CENTRE FOR MIGRATION STUDIES MIGRATION IDENTITY AND LAND RIGHTS: A CASE STUDY OF THE NUBIANS FATUMA AHMED MOHAMED THIS THESIS IS SUBMITTED TO THE UNIVERSITY OF GHANA, LEGON, IN PARTIAL FULFILMENT OF THE REQUIREMENT FOR THE AWARD DOCTOR OF PHILOSOPHY DEGREE UNIVERSITY OF GHANA LEGON CENTRE FOR MIGRATION STUDIES MIGRATION IDENTITY AND LAND RIGHTS: A CASE STUDY OF THE NUBIANS IN KIBRA NAIROBI KENYA BY FATUMA AHMED MOHAMED (10435607) THIS THESIS IS SUBMITTED TO THE UNIVERSITY OF GHANA, LEGON, IN RTIAL FULFILMENT OF THE REQUIREMENT FOR THE AWARD DOCTOR OF PHILOSOPHY DEGREE MIGRATION STUDIES JULY, 2019 MIGRATION IDENTITY AND LAND RIGHTS: A CASE STUDY OF THE NUBIANS THIS THESIS IS SUBMITTED TO THE UNIVERSITY OF GHANA, LEGON, IN RTIAL FULFILMENT OF THE REQUIREMENT FOR THE AWARD OF STUDIES University of Ghana http://ugspace.ug.edu.gh I DECLARATION I, Fatuma Ahmed Mohamed hereby declare that except for references to other people’s works which have been duly acknowledged, this thesis is the result of my independent research conducted at the Centre for Migration Studies, University of Ghana, Legon, under the joint supervision of Prof. Dzodzi Tsikata, Dr. Delali M. Badasu and Prof. Steve Tonah. I also declare that as far as I know, this thesis has neither in part or in whole been published nor presented to any other institution for an academic award. 07/05/2020 __________________________ _____________ Fatuma Ahmed Mohamed Date (10435607) University of Ghana http://ugspace.ug.edu.gh II University of Ghana http://ugspace.ug.edu.gh III DEDICATION I dedicate this thesis to my dear parents Mrs. Zeena Mohammed and Brigadier. (rtd) Mohamed, My brothers Fadhil and Yahya and Sisters Zuhra and Zeena and family. My dearest and beloved family, whose never-ending encouragement, abundant patience, countless sacrifices, keen interest and infinite love that they have showered upon me, led to the realization of this thesis. Thank you for taking perfect care of my children during my absence. Thank you for your precious support throughout this academic journey. Respect to Grandmother Abuba Kiden, fondly known as Mama Zeena, thank you for transmiting our family’s story and the Nubian way of life, as it was, for over a century that you have experienced. To my Fayane, Imane and Amna, a very special thank you for letting Mama finish her work. To my family, with all my love, appreciation and respect, thank you, always. I wish you God’s abundant blessings. University of Ghana http://ugspace.ug.edu.gh IV ACKNOWLEDGEMENTS I thank God for reaching this far. My earnest appreciation to my supervisors Prof. Dzodzi Tsikata, Prof. Delali M. Badasu and Prof. Steve Tonah. Thank you for your supervisory role through valuable comments, critique and encouragement. I acknowledge lecturers at the Center for Migration Studies, thank you for your guidance, support and for conveying to me, the interest and passion in Migration Studies. Thank you to all at Center for Migration Studies for all assistance accorded. Prof. Delali Badasu, you have been a strong pillar from the very beginning and saw me through this journey. I am deeply grateful, God Bless You. I appreciate my fellow PhD classmates, the five of us made a good team. It has been a journey well travelled with you. Thank you for your esteemed support throughout our PhD programme, great friendship and for the warm welcome you extended to me during my stay in Ghana. A very special thank you to Adina Addy, who offered me assistance in every way, made sure I was well settled in Accra, comfortable and offered me a home away from home. Thank you for standing by me, for each and every moment of our PhD experience. I extend my gratitude to all who willingly participated in this research and to all who in one way or another were part of this interesting research work. My appreciation goes to the Nubian community in Kibra and in Kenya, thank you for being part of this work. I acknowledge respectfully those who took part in this research, and who have since departed, among them my dear paternal uncle Ali Ahmed (February, 2017). May Allah (SWT) grant You all Jannat Firdaus. My deepest gratitude to my family and my friends who encouraged me every step of the way, I wish you all God’s abundant blessings. University of Ghana http://ugspace.ug.edu.gh V TABLE OF CONTENTS DECLARATION………………………………………………………………………………….I CERTIFICATION.............................................................................................................II DEDICATION ................................................................................................................ III ACKNOWLEDGEMENTS ........................................................................................................ IV LIST OF TABLES....................................................................................................................... XI LIST OF FIGURES....................................................................................................................XII LIST OF PLATES .................................................................................................................... XIII LIST OF ACRONYMS ............................................................................................................ XIV GLOSSARY ........................................................................................................................... XVIII ABSTRACT ....................................................................................................................................1 CHAPTER ONE .............................................................................................................................2 INTRODUCTION ..........................................................................................................................2 1.1 Background ................................................................................................................ 