UN Commission on Human Rights, 59th Session

2 April 2003

Joint Oral Intervention by: African Society of International and Comparative Law and Minority Rights Group International

Madam Chairperson, Distinguished Delegates,

We wish to draw the attention of the Commission to two issues viz. 1). the situation of the Nubians in Kenya and, 2). the armed conflict in Darfur (Sudan).

The Nubian community, which includes over 100,000 individuals is one of Kenya’s most invisible and underrepresented communities at all the economic, social, political and cultural levels. They have been silent victims of gross violations of human rights over the century long period since they landed in the country. Although the Nubians should be considered as Kenyan citizens under the prevailing laws, the overwhelming majority of them live as de facto stateless persons without adequate legal protection. They are systematically denied their right to Kenyan citizenship and to own land, which are only few examples of a plethora of other discriminatory practices against them.

By way of background the Nubians are aboriginals of the Nuba Mountains in the central part of Sudan. They were forcefully conscripted into the British colonial army when their country of origin was under British colonial rule. Their presence in Kenya dates back to the days of British expeditions of colonizing the East African region at the beginning of last century. At the dawn of Kenya’s independence in 1963, the British left without any plan as to the resettlement of the Nubians in Kenya or their repatriation to their home country. Nor have successive Kenyan governments undertaken concrete measures to change the status quo. In 1939, the Nubians sought to be repatriated back to Sudan, but the British rejected this request on the ground that the Government of Sudan would not accept such a demand. The irony of this argument is that at the time Sudan itself was a British colony. This decision ruled out that the Nubians were to be given any choice at all but to remain in Kenya in perpetual misery thus causing one of the growing living tragedies of our age. This is because the forced migration of the Nubians from their home country continued to produce its victims ad infinitum, long after the active stage of the initial relocation. Left behind in an alien land without sound legal protection, inexperienced and literally uneducated, the Nubians and their descendants have continued to be collectively neglected and vilified.

In recent years there has been an escalation of sectarian violence against them especially at times of elections. The last incident took place in Kibera (Nairobi) in November 2001 when at least 15 Nubians were killed by rival groups over rent disputes. As the first step in the right direction we request the Government of Kenya to start a dialogue with the community targeting solution of their problems especially their demands for Kenyan citizenship and the right to own property.

We welcome the report of Mr. Gerhart Baum, the UN Special Rapporteur on the Situation of Human Rights in the Sudan (E/CN.4/2003/42) before this session of the Commission as it reflects the factual situation in the country. We especially share his vision on the importance of placing human rights at the heart of the ongoing peace talks. We strongly encourage the Commission to consider renewing his mandate to enable him continue his important work.

In his report the Special Rapporteur referred to the situation in Darfur region in western Sudan and indicated that the main issue of his concern is the establishment of special courts in the region. In our opinion the main concern in this region should be the state of lawlessness and the government’s failure to protect the people of the region. An important element is the government sponsorship of tribal conflicts that pit the pastoralist tribes against the indigenous peasant tribes. For more than two decades the Darfur region, which is one of the most isolated and arid regions in Africa, has been facing a concerted campaign of destruction of life and property calculated to displace the original inhabitants from their homes and clear the way for others to settle in their place. The situation has currently degenerated into organised armed resistance by the indigenous people against the government in the Jabal Mara massive and the northern parts of the region. A new armed group known as the Sudan Liberation Movement issued a political manifesto on 13th March 2003 and entered into clashes with the government army in earnest. Information we received confirmed that initial negotiations have collapsed and the government started large-scale military operations to end the crisis in a densely populated area. We call on the government to avoid military confrontation and find a peaceful solution of the crisis. A catalogue of atrocities that led to the current situation is documented in the NGO written statement (E/CN.4/2003/NGO/188).

Thank you, Madam Chairperson, for your attention.