 Constitutional Court ruling in the Dominican Republic had a common identity. See, e.g., In some cases a person’s statelessness is caused by explicit exclusion Article 27, international disproportionate impact on persons of Haitian descent born in the from citizenship in the of the country in which they live Covenant on Civil and country, depriving many persons from this of nationality, on the basis of their minority status. For example, the Muslim Rohingya Political Rights. even if the ruling did not expressly target them. Discrimination in

in Myanmar, the largest known stateless group in the world, are (4) Important steps have administrative practices in a number of countries can leave minority excluded from a list of ‘national ethnic groups’, which, according to the been taken to address groups without documentation such as birth certificates and national the situation of Syrian 1982 Citizenship Law, automatically acquire citizenship at birth. They deprived of their I.D.s. Such documentation is vital to proving their entitlement to are unable to acquire Myanmarese nationality because of the nationality in 1962; most nationality, leaving them at risk of statelessness or stateless where the discriminatory way in which the law is drafted and applied in practice. notably, in 2011 Decree 49 discrimination is systematic and persistent. Where minority groups are was promulgated, leading In , in 1962, a special census ordered by decree negatively to the granting of Syrian poorer, less well educated, unable to speak the , live impacted 300,000 Syrian Kurds leaving them stateless (this number nationality to thousands in remote areas or do not have access to avenues for advice or support, (4) of stateless persons from has since been reduced to 160,000). In other situations, the the ethnic Kurdish minority their ability to counter this discrimination, and the resulting exclusion it discrimination is less explicitly linked to minority status. For example, a since then. causes, remains extremely limited.

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The statelessness experienced by certain groups is both a symptom and a cause of their exclusion: it stems from discrimination based on difference, and it reinforces their lack of full membership in the societies they live in, making everyday life much more difficult and solidifying civil and political exclusion. Statelessness is sometimes understood as a technical problem resulting from shortcomings in nationality laws. In many cases, however, the underlying cause of statelessness for minority groups is difference itself.

The modern international rights framework for the protection of minorities is an attempt to recognize and respond to this. Special attention is given to in the International Covenant on Civil and Political Rights, which says in Article 27, “In those States in which ethnic, religious or linguistic minorities exist, persons belonging Following each of the consultations, UNHCR, together with to such minorities shall not be denied the right, in community with the representatives from each of the affected minority communities, met other members of their group, to enjoy their own , to profess with stakeholders from and civil society to highlight key and practise their own religion, or to use their own language.” The UN findings. Minority representatives were also supported to advocate Statelessness Conventions themselves are also part of the international directly with authorities for inclusion of their communities through grant community’s effort to address statelessness globally. of nationality; reforms to prevent childhood statelessness and remedy discriminatory laws; and improvements to policies and administrative This year marks the 25th anniversary of the 1992 Declaration on the practices to ensure unfettered access to and Rights of Persons Belonging to National or Ethnic, Religious and associated documentation. Linguistic Minorities, in which States committed to protect these groups from any form of discrimination. Today the work of the UN includes a The voices of stateless individuals from minority groups featured in this dedicated Forum on Minority Rights under the auspices of the Human report help us understand the complex interplay between being Tina Eric, 22, from the Makonde in Rights Council, a Special Rapporteur on Minority Rights, and regular disadvantaged as a minority and being stateless. With these insights Kwale County, Kenya, resolutions on the subject by the Council and the UN active steps can be taken to remedy the injustice of statelessness and participates in the consultations with General Assembly. The subject of stateless minorities featured at the alleviate the hardships stateless persons experience in their everyday stateless minorities in Forum on Minority Rights for the first time in 2016. lives. June 2017.

8 • UNHCR STATELESSNESS REPORT 2017 2017 UNHCR STATELESSNESS REPORT • 9 The Karana of Madagascar

Mahajanga

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Sougrabay Ibrahim, who is 84 years old and still stateless, has never attended school.

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The Karana minority in generally not given citizenship when Madagascar has been present on the Madagascar won independence from territory of this island for more than a France in 1960 because they were not century. They trace their origins to the considered to be ethnically Malagasy. western provinces of pre-partition , Virtually all the stateless Karana who met particularly to an area that now comprises with UNHCR in 2017 reported having the Indian state of Gujarat and part of attempted to obtain Malagasy citizenship “I am Muslim, southeastern Pakistan. The most significant without success. Some retained lawyers to wave of migration from India to Madagascar assist with the effort and continually but without nationality took place in the latter half of the requested citizenship over several decades nineteenth century, when seafaring trade without receiving any formal reply. An I have never been on the Indian Ocean became more uncertain number of Karana have been able competitive and many people from India to obtain another nationality and resolve able to travel settled in Madagascar, especially on the their statelessness that way. For example, to Mecca.” western coast. There is no reliable data several of those who met with UNHCR had concerning the exact number of obtained French citizenship as a result of a Karana in Madagascar; while program that France has made available to it’s popularly believed that certain residents of former French colonies. “To go to this Indian-origin However, the Karana with French minority numbers citizenship that UNHCR spoke to all remain university you had to some 20,000, the permanent residents of Madagascar who do military service. Without actual figure might consider Madagascar their home. be significantly nationality, I could not do higher. The vast Like stateless people the world over, majority of these stateless Karana in Madagascar are often military service. And so people were born unable to access formal education and in Madagascar opportunities for employment, leaving them I’ve struggled my whole and have spent with little hope of escaping a situation of their entire lives on extreme poverty. Ismael Ramjanali, a senior life without a proper the island. Most live citizen who was stateless until he acquired in urban areas, including French citizenship in 2017, explained that education.” the capital, Antananarivo, for his generation of men, “To go to and the city of Mahajanga on university you had to do military service. the northwest coast. The fact that the Without nationality, I could not do military Karana are predominantly Muslim has service. And so I’ve struggled my whole life contributed to a perception of them as without a proper education.” His mother, outsiders. Sougrabay Ibrahim, who is 84 years old and still stateless, never attended school. She While exact figures are lacking, it is likely remembers going without food so that she that a significant proportion of the Karana in could feed Ismael and his siblings. Madagascar are stateless. This is primarily Although she managed to feed them most because Madagascar’s nationality law days, she couldn’t get them medical follows the principle of attention when they were ill. When people (granting citizenship at birth to children who asked what was wrong with her children, have at least one parent who possesses she had to reply, “They are sick and I have Saguir Ramatoula, 56, Mahajanga, Madagascar. Malagasy nationality), and the Karana were no money to buy them medicine.”