2 1.2 Problem Statement ..................................................................................................... 4 1.3 Research Questions .................................................................................................... 8 1.4 Justification for the Study .......................................................................................... 9 1.5 Structure and Organization of Thesis ....................................................................... 11 CHAPTER TWO ..........................................................................................................................13 LITERATURE REVIEW ............................................................................................................13 2.1 Introduction…………………………………………………………………………13 2.2 Migration……………………………………………………………………………13 2.2.1 Types of Migration and Migrants .......................................................................... 14 2.2.2 Forced Migration………………………………………………………………….16 2.2.3 Labour Migration………………………………………………………………….18 2.2.4 Effects of migration ............................................................................................... 19 University of Ghana http://ugspace.ug.edu.gh VI 2.3 Types of Citizenship………………………………………………………………..22 2.3.1 The Kenyan Context of Citizenship………………………………………………25 2.3.2 Ethnicity and Citizenship ...................................................................................... 30 2.4. Theories of Citizenship ............................................................................................. 32 2.4.1 Liberalism and Inequality ...................................................................................... 34 2.4.2 Global Citizenship………………………………………………………………...35 2.5 The Social Identity Theory (SIT) .............................................................................. 38 2.6 Conceptual Framework………………………………………………………………43 2.6.1 Migration Status .................................................................................................... 44 2.6.2 Identify Formation ................................................................................................. 44 2.6.3 Land Ownership/Access ........................................................................................ 45 CHAPTER THREE .....................................................................................................................49 RESEARCH METHODOLOGY ................................................................................................49 3.1 Introduction…………………………………………………………………………49 3.2 Profile of the Study Area .......................................................................................... 49 3.2.1 Location, Administration and Population ............................................................. 49 3.2.2 Surrounding Features and Infrastructure ............................................................... 52 3.2.3 Human Activities ................................................................................................... 53 3.2.3.1 Livelihoods.............................................................................................................53 3.2.3.2 Educational and Socio-Cultural Aspect ................................................................. 54 3.2.3.3 Health and Sanitation ............................................................................................. 55 3.2.4 Description of Study Villages in Kibra ................................................................. 56 3.2.4.1 Salama .................................................................................................................... 57 3.2.4.2 Makongeni ............................................................................................................. 57 3.2.4.3 Makina ................................................................................................................... 57 3.2.4.4 Kambi Muru ........................................................................................................... 57 3.2.4.5 Lindi ....................................................................................................................... 58 3.3 Research Philosophy………………………………………………………………...58 University of Ghana http://ugspace.ug.edu.gh VII 3.4 Research Design…………………………………………………………….……...60 3.5 Recconnaissance Survey……………………………………………………………63 3.6 Positionality…………………………………………………………………………65 3.7 Data Collection Procedure……………………………………………………………67 3.7.1 Quantitative Data Sample Size Determination ...................................................... 68 3.7.2 Qualitative Data Collection……………………………………………………….71 3.7.2.1 Focus Group Discussions (FGDs) ......................................................................... 