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The Phenomenon of Statelessness and Human Rights in Africa

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The Phenomenon of Statelessness and Human Rights in Africa UNIVERSITY OF NAIROBI INSTITUTE OF DIPLOMACY AND INTERNATIONAL STUDIES (IDIS) THE PHENOMENON OF STATELESSNESS AND THE HUMAN RIGHTS DISCOURSE IN 21ST CENTURY AFRICA: A COMPARATIVE ASSESSMENT OF KENYA AND COTE D’IVOIRE EXPERIENCES BY EDITH BLESSING MUTEERWA R50/11258/2018 RESEARCH PROJECT SUBMITTED TO THE INSTITUTE OF DIPLOMACY AND INTERNATIONAL STUDIES (IDIS) IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF THE DEGREE OF MASTER OF ART IN INTERNATIONAL STUDIES OF THE UNIVERSITY OF NAIROBI DECEMBER 2020 DECLARATION Student Declaration I do declare that this research project is my own original work and has not been presented for any kind of academic award. Signature: ___________________________ Date: __________________ Edith Blessing Muteerwa Registration No. R50/11258/2018 University Supervisor Name: Dr. Mumo Nzau Institute of Diplomacy and International Studies, University of Nairobi Signature: _____________________________ Date: ___________________ i ACKNOWLEDGEMENT To God the Almighty glory be to thee for making this a dream come true. For the development and production of this project I am indebted to the following people: My supervisor Doctor Mumo Nzau who helped me realize and unlock my potential. Thank you Doctor Nzau for your relentless guidance and support which helped me shape my destiny. Your guidance made me a better and more thoughtful person. This research would have not been possible without your supervision. My colleagues at Nairobi University, Masters in International Studies Class of 2020 and friends, your support and inspiration is much appreciated. To the respondents of the research questionnaires and interviews, your cooperation and inputs made this research a success. My father Fanuel, and my late mom Diana, thank you for the upbringing you gave me. I am so much of what I learned from you mom and dad, thank you. My dear husband and best friend Tawanda, thank you for believing in me. You have been my support and advisor throughout my studies. You are always my pillar of strength who always gives me courage to pursue my dreams hence, I dedicate my achievements to you. To my three wonderful children Atidaishe, Mitchell and Tavonga, I also dedicate this research to you in compensation to all the time I could not spend with you due to the demands of my studies. I hope this research will give you some inspiration to aim higher in life. ii TABLE OF CONTENTS DECLARATION ........................................................................................................................ i ACKNOWLEDGEMENT ......................................................................................................... ii LIST OF TABLES ..................................................................................................................... v LIST OF FIGURES .................................................................................................................. vi LIST OF ACRONYMS ........................................................................................................... vii ABSTRACT ............................................................................................................................viii CHAPTER ONE: INTRODUCTION ................................................................................... 1 1.1 Background of the Study ..................................................................................................... 1 1.2 Problem Statement ............................................................................................................... 5 1.3 Research Questions .............................................................................................................. 8 1.4 Research Objectives ............................................................................................................. 8 1.5 Justification of the Study .................................................................................................... 9 1.6 Scope and Limitations of the Study ................................................................................... 10 1.7 Literature Review............................................................................................................... 10 1.7.1 The Statelessness – Human Rights Nexus Discourse in the 21st Century International System ..................................................................................................... 11 1.7.2 The Phenomenon of Statelessness and Human Rights in Africa ......................... 20 1.7.3 Statelessness and Human Rights in Kenya and Cote d’Ivoire ............................. 28 1.7.4 The Research Gaps .............................................................................................. 38 1.8 Theoretical Framework ................................................................................................. 39 1.9 Study Hypotheses.......................................................................................................... 40 1.10 Methodology ................................................................................................................ 40 2.0 CHAPTER TWO: AN ASSESSMENT OF THE STATELESSNESS - HUMAN RIGHTS NEXUS DISCOURSE IN THE 21ST CENTURY INTERNATIONAL SYSTEM ................................................................................................................................. 48 3.0 CHAPTER THREE: AN EVALUATION OF THE INFLUENCE OF THE PHENOMENON OF STATELESSNESS ON HUMAN RIGHTS IN AFRICA ............. 60 iii 4.0 CHAPTER FOUR: A CRITICAL COMPARISON OF THE INFLUENCE OF THE PHENOMENON OF STATELESSNESS ON HUMAN RIGHTS IN KENYA AND COTE D’IVOIRE .................................................................................................................. 73 4.1 Demographic profiles of Stateless Persons in Kenya and Cote d’Ivoire ...................... 73 4.2 Access to Identity Documentation by Stateless Persons .............................................. 78 4.3 Status on mobility and political engagement ................................................................ 80 4.4 Awareness programs on statelessness ........................................................................... 82 5.0 CHAPTER FIVE: SUMMARY OF FINDINGS, CONCLUSIONS AND RECOMMENDATIONS ....................................................................................................... 85 5.1 Introduction ................................................................................................................... 85 5.2 Summary of Findings .................................................................................................... 85 5.3 Conclusion .................................................................................................................... 88 5.4 Recommendations ......................................................................................................... 90 REFERENCES ....................................................................................................................... 94 APPENDICES ...................................................................................................................... 114 Appendix A: Questionnaire for stateless communities in Kenya/ Cote d’Ivoire ................... 115 Appendix B: Interview Questions .......................................................................................... 120 Appendix C: Interview Questions .......................................................................................... 124 Appendix D: Research License .............................................................................................. 128 Appendix E: Introductory Letter from the University ........................................................... 130 Appendix F: Plagiarism ......................................................................................................... 131 iv LIST OF TABLES Table 1: Statelessness in the E.U: 2014-2018 Table 2: African countries with over 10 000 stateless persons Table 3: Top ten countries with highest reported stateless populations in the world Table 4: Respondents basic information Table 4.1 Employment and means of livelihood for stateless people in Kenya and Cote d’Ivoire v LIST OF FIGURES Figure 1: Stateless Population in Sub-Saharan Africa Figure 2: Access to Identity Documentation Figure 3: Status on mobility and political engagement Figure 4: Awareness programs on statelessness vi LIST OF ACRONYMS COI Commission of Inquiry CCPR Covenant on Civil and Political Rights CEDAW Convention on Elimination of All Forms of Discrimination against Women CRC Convention on the Rights of the Child ECOWAS Economic Community of West African States EMN Network European Migration ENS European Network Society EU European Union FFM Fact-Finding Mission ISI Institute on Statelessness and Inclusion KHRC Kenya Human Rights Commission NGOs Non-Governmental Organizations NIIMS National Integrated Identity Management System OHCHR Office of the High Commissioner for Human Rights UDHR Universal Declaration of Human Rights UK United Kingdom UN United Nations UNHCR United Nations High Commission for Refugees vii ABSTRACT The rising cases of stateless population worldwide and on the African continent particularly in the 21st century is a cause of concern within the international system. The phenomenon of statelessness is reported to be scattered throughout the world and has long been infringing on people’s rights to decency and justice. Despite the many awareness programs aimed
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