14 • UNHCR STATELESSNESS REPORT 2017 2017 UNHCR STATELESSNESS REPORT • 15 MADAGASCAR | The Karana The Karana | MADAGASCAR

biometric residency “We are here. citizens here?” Aziz’s card. “With my children now also modest salary, it will We are your neighbors. have French take two years to citizenship through pay back the loan” When it rains it rains for him. He notes that he says, adding, like so many Karana “This has been an all of us. When the sun who have managed enormous financial to go abroad to investment, and I still shines it should shine study, they are cannot vote or travel”. unlikely to come back. on us all.” “This is sad. The Frustration with temporary contributions they could residency permits, changing make, the investments we could documentation requirements, and make…my children study in the best exorbitant fees is consistently expressed in universities in the world, but they do not discussions with the Karana. Several want to come back. Why would they come people tell UNHCR that it’s possible to be back to a country in which they have no issued with genuine Malagasy for rights? If they came back they would enrich a fee in order to travel abroad for medical the country, they would invest here, but treatment, but that these documents are they won’t come back. In this way we are confiscated upon return. However, most slowly disappearing over time.” stateless Karana are unable to afford such travel documents. Saguir Ramatoula, a Despite the significant challenges faced softly spoken 56-year-old man, highlights by the stateless Karana in Madagascar, a Aziz Asgaraly from, Mahajanga, Madagascar, helping poor an unusual predicament particular to many recent development is cause for Malagasy children and orphans through Karana community funded projects. To date, many Karana remain unable to access any Karana, “I am Muslim, but without celebration. On 25 January 2017, the nationality. Identity documents issued to them by the State of nationality I have never been able to travel Government promulgated a new law Madagascar, indicate their nationality to be “undefined” meaning, in practice, that they are stateless to Mecca”. He adds, “If we are not guaranteeing the equal right of citizens, Malagasy by birth then who are we? This is regardless of their , to confer our home”. nationality on their children. Now, any child born to a Malagasy mother or father will be The Karana express their sense of identification documents seem to rise Aziz Asgaraly, a 60-year-old retiree who recognized as Malagasy. UNHCR is exclusion. As Nassir Hassan, a middle- constantly. Mahamadhoussen serves as the President of the Association hopeful that the government may take aged Karana woman, puts it, “People tell us Chamimakatomme, a 58-year-old Karana of Kodhja community in Mahajanga, reflects further steps to resolve the statelessness of to go back to Mumbai. But we don’t know woman, explains how she’s spent over 25 the views of many that they deserve the minority groups without nationality; in Mumbai. We were born here.” There is also years seeking Malagasy citizenship. As part citizenship based on their strong ties and addition to the Karana, there are an frustration at the indignities they have to of her recent efforts, she paid a large sum contributions to the communities in which unknown number of persons of Chinese, suffer, including the many administrative for a 100 year “temporary” residency they live. “We run a weekly food Comorian, and mixed descent who are roadblocks that must be navigated to keep permit, only to be told soon afterwards that distribution to children and elderly people stateless in Madagascar. Few can argue their identity documents up-to-date. it was no longer valid unless it was redone on Sundays, and we’ve helped set up a with the words of Bachir Ibrahim, an elderly Families who have been living in with biometrics. “My residence card was school that provides primary and secondary Karana man, who simply but powerfully Madagascar for generations are still thrown in the trash by a civil servant,” she education to the local community. My makes the case for the Karana to have required to obtain residency permits. Rules laments. Ibrahim Ickbal, a 50-year-old has been here for five generations but I’ve equal access to Malagasy nationality: “We change regularly as new forms of father of two who works for a local jeweler, only managed to acquire French are here. We are your neighbors. When it identification, such as biometric recently took out a loan from his employer citizenship, not the citizenship of my rains it rains for all of us. When the sun identification, are introduced, and fees for so that he could afford to buy a new . Why do we not deserve to be shines it should shine on us all.”

