| dc.description.abstract | The focus on the study of minorities has not only attracted international and national desire to create peace and stability but the notion has brought about the need to address the moral concerns and rights governing the Nubian minority group. The current problem being faced is on how best to define minorities and extend protection towards this group at both national law level and international laws perspective. There is a need to safeguard the rights of minorities by ensuring that discrimination and violations of their basic human rights are prevented by putting measures in place that will protect and extend to the group fundamental equal rights. The problem at hand is on implementation of laws on protection of minorities in national laws especially in the Constitution of Kenya. There is a need to understand the grievances facing Nubians as a minority group and see whether there are any laws in motion that would address the plight of Nubians in Kenya.
The Government of Kenya has actively ignored the plight of Nubians in Kenya. One of the biggest causes of structural violence among this minority group comes from the failure of the government to give Nubians citizenship and ownership of Kibera in the form of a title deed. The ongoing structural violence being orchestrated on Nubians has taken over four decades and yet the government has shown reluctance to address their concerns. The legal system in Kenya has failed to address minority rights concerns however there are international legal frameworks which have been effective in providing a voice for minority groups. International laws and declarations on minority protection have therefore become important.
The research deployed inductive method to collect data. Survey research method of data collection was used. Data collection was done in the form of interviews and content analysis on the Nubian situation in Kenya. The research relied on both primary and secondary sources of data collection. Secondary sources were collected from publications and journals which highlighted the key issues facing Nubians in Kenya. Secondary sources of data collection acted as a support for the primary, data which was collected in the form of structured focused interviews with the Nubian community. This method was preferred as it gave the respondents liberty to express their own definition of the situation in question.
From the findings of the Nubian history and situation in Kenya, the Government of Kenya is seen to playa big role in the current Nubian situation. Nubians are not being regarded as Kenyan citizens. They are being regarded as de facto stateless people. The Government of -Kenya has failed to give them access to freedoms and basic human rights as stipulated in the Kenyan constitution. Nubians believe they are as much citizens of Kenya as the rest of the population is and they believe they have a right to the land in Kibera which they regard as their ancestral home. In terms of their recognition as a minority group, the government has failed to recognize them as citizens.
The desire for peace on both the national and international level will need to take into account the need to extend protection to minorities. The Nubian community have faced over four decades of structural violence. Structural violence has proved to not only be the theoretical underpinning of Nubians but this violence can trigger violent action if not addressed on time. The community has failed to be recognized as a Kenyan community. There is need for Kenyan national laws that would provide legal protection for not only Nubians but minorities as a whole in Kenya. On an international law perspective, proper measures need to be taken to promote states to safeguard and promote the protection of national minorities. | en_US |