72 3.7.2.3 Key Informant Interviews (KIIs) ........................................................................... 75 3.7.2.4 Life Histories ......................................................................................................... 76 3.7.2.5 Observation ............................................................................................................ 77 3.8 Pre-testing ................................................................................................................. 83 3.9 Data management and analysis ................................................................................ 83 3.10 Ethical considerations .............................................................................................. 84 3.11 Challenges encountered in the study ........................................................................ 85 CHAPTER FOUR ........................................................................................................................86 SOCIO-DEMOGRAPHIC CHARACTERISTICS OF RESPONDENTS IN THE STUDY 86 4.1 Introduction .............................................................................................................. 86 4.2 Distribution of the Respondents by Locality ............................................................ 87 4.3 Characteritics of Respondents by Sex and Locality ................................................. 87 4.4 Characteristics of Respondents by Age and Locality ............................................... 88 4.5 Identity of Respondents relative to Household Head ............................................... 89 4.6 Distribution of Respondents by Highest Level of Educational ................................ 90 4.7 Occupation ............................................................................................................... 92 4.8 Marital Status ........................................................................................................... 93 4.9 Distribution of the Respondents by Clan ................................................................. 93 4.10 Distribution of Respondents by Number of Children Alive .................................... 94 4.11 Conclusion ................................................................................................................ 95 University of Ghana http://ugspace.ug.edu.gh VIII CHAPTER FIVE ..........................................................................................................................97 MIGRATION AND SETTLEMENT EXPERIENCES OF NUBIANS IN KENYA ..............97 5.1 Introduction .............................................................................................................. 97 5.2 Migration Experiences of the Nubians from Sudan to Kenya ................................. 97 5.2.1 Movement to and Settlement in Kenya ............................................................... 100 5.2.2 Settlement in Kibra: The Early Years till Independence, 1904-1963 ................. 103 5.2.3 Nubian Settlement and Organization in Kibra .................................................... 107 5.2.3.1 Social/Religious Life…………………………………………………………....110 5.2.3.2 Education………………………………………………………………………..112 5.2.3.3 Marriage and Family Life.....................................................................................113 5.2.3.4 Livelihoods……………………………………………………………………...118 5.2.4 Increase of ‘Others’: 1945-1963 Post-Independence Period ............................... 122 5.2.5 Surveys and Censuses in Kibra ........................................................................... 124 5.3 Migration Dynamics and Nativity to Kibra ......................................................... 125 5.4 Conclusion .............................................................................................................. 142 CHAPTER SIX ...........................................................................................................................143 CONTINUITIES AND CHANGES IN NUBIAN IDENTITY AND IMPLICATIONS FOR THEIR CITIZENSHIP OF KENYA ........................................................................................143 6.1 Introduction ............................................................................................................ 144 6.2 The Making of a Nubi Ethnic Identity ................................................................... 144 6.3 Change Factors in Nubian Markers of Identity ...................................................... 147 6.3.1 Changes in the Wider Context of Kenya………………………………………148 6.3.1.1 Nubians and Limits of Citizenship ..................................................................... 153 6.3.1.2 Nubians and Citizenship Pre-Independence to Independence Period (1963) ..... 154 6.3.1.3 Nubians Citizenship Post-Independence to Date ................................................. 155 6.3.2.3 Application Process for Identity (ID) Cards and Birth Certificate…………..….163 6.3.3 Migration and Culture Change in Kibra .............................................................. 167 6.4 Institutional Continuities and Change .................................................................... 176 University of Ghana http://ugspace.ug.edu.gh IX 6.4.1 Language and Literature ...................................................................................... 