16 • UNHCR STATELESSNESS REPORT 2017 2017 UNHCR STATELESSNESS REPORT • 17 The Roma and other ethnic minorities of the former Yugoslav Republic of Macedonia

Skopje

18 • UNHCR STATELESSNESS REPORT 2017 2017 UNHCR STATELESSNESS REPORT • 19 The Roma and other ethnic minorities | THE Former yugoslav republic of macedonia

Mivtar Rustemov, 48 and Lirije Rustemov, 13, Skopje, the Former Yugoslav Republic of Macedonia

“I feel that I belong here, too.”

20 • UNHCR STATELESSNESS REPORT 2017 2017 UNHCR STATELESSNESS REPORT • 21 THE Former yugoslav republic of macedonia | The Roma and other ethnic minorities The Roma and other ethnic minorities | THE F ormer yugoslav republic of macedonia

In an informal settlement made up Macedonia. Roma form the largest group territory of the former Yugoslav Republic of not only in The former Yugoslav Republic of of makeshift homes by the river Vardar, among the ethnic minorities in the country Macedonia at the time of the dissolution Macedonia but across south-eastern Roma children are playing with empty that are stateless or at risk of statelessness. could acquire nationality by applying for Europe. Trapped in a cycle where parents’ plastic bottles. The settlement is referred to Official numbers indicate that there are naturalization within one year. Many missed lack of documentation obstructs the as ‘Pod Kale’, which means “under the 54,000 Roma in the country, although this short window of opportunity, largely registration of their children, they have no fortress” in Macedonian. “We collect unofficial estimates range from 110,000 to due to lack of awareness, often remaining means of proving their entitlement to plastic bottles and make 260,000. The Roma have a unique ethnic unaware of the fact that they were not citizenship. This often results in a 100-200 denars a day (less identity and speak the Romani language in citizens of the State in which they continued combination of poverty and lack of than 4 US Dollars) but we addition to Macedonian, which to live. As Haidar Osmani, a 54-year-old education coupled with poor levels of “This is our cannot save for distinguishes them from the majority ethnic Albanian born in Skopje in 1963, awareness of the procedures and tomorrow. We don’t get Macedonian-speaking population. recounts, “When they [the authorities] were requirements for documentation and homeland... any support from the giving Macedonian citizenship, those who ongoing discrimination. As Sherafedin State”, explains Lasho The statelessness of the Roma and other didn’t know about it, did not apply for it.” As Sejfula, a 54-year-old Roma man explains: we are not from Nasifi, a 24-year-old ethnic minorities is linked, in part, to the a result, many became foreigners in the “Discrimination against the Roma is stateless Roma man. dissolution of the Socialist Federal Republic country in which they were born and had widespread. It is everywhere, in police elsewhere.” of Yugoslavia in the early 1990s. The Law spent most of their lives. stations, hospitals, schools. Everyone has The origins of the Romani on Citizenship of the former Yugoslav priority over you. They [public people can be traced back Republic of Macedonia, enacted in Apart from the consequences of the administration] have an arrogant approach to northern India. During the November 1992, provided that citizens of break-up of the former Yugoslavia, lack of from the start. They always tell you to leave. thirteenth to fifteenth centuries they the predecessor republic automatically birth certificates and other forms of identity But this is our homeland, our grandparents migrated to Europe, including to what is became citizens of the newly created state. documentation significantly affect the Roma were born here, we are not from today The former Yugoslav Republic of Those who were legally residing in the community and their access to nationality, elsewhere.”

Roma children playing at Pod Kale settlement, Skopje, The former Yugoslav Republic of Macedonia.

22 • UNHCR STATELESSNESS REPORT 2017 2017 UNHCR STATELESSNESS REPORT • 23 The Roma and other ethnic minorities | THE F ormer yugoslav republic of macedonia

The lack of documentation not only affects live in Suto, as it is locally known, the only the Roma’s ability to confirm or acquire the one of the ten municipalities in Skopje with citizenship of the former Yugoslav Republic a Roma mayor. Recently, Fatmira learned of Macedonia but also hampers their access that an Albanian man had bought the plot of to education, healthcare, employment, land on which she and her family are social assistance and other basic rights squatting. Ever since, she has been anx­ available to citizens. The main obstacle to iously waiting for the day that the owner obtaining a national I.D., which is key to knocks on her door to show her the docu­ accessing State services, is the requirement ments that entitle him to the piece of land. of permanent legal residency. Most Roma live in informal settlements or unauthorized Those with origins in other former Yugoslav housing arrangements, as they cannot republics are asked to produce documents afford permanent dwellings. Fatmira that certify that they are not nationals of any Mustafa, a mother of four, collects rubbish other successor state to the Socialist from bins for a living. She lives on the edge Federal Republic of Yugoslavia. “The of the northern suburb of Suto Orizari, authorities told me that I had to go to where her little hut without water or Kosovo to get a certificate that I was not a Fatmira Mustafa, 32, Skopje, electricity sits next to piles of rubbish. More citizen of Kosovo. But how could I travel The former Yugoslav Republic of than half of the Roma community of Skopje there without documents?” asks Sutki Macedonia.

