Social Science Research Council

This article is part of a debate organized by Oxford Transitional Justice Research (OTJR) in collaboration with Moi University (Eldoret) and Pambazuka News. A selection of essays based on this debate will be published in an edited volume by Fahamu Books. For PDF documents of the debate please go to www.csls.ox.ac.uk/otjr.php.

The debates over transitional justice in Kenya have been largely silent on the issue of the Truth, Justice and Reconciliation Commission (TJRC). It is evident that beyond the initial commentary at the TJRC’s inception – when the appointment of some commissioners was vigorously queried – much of the attention has focused on possible prosecution of key perpetrators either in The Hague or by the Special Tribunal for Kenya.

There are two ways to kill in human community: you can kill a human being or you can kill the citizen. The first is biological; the second is sociological but no less real. The former is called homicide; the latter is civicide. Both are wrong, unlawful, and criminal. In addition, civicide is an egregious act of abuse of power.

“Give us our identity cards and we hand over our Kalashnikovs”, said the leader of the rebel forces in Côte d’Ivoire. Those who have never been deprived of official papers may find it hard to imagine the powerlessness that results: powerlessness that can and does lead people to take up arms. Even in the poorest countries, a passport or identity card does not just provide the right to travel, but forms the basis of the right to almost everything else.

Article 15 of the Universal Declaration of Human Rights (UDHR) says “[e]veryone has the right to a nationality” and that “[n]o one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality”. Most articles of the UDHR are considered customary international human rights law. The right to citizenship/nationality is clearly stated. So why is there a global, and particularly African, problem with statelessness?