177 6.4.2 Changes in Marriage and Family ........................................................................ 179 6.4.3 Transmission of Skills ......................................................................................... 181 6.4.4 Associational Life ............................................................................................... 186 6.5 Building Social Cohesion ....................................................................................... 188 6.5.1 Perceptions of Unity and Disunity ...................................................................... 188 6.5.2 Non-Nubians at Kibra ......................................................................................... 199 6.6 Conclusion .............................................................................................................. 204 CHAPTER SEVEN ....................................................................................................................206 ACCESS TO LAND, IDENTITY AND CITIZENSHIP .........................................................206 7.1 Introduction ............................................................................................................ 206 7.2 Regulations on Land Tenure during Colonial Era (1902-1963) ............................ 206 7.2.1 Land Acquisition among Nubians in Kibra (Post-Independence to 2016) ........ 216 7.3 Loss of Land in Kibra ............................................................................................. 219 7.3.1 Modern housing and permanency .......................................................................... 227 7.3.2 Strategies to protect land in Kibra ....................................................................... 231 7.4 Land claims and legal issues .................................................................................. 238 7.4.1 Ethnicity and land ................................................................................................ 240 7.5 Future of Kibra ....................................................................................................... 245 7.5.1 Postscript (2017 and beyond) ............................................................................ 254 7.6 Conclusion .............................................................................................................. 259 CHAPTER 8 ...............................................................................................................................260 SUMMARY, CONCLUSION AND RECOMMENDATIONS ..............................................260 8.1 Introduction ............................................................................................................ 260 8.2 Summary of Findings ............................................................................................. 261 8.2.1 Socio -Demographic Characteristics of Participants ........................................... 261 University of Ghana http://ugspace.ug.edu.gh X 8.2.3 Continuities and changes in Nubian identity and implications for their citizenship of Kenya .............................................................................................................. 265 8.2.4 Migration status, identity formation, and land ownership/access to land ........... 267 8.3 Conclusion ................................................................................................................. 268 8.4 Recommendations…………………………………………………………………..268 REFERENCES .............................................................................................................. 270 University of Ghana http://ugspace.ug.edu.gh XI LIST OF TABLES Table 3.1: Description of Participants in Qualitative Data Collection ..................................... 78 Table 3.2: Summary Description of Participants in Qualitative Data Collection………..….. 81 Table 4.1: Distribution of Respondents by Sex and Locality .................................................. 88 Table 4.2: Distribution of Respondents by Age and Locality .................................................. 89 Table 4.3: Identity of the Respondents Relative to Household Head ...................................... 90 Table 4.4: Distribution by Highest Level of Education .......................................................... 91 Table 4.5: Distribution of the Respondents by Occupation ..................................................... 92 Table 4.6: Distribution of the Respondents by Clan ................................................................ 93 Table 5.1: Length of Residence in Kibra ............................................................................... 128 Table 5.2: Father’s Place of Birth .......................................................................................... 129 Table 5.3: Mother’s Place of Birth ......................................................................................... 130 Table 5.4: Knowledge about Family Movements .................................................................. 137 Table 6.1: Possession of Identity Card and Difficulty in obtaining One ............................... 162 Table 6.2: Application for ID Card by Nubians (I) ................................................................ 163 Table 6.3: Application for ID Cards by Nubians (II) ............................................................. 163 Table 6.4: What Unites the Nubians ...................................................................................... 