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Sokolovski, a 28-year- implications for many they just asked for documents that I don’t children residing on the territory. In practice, old ethnic Albanian “They were Roma, who are have”, he explains, defeated. Roma children are often prevented from man. His mother, who born here, how unable to pay for graduating to the next level and birth abandoned him as a medical insurance Almost all members of the community share certificates are mandatory in order to take child, was from Kosovo can I not get a birth from their own his sentiments that they are not given clear final exams. Mivtar Rustemov, a 48-year-old but he was born in The pockets. Haidar was instructions by the authorities, that they Roma father of seven, has for years been former Yugoslav certificate for my forced to sell his experience arbitrary treatment and that they trying in vain to obtain birth certificates for Republic of Macedonia house after he needed are asked to produce documents they are his six children who were born at home. “I and has lived there his children?” treatment for cancer. For unable to obtain. “I went to the public cannot understand how this is possible. entire life. Sutki’s only the five members of his notary and asked for these documents”, They were born here, how can I not get a document is an I.D. for foreigners, family, he has to cover around Haidar continues, “I even got the notary to birth certificate for my children? I want her which comes without any entitlements to USD 240 per month for health certify that I am who I am. I even had [his daughter Lirije] to have the same health insurance and limits his employment insurance. Without a national I.D. he is not witnesses. When I went back to the opportunities as her friends have.” to the duration of his permit (i.e. one year). entitled to health insurance, social authorities to show them the documents, “With an I.D. for foreigners, no one wants to assistance or sustainable employment. “I they said I didn’t need them and tore them The younger generation feels that they are employ you. We are reduced to poverty”, have made more than 20 formal apart.” Bajramsha Esad, a 42-year-old Roma missing out on opportunities due to their says Haidar Osmani. Poverty, in applications for documents since 1991. I mother who tried to obtain a birth certificate inability to travel outside the country or combination with the inability to access even visited the ’s Office. They for her son, tells us “when the lady at the even to move around freely within it public healthcare, has devastating health [the authorities] didn’t explain things to me, desk saw me she made a face and told me because of targeted I.D. checks by the to leave. They offend us, and often say ‘Get police. “They [police] know what we do, away from here, gypsy.’” This feeling of where we go. They ask for our I.D.s, when Aijnur Demir, 26, and his being shunned due to their ethnicity we say we don’t have any, we are arrested. young family at Pod Kale settlement, Skopje, The resonates strongly within the community. They take us to the police station, beat us former Yugoslav “Every time I show up they are repulsed and threaten us with fines”, explains Republic of Macedonia. because I am Roma”, says Ferdi Bislimi, a 26-year-old Ajnur Demir. Despite the 23-year-old Roma man without any identity younger generations’ wish to escape these documents. daily humiliations, they admit that “our country is dear to us. We need the Unless accompanied by a lawyer or conditions to live here. Everywhere else we supported by a local NGO, the Roma are foreigners. Here we are home.” typically face discriminatory treatment when trying to access public services. The Some of these issues are now being community therefore relies on UNHCR’s addressed. The Working Group on partner organisation, the Macedonian ‘Resolving the Issue of Undocumented Young Lawyers Association, and Roma Persons’ under the auspices of the Ministry NGOs, like Ambrela, in order to obtain birth of Labor and Social Policy has recently certificates and other forms of resumed its work and discussions are documentation as well as to access other ongoing on potential law reforms that would rights, such as education. Due to futile help the Roma access procedures for birth attempts in the past, many Roma are of the and personal name registration. The view that they cannot enroll their children in Ministry of Labor and Social Policy is also school. The national Law on Primary covering the costs of DNA testing for the Education, however, states that every child most vulnerable Roma families to enable has a right to primary education on a birth registration for children born at home non-discriminatory basis. This includes the who lack other evidence to prove their admission of stateless and undocumented family links.

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Kwale County Pemba of Kenya

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Shaame Hamisi, 55, Kwale County, Kenya

“We want to get citizenship. This is our home.”

30 • UNHCR STATELESSNESS REPORT 2017 2017 UNHCR STATELESSNESS REPORT • 31 KENYa | The Pemba The Pemba | KENYA

Azure waters and pearly The second wave of Pemba arrived in things. I must pay rent and fuel money to Pemba have turned to fraudulent means to beaches are the main draws for visitors Kenya between 1963 – 1970, some seeking use my neighbour’s boat. Even if I could get by. Bi Aisha Abdallah, a 45-year-old to the palm-fringed southern coast of economic opportunity, but most fleeing the purchase a boat, I would have to register it mother of six, confesses that when Pemba Kenya. Dhows, traditional Arabian sailing violence resulting from the 1964 Zanzibar in someone else’s name. A stateless person children need to graduate, some Pemba boats known as ‘Jahazi’ in Swahili, can Revolution, which led to the overthrow of cannot own property. I feel belittled and parents have resorted to ‘buying’ Kenyan frequently be seen unfurling their triangular the monarchy of Sultan Jamshid bin disgraced by the situation that I am in.” It is parents who can present national I.D.s to sails against the horizon - iconic reminders Abdullah. Although some from this group not only Shaame who feels distress at being enable the children to take their final of the history of nautical migration between were issued with Kenyan nationality identity excluded. Sixty-six-year-old Mekombo national examinations. Rashid Bakari, an Kenya and its coastal neighbours. However, cards, these were withdrawn under the Abdallah is a Pemba woman of few words, articulate young Pemba man, says that he is life is far from idyllic for stateless repressive regime of President Moi and but when asked how she feels about her fortunate not to be stateless. His father populations that have inhabited this region deportation orders against the Pemba were situation, she quietly says: “I cannot even arrived in from Pemba in 1938, for generations. issued throughout the 1980s and 1990s. eat when I think of my statelessness.” and when asked by the authorities in 1963 Notwithstanding these orders, many Pemba about his ancestry he named the local The Pemba, originating from the Tanzanian took refuge in the Kenyan bush, desperate Omar Kombo, a jovial 48-year-old Pemba Bajuni tribe, among whom the family had island of the same name, arrived in two to remain in the country that they had come man with six young children, also feels been living. “But I am not Bajuni” says major waves of migration to the southern to view as home. It is estimated that there bitter about the inequality he experiences Bakari, “I am a Pemba, and even though I coast of Kenya. The first arrivals came are approximately 3,500 Pemba living in as a result of being stateless. “The majority am not stateless, I want to reclaim my between 1935 – 1940 in Kenya today. of us are fishermen” he says. “The Beach rightful ethnic identity. I want to be a search of better livelihood Management Unit deducts 10 Kenyan Kenyan national, but I also want to be who I opportunities. They Predominantly earning their living through shillings for each kilo of fish that every am.” Omar Kombo faces the same dilemma took advantage of fishing and subsistence farming, the group fisherman on this coast sells. It is supposed and says “unless I change my name to one “The biggest the free movement of 25 stateless Pemba men and women that to issue the dividends to all contributors for from a local Kenyan tribe I will not be that existed UNHCR consulted in Shimoni village were damage done to the boats during the registered as a Kenyan national. But I problem is the between the all pre-independence arrivals or the season. Because we are Pemba we get choose not to change my name or my tribe poverty caused by my islands of Zanzibar, children of such persons, born and raised nothing, even if our boats are broken. We because that is not who I am. I am a Kenyan Pemba and the ‘10 their entire lives in the coastal counties of are forced to participate in this scheme, but of Pemba origin.” statelessness.” Mile Strip,’ an area Kwale and . Shaame Hamisi, a 55-year- all the benefits are given to our brothers stretching from old father of 13 and Chairman of the Pemba with Kenyan nationality.” Suleiman Ali Under the Constitution of Kenya and the Vanga near the Kenya- community, remains stateless and Makame, 40, who comes from the same Kenya Citizenship and Act, Tanzania to Kipini undocumented, despite the fact that his village, recalls a time when he was fishing stateless persons who have lived in Kenya in , and the 10 nautical wife is a Kenyan national and is entitled to and Tanzanian Pemba illegally entered continuously since the date of miles inland from that coastline, all of pass her nationality to him under the law. Kenyan waters. “We were all arrested by the independence (12 December 1963), and which were governed by the then Sultan of Shaame is a fisherman and spends long, Kenyan Coastguard and asked to show our their descendants, can acquire Kenyan Zanzibar, Abdullah bin Khalifa. In 1963, with hot days and starry nights on the Indian identity cards. I could not, despite the fact citizenship by registration. Foreigners who colonial rule drawing to an end in Africa, the Ocean, trying to make a living to feed, that I have lived here my whole life arrived after independence, but Sultan relinquished his control over the 10 clothe and educate his large family. “The and feel that I am Kenyan. I who have lived legally in Mile Strip and the area was included as part biggest problem is the poverty caused by have never set foot on Kenya continuously for of the Kenya Protectorate. It thus became my statelessness” he says. “Because I am Pemba. I don’t know “I have seven years, are also an integral part of Kenya upon the country’s stateless, I cannot get a fishing license. anyone there. I was eligible for Kenyan independence in December 1963. Without a license, I cannot go deep-sea locked up as a criminal never set foot citizenship as long as Notwithstanding the long presence of the fishing where the best catch can be found. I with all the others.” certain conditions are Pemba on the Kenyan coast, or the fact that cannot afford my own boat, which costs on Pemba. I don’t met. Accordingly, all of most had lost their ties with the island of 300,000 Kenyan shillings (approximately To escape the the Pemba and their Pemba over time, these first arrivals and 300 US Dollars), or the equipment to fish disadvantage inherent know anyone children with whom their descendants have never been well. Without a Kenyan national I.D., I’m not in not being recognized UNHCR consulted recognized as Kenyan citizens. eligible for bank loans to purchase those as Kenyan, some of the there.” should be able to acquire

32 • UNHCR STATELESSNESS REPORT 2017 2017 UNHCR STATELESSNESS REPORT • 33 KENYa | The Pemba

“I want to be a Kenyan national, but I also want to be who I am.”

Kenyan citizenship. However, an inability to the Kenyan Coast, as Kenyan nationals, meet evidentiary requirements of proof of waiving certain evidentiary requirements arrival or date of birth in the country, as well and issuing national identity cards and late as a lack of adequate Government birth certificates to eligible members of the infrastructure to implement citizenship by community. The Government has also registration, has left some eligible stateless extended the deadline by which stateless groups, such as the Pemba, without a persons present in the country since solution. For some, like 90 year-old Pemba independence and their descendants can woman Moboje Musa, this has meant register for nationality from August 2016 to almost a century of exclusion. “I’m old August 2019, signaling an awareness of the enough to have great, great grandchildren, ongoing nature of the problem and a but I am still stateless,” she says. willingness to address it. Members of the Pemba community are mobilizing, together However, there are signs that this situation with local NGOs such as the Mombasa- may change. In December 2016, the Kenyan based Haki Centre and UNHCR, to Omar Kombo, 48, and Government recognized the stateless advocate for their recognition as Kenyan some of his children, Kwale County, Kenya. Makonde, another living on nationals.