188 Table 6.5: What Disunites the Nubians .................................................................................. 193 University of Ghana http://ugspace.ug.edu.gh XII LIST OF FIGURES Figure 2. 1 Conceptual Framework on the Interrelationships between Migration, Identity and Access to land ........................................................................................................................... 47 Figure 3.1: A Snapshot of Kenya showing Kibra .................................................................... 51 Figure 4.1: Distribution of Respondents by Locality ............................................................... 87 Figure 4.2: Percentage Distribution by Marital Status ............................................................. 93 Figure 4.3: Distribution of Respondents by Number of Children Alive .................................. 95 Figure 5.1: Likely Places of Origins of Nubians in Kibra ..................................................... 131 Figure 5.2: Reasons for Migration ......................................................................................... 132 Figure 5.3: Reasons for wanting to move out of Kibra .......................................................... 134 Figure 5.4: Reasons for No Intention to move out of Kibra .................................................. 135 Figure 5.5: Reasons for moving out of Kibra ......................................................................... 138 Figure 5.6: Relatives in Other Countries ................................................................................ 140 Figure 5.7: Nature of Contacts with Relatives in Other Countries........…………………….141 Figure 6.1: What best defines Nubian Identity?....................................................................172 Figure 7.1 : Sources of Land Acquired by Households.……….…………………………...217 University of Ghana http://ugspace.ug.edu.gh XIII LIST OF PLATES Plate 5.1 : A Sample of Shamba Pass………………………………………………………104 Plate 5.2 : Commemorative Plaque at Kibera Primary School……………………………...113 Plate 6.1 : Doll Representing a Nubian Woman in Traditional Dressing Wearing Gurbaba.174 Plate 6.2 : Uncompleted Tabaga - Food Tray……………………………………………….183 Plate 6.3 : Nubian Womean Weaving -Dofur- Traditional Handicrafts…………………….183 Plate 6.4 : Preparing Taditional Food -Gurusa………………………………………….......185 Plate 7.1 : Langata Viewed from Lindi Village, Kibra……………………………………...230 Plate 7.2 : Presentation of Trust Deed to Nubian Community………………………………256 University of Ghana http://ugspace.ug.edu.gh XIV LIST OF ACRONYMS ACERWC The African Committee of Experts on the Rights and Welfare of the Child ACHPR African Commission for Human and Peoples’ Rights AIC African Inland Church BIEA British Institute in Eastern Africa CBD Central Business District CBO Community Based Organization CDF Constituency Development Fund CLGLS Commissioner for Local Government, Land and Settlement CNO Chief Native Officer COHRE Centre on Housing Rights and Evictions CRCK Constitution of Kenya Review Commission CRF-OK Community Rights Forum Of Kibra DC District Commissioner EANA The East African Nubian Awards EAP East African Protectorate FGM Female Genital Mutilation IBEAC Imperial British East Africa Company University of Ghana http://ugspace.ug.edu.gh XV ID Identity Cards IDP Internally Displaced Persons IEBC Independent Electoral and Boundaries Commission IFRA French Institute for Research in Africa IHRDA Institute for Human Rights and Development In Africa IOM International Organization for Migration KAR Kings African Rifles KIHBS Kenya Integrated Household Budget Survey KNBS Kenya National Bureau of Statistics KLC The Kenya Land Commission also known as Carter Land Commission KLC Kibra Land Committee KNA Kenya National Archives KNBS Kenya National Bureau of Statistics KNCHR Kenya National Commission on Human Rights KPHC Kenyan Population and Housing Census MC Municipal Council MCA Member County Assembly MCNAO Municipal Council Native Affairs Officer University of Ghana http://ugspace.ug.edu.gh XVI MP Member of Parliament NACOSTI National Commission for Science, Technology and Innovation NCE Nubian Council of Elders NCLTD Kibra Nubian Community Land Trust Deed NGO Non Governmental Organization NHIF National Hospital Insurance Fund NLP National Land Policy NRF Nubian Rights Forum NYS National Youth Service OSJI Open Society Justice Initiative PEV Post Election Violence PSV Public Service Vehicle RKLC Report of the Kenya Land Commission SIT Social Identity Theory UK United Kingdom USA United States of America SDA Seventh Day Adventist (SDA) Church. SDGs Sustainable Development Goals University of Ghana http://ugspace.ug.edu.gh XVII SPSS Statistical Package for the Social Scientist UNDP United Nations Development Programme UNESCO United Nation Educational, Scientific and Cultural Organization UNHCR United Nations High Commissioner for Refugees UNGA United Nations General Assembly University of Ghana http://ugspace.ug.edu.gh XVIII GLOSSARY Nubian words Adhan Arabic for call for prayer Bamia Okra or lady fingers Birish Woven floor mat Bouza Trouser Daku Early morning meal before starting to fast for the day Dis Reeds used for weaving Dofur To weave Doluka Nubian traditional dance Firinda Beans stew Fundu Pestle Gomborora Meetings Gufo Traditional woven basket Gum