34 • UNHCR STATELESSNESS REPORT 2017 2017 UNHCR STATELESSNESS REPORT • 35 Kwale County

The Makonde of Kenya

36 • UNHCR STATELESSNESS REPORT 2017 2017 UNHCR STATELESSNESS REPORT • 37 KENYa | The Makonde

Amina Kassim, 51, Kwale County, Kenya

“I felt like I was a slave. Now I feel like I have been born again.”

38 • UNHCR STATELESSNESS REPORT 2017 2017 UNHCR STATELESSNESS REPORT • 39 KENYA | The Makonde The Makonde | KENYA

“I felt like I was a slave. Now I feel freedom fighters and refugees from the like I have been born again,” says Amina Mozambican civil war. Despite most being Kassim, a beaming 51-year-old Makonde resident in Kenya since its independence in woman, who describes what it feels like to December 1963, they were not recognized have acquired Kenyan nationality and as citizens or included in any of the documentation after living as a stateless population registration databases. A 2009 person for five decades. Happiness and national census report simply classified new-found confidence also shine on the them as ‘others’. faces and through the voices of the 30 other members of the Makonde tribe that Tina Eric, a bright 22-year-old Makonde UNHCR consulted in in the coastal woman, recounts a painful memory: “One of county of Kwale. Julieta Simenya, a 76-year- my teachers in school singled me out one old, whose cheeks are patterned with day and told the class that I was a Makonde. distinctive tattoos traditional to Makonde ‘Those are the ones that eat snakes’ she culture, once spent days hiding with her said. I was ridiculed after that. Even those baby in the jungle when the Makonde were who I thought were my friends did not fully being arrested because they accept me.” Valerian Korneryu, 59 years old, lacked national I.D.s. “We are remembers the days of constant very happy now” she harassment by authorities: “During Moi’s “It means says, “Now we have no regime, I was threatened at gunpoint by the fear. Now village chiefs police. They arrested me in Ukunda and a lot to be as from other made me take off my shoes. ‘You are not a Thomas Nguli, 60, Kwale County, Kenya. acknowledge us, Kenyan worthy of wearing Kenyan shoes’ a Kenyan for the greet us, and even they said.” Thomas Nguli, the respected invite us to their 60-year-old Chairman of the Makonde Thomas, “but they would come and arrest Tina’s brother, a brilliant student, be first time meetings!” community, confirms how these us, saying that we did not have a license to adopted by a Kenyan family just so that he in 55 years.” discriminatory attitudes, present even at the access the area. It was a public beach! Still, could go to high school. Makonde adults The Makonde in Kenya are highest levels of government, degraded we paid middlemen who would give us were excluded from accessing financial an ethnic tribe estimated to and excluded the community, stopping permits, but then they would run and tell the services such as micro-loans granted to be around 4,000 in number who them from being viewed as fellow human police who would come and confiscate our women’s groups to set up bee-keeping and trace their origins to northern Mozambique. beings, deserving of respect: “A certain meagre earnings.” John Hamisi, 48 years tailoring businesses or tea-shops. Amina The consultations with members of the political leader was asked how he viewed old, paid for a fake national I.D. to take a job Kassim laments that “before I got my Makonde community, who were recognized the Makonde and he shamelessly at a safari camp, but was still paid less than national I.D., I lived a debilitating life. I could as citizens of Kenya in October 2016 after responded to the crowd that he saw us as half the 18,000 Kenyan Shilling (170 US not engage in any meaningful business. I living in the country in a protracted situation cannibals – people who ate other people! Dollars) monthly salary because he was a traded petty things, like Swahili buns. You of statelessness, examined whether they After that, what hope did we have?” Makonde. When his fraud was discovered, don’t need a permit to sell them.” Her had experienced any positive changes he was immediately fired. “I felt like friend, 44-year-old Khadija Lucas, agrees, since being recognized. Indeed, for a long time hope for the committing suicide, because even the little saying “I had no capital. I could not join Makonde was in short supply. Talented that I was earning was no more.” women’s groups. With an I.D. you can The community is mostly made up of artists, the Makonde’s intricate ebony borrow up to 100,000 Kenyan Shillings labourers who were recruited by the British carvings have long been prized as Without citizenship or identification (1,000 US Dollars) to start a business.” The during the colonial period to work on sisal souvenirs by wealthy tourists. But until documents such as national I.D.s or birth ability to buy property, access health farms and sugar plantations across Kenya’s recently, their lack of citizenship meant that certificates, Makonde children were held services or travel documents was also coastal counties of Kwale and Kilifi and in they were frequently cheated of earning a back from graduating from school or being non-existent. And all felt the sharp sting of the hills of Taita Taveta. Other Makonde in fair income for their labour. “We were the considered for scholarships. Tina Eric being unable to buy something as simple Kenya are the descendants of exiled first carvers to sell on the beach” says explains how her heartbroken parents let and necessary as a mobile phone.

40 • UNHCR STATELESSNESS REPORT 2017 2017 UNHCR STATELESSNESS REPORT • 41 KENYA | The Makonde The Makonde | KENYA

Although in the past the Makonde in Kenya Registration Bureau, Kenya National Bureau Kwale to to the National Youth have, at various times, been invited to vote of Statistics, the Affairs Secretariat, personally request The President Service to undertake by both the Mozambican and Kenyan Civil Registration Services and the National President major projects in their respective general Intelligence Services, with assistance from Kenyatta to officially recognized under the country’s elections, they have never been accorded UNHCR, began gathering case data and recognize them national the status of citizens by either of them. The information about the Makonde and other as Kenyan the Makonde as the development plan. acquisition of Kenyan nationality by the stateless groups in Kenya such as the citizens. On 13 43rd tribe of John Hamisi’s spirits Makonde in October 2016 marked the end Pemba. In November 2015, the Taskforce October 2016, are soaring. He is of a protracted struggle. In 2015, after completed a report with recommendations moved by the plight Kenya. happy now that “we decades of lobbying, the Makonde to register and naturalize stateless groups and efforts of the have our people community successfully petitioned in the country. Makonde, and involved in Government President Uhuru Kenyatta to review their determined to resolve their services. Some of us have case. In response, he called for the Frustrated by delays in implementing the situation, President Kenyatta joined the police service. Some of formation of an inter-departmental taskforce recommendations, in October 2016, apologized, saying “it has taken too long to us are even working in security with the to look into statelessness in the country. hundreds of Makonde, young and old, give you justice as fellow Kenyans. Today is General Service Unit. It feels good to stand The multi-agency Taskforce, which includes supported by local civil society groups such the last day you will be called visitors.” He up and speak in my mother tongue like any the Directorate of Immigration and as the Kenya Human Rights Commission, issued a directive to give effect to other Kenyan without being marginalized.” Registration of Persons, the National took part in a now legendary march from provisions in the Kenya Citizenship and Others are enrolled in the ‘Inua Jamii’ or Immigration Act (2011) that give stateless ‘Uplift the Community’ programme that persons resident in the country since remits monthly cash payments by mobile Kenya’s independence in 1963 (and their phone, now easily bought, to support the descendants), the right to be registered as livelihoods of those who are poor, elderly or Kenyan nationals. The President also disabled. Older Makonde in Mombasa have officially recognized the Makonde as the been subscribed into the National Hospital 43rd tribe of Kenya, cementing the claim of Insurance Fund, helping those suffering future generations of Makonde to be from diabetes and high blood pressure. recognized as citizens. Tina Eric’s brother is now 18 and has a Almost six months on, more than 1,500 Kenyan National I.D., which has allowed to Makonde have been granted Kenyan him to win a scholarship to study at a citizenship. One thousand two hundred medical training college. She is also looking Makonde have been issued with national for a good job that will help to “build the I.D.s and 2,000 have been given birth nation”. Amina Kassim is looking forward to certificates. In the process, the Government receiving a to fulfil a lifelong waived onerous requirements, such as dream to travel to India. Thomas Nguli has showing evidence of having continuously already bought land and is processing his lived in Kenya since 1963, as well as the title deed. Maria Vaz is looking forward to application fee of 2,000 Kenya Shillings the general elections: “It means a lot to be (20 US Dollars). voting as a Kenyan citizen for the first time in 55 years” she says. For the 22 members In the short time since the President’s of the Makonde Dancers troupe, it is an directive, the positive impacts of being opportunity to register their group as a recognized as citizens are being felt by the business, to share their culture through their community. Makonde youth have been performances and earn a decent living. “We Maria Vaz, 55, Kwale County, Kenya. recruited as police and military officers and feel good” says 33-year-old Twi Hamisi, one 200 places have been reserved for them in of the dancers, “now, we are free”.

42 • UNHCR STATELESSNESS REPORT 2017 2017 UNHCR STATELESSNESS REPORT • 43 SOLUTIONS

“Our country is dear to us. We need the conditions to be able to live here.”

“Why are we treated as foreigners and even asked to request visas to stay in our home?”

“Everywhere else we are foreigners. Here we are at home.”

These were the most frequently articulated sentiments to emerge from UNHCR’s consultations with stateless minorities in 2017. The strongest message to come out of the discussions is that stateless minorities feel that they belong to the countries in which they have lived for generations as much as citizens of those countries do, and they seek the full recognition and participation in society that comes with citizenship.

None of the minority groups consulted had chosen to be stateless. Many were frustrated with the indignities they had lived through in trying to obtain identity documentation and citizenship for themselves “this is our homeland.” and their children, and a number continue to be caught up in financially and psychologically draining quests for nationality. As Ismael Ramjanali from the Karana community put it: “You only feel peace if you have citizenship. Without nationality, the insecurity takes up a lot of energy.” The exclusion that stateless minority groups endure takes a heavy toll on them, but is also a potential loss for the communities in which they live. This was the view taken, for example, by the Bangladeshi High Court in 2008 when it handed down a path-breaking decision recognizing the stateless minority Urdu speakers as nationals of Bangladesh. The Court observed that: “By keeping the question of citizenship unresolved on wrong assumptions Hatibu Bakari, 41, Pemba community, Kwale County, over decades, this nation has not gained anything – but rather was Kenya. deprived of the contribution they could have made in nation building.”

44 • UNHCR STATELESSNESS REPORT 2017 2017 UNHCR STATELESSNESS REPORT • 45 SOLUTIONS SOLUTIONS

The principle of non-discrimination Discrimination, and the Convention on the UNHCR urges all States to take the persons entitled to it who belong to minority is part of , and numerous Elimination of all Forms of Discrimination following steps in line with Actions 1, 2, 4, 7 hill tribes. The Government of Kenya has human rights instruments contain provisions against Women, among others. Article 9 of and 8 of UNHCR’s Global Action Plan to resolved the protracted statelessness of the enshrining the right to nationality and the the 1961 Convention on the Reduction of End Statelessness: Makonde people, including them as the 43rd right to equality. The Universal Declaration Statelessness specifies that “A Contracting tribe of Kenya. The Government of n Facilitate the naturalization or of Human Rights proclaims in Article 15 that State may not deprive any person or group Malaysia has adopted a “Malaysian Indian confirmation of nationality for stateless “Everyone has the right to a nationality” and of persons of their nationality on racial, Blueprint” with nationality solutions for its minority groups resident on the territory, “No one shall be arbitrarily deprived of his ethnic, religious or political grounds.” The population of Indian descent, thousands of provided that they were born or have nationality nor the right to change his Declaration on the Rights of Persons whom have had Malaysian nationality resided there before a particular date, or nationality”. The International Covenant on Belonging to National, Ethnic, Religious and confirmed in the last several years. Some have parents or grandparents who meet Civil and Political Rights specifies in Article Linguistic Minorities adopted 25 years ago governments have strengthened these criteria. 24 that “Every child has the right to acquire committed States to take measures to safeguards against childhood statelessness, a nationality” and in Article 26 that “All ensure that persons belonging to minorities n Allow children to gain the nationality of including , and Tajikistan. persons are equal before the law may exercise fully all of their human rights the country in which they were born if And the international community has and are entitled without and fundamental freedoms without any they would otherwise be stateless. indicated its resolve to achieve universal discrimination to the discrimination and in full equality before the birth registration, and thereby help to n Eliminate laws and practices that deny or equal protection of law. Most recently, the Sustainable prevent statelessness through the adoption deprive persons of nationality on the the law. In this Development Agenda adopted by the UN of the 2030 Sustainable Development basis of discriminatory grounds such as respect the law General Assembly in 2015 reflects the Agenda. race, ethnicity, religion, or linguistic “You only shall prohibit any international community’s determination to minority status. feel peace if you have discrimination “leave no one behind”, and commits States More needs to be done to end and guarantee to to ensure “legal identity for all, including n Ensure universal birth registration to discrimination and ensure that all minority citizenship.” all persons equal birth registration, by 2030” (Target 16.9). prevent statelessness. groups enjoy the right to a nationality and and effective all that flows from it. Stateless minorities are n Eliminate procedural and practical protection against In almost all cases of statelessness, the best only seeking the same opportunities that all obstacles to the issuance of nationality discrimination on any solution is for persons to be given the citizens enjoy. When they are excluded it is documentation to those entitled to it ground such as race, nationality of the country with which they not only they who suffer, as exclusion and under law. colour, sex, language, have the strongest ties. It is vital that this is marginalization have negative development religion, political or other opinion, achieved as early as possible in individuals’ Since UNHCR launched its #IBelong consequences for all of society. When national or social origin, property, birth or lives so that they are able to benefit from Campaign to End Statelessness in 2014, a stateless minorities are recognized as other status.” education and other opportunities that can number of States have made important citizens, the benefits are clear. In the words pass people by if they lack nationality. strides in line with the recommendations of Julietta Simenya, a Makonde elder, There are likewise provisions on the right to Ensuring equal access to nationality rights above. The Government of Thailand has formerly statelessness and now recognised nationality and non-discrimination in the for minority groups is one of the key goals proclaimed a national policy of zero as a citizen of Kenya: “Now we are happy. Convention on the Rights of the Child, the of UNHCR’s #IBelong Campaign to End statelessness by 2024 and has confirmed Now we have no fear. Now with citizenship, Convention on the Elimination of Racial Statelessness by 2024. To achieve this, the nationality of tens of thousands of future generations will be okay.”

“Now with citizenship, future generations will be okay.”

46 • UNHCR STATELESSNESS REPORT 2017 2017 UNHCR STATELESSNESS REPORT • 47 UNHCR would like to express its gratitude to the individuals who participated in the consultations that formed the basis for this report. Participants’ tenacity in their ongoing struggle to be recognised as citizens inspired all members of the research team immensely. UNHCR’s ongoing work to reduce and prevent statelessness will benefit from the invaluable information and insights shared.

In order to protect identities, the names of some of the individuals referred to in this report have been changed.

The boundaries and names shown and the designations used on the maps in this report do not imply official endorsement or acceptance by the .

Cover photo: Julieta Simenya, 76, Makonde community, Kwale County, Kenya.

All photos in this report: © UNHCR / Roger Arnold.

48 • UNHCR STATELESSNESS REPORT 2017 Published by UNHCR Division of International Protection

November 2017

For information about how to get involved and support the #IBelong Campaign, please visit: www.unhcr.org/ibelong ned and printed by unhcr g desi