beredu To wake up and bath - name of a water point where young children used to bath Gumas/ Lidim Dress Gurbaba Colorful piece of traditional cloth worn as a skirt underneath a dress University of Ghana http://ugspace.ug.edu.gh XIX Gurusa Sour flat pancake made from fermented maize meal eaten with stew Gurusa din Sweet pancake eaten mainly for breakfast Heena Natural dye made into a paste and applied on hands and feet during weddings and Idd ceremonies. Also used to dye hair. Hijab Headscarf Iddah or Iddat Mourning period for a widow Iftar Evening meal when breaking fast Jumaa Friday communal prayers Kanzu Long dress clothing worn by men Kibra Nubian for forest, Korr Goonyo River of frogs – a river in Kibra where many frogs lived nearby Kuta Traditional woven food cover Kisira Rectangular light pancake made from fermented maize meal flour Kofta Beef minced meat stew Korr Nubian for river Kuta food cover Labi Refers to Non-Nubians (derogatory) Lebere Light dried pancake made from fermented maize meal flour Liwali Chief University of Ghana http://ugspace.ug.edu.gh XX Madrassa Religious school Majlis Council of elders Mkati kuta Deep fried snacks made of wheat flour Matatu Swahili refers to mini van or bus for public transport Mulkiya Traditional vegetable stew Murkaka Grinding stone Nikaa Religious marriage ceremony Nyerku fundu Mortar Rogus To dance Sabala Dance partner Souk Market Ramadhan Ninth Month of the Islamic calendar when Muslims observe fast Suksuk Beads. used to make necklaces and bracelets) Tabaga Woven food tray Tarbush Hat worn by men (often red in colour) Toub Piece of cloth worn over the dress and also used to cover the head Wakil Advisor appointed for a newly married couple University of Ghana http://ugspace.ug.edu.gh XXI Swahili words Askari Soldier Boma homestead or enclosure for livestock Huduma Swahili for service Kambi Swahili for camp. Refers to a village in the study Kavirondo Members of Luo, Luhya and Kisii ethnic communities in Kenya Kipande Swahili word, [a piece of identification worn around the neck by natives during colonial period. Also refers to an identity card Kipini Nose pin Kofia Head cover worn by men /boys Makanga Tout Mkokoteni Hand cart Mzee Elder Respectful word to address older men. Also refers to old man Mwenyeji Swahili, literally a local person, become one of them Shamba Farm/land Wakili Lawyer University of Ghana http://ugspace.ug.edu.gh XXII Other words Boda bodas motor cycles for public transportation services Enkare Nyrobi’ Maasai word for ‘where the water is cold’, corrupted to Nairobi Ushago local slang for rural home/upcountry in Kenya Waragi Local name for Nubian gin (in Uganda) Tuktuk A motorized auto rickshaw used as a means of transport for taxi service. University of Ghana http://ugspace.ug.edu.gh 1 ABSTRACT Countries worldwide could either be origin, transit or destination countries, or all three. Migration can be voluntary or forced, and the resultant effects for migrants and countries involved presents diverse challenges. In this regard, migration is therefore an important area of study. Research has been done on issues related to migration and identity. However, little is known about the inter-relation among migration, identity and land rights focusing on a particular group of long-term migrants. Such a group comprise of Nubians in Kenya, precisely in Kibra, Nairobi. The community’s migration from Sudan was initiated and planned by the British colonials who were moving deeper into eastern Africa. The study does this by examining the evolution of Nubian identity, determining the association between their migration status, identity formation and access to land. Further, the study examined the colonial legacy of Nubians, a long-term migrant community and their integration process into the nation state of their destination country, Kenya. The continuities and changes in Nubian identity and implications for their citizenship and access to land. Other issues discussed include: internal rural-urban migration into Kibra and the impacts, competition for resources, statelessness, citizenship, discrimination, ethnicity, and marginalization of minority communities. The study was conducted in Kibra constituency, Nairobi in Kenya in the following five villages: Kambi Muru, Lindi, Makina, Makongeni and Salama. Overall, a questionnaire was administered to 279 respondents to collect quantitative data, FGDs, in- depth and key informant interviews, life histories and observation methods were used to collect qualitative data. The findings indicate that identity is not static and its flexibility was manipulated to suit particular situations to the advantage of the Nubians during the pre- independence and post-independence periods. Ultimately, their identity was expected to reflect that they were part and parcel of Kenya and its people. Migration and interaction with others led to changes in the culture of the Nubians which necessitated collective efforts towards preserving their cultural heritage. Moreover, the study revealed that in-migration to Kibra by the inhabitants was achieved mainly through chain migration from the rural to urban area with the main reasons being perceived employment opportunities. Out-migration by Nubians from Kibra is seen as upward mobility, however the out-migrant Nubians maintain a strong link to Kibra. The reasons for the out-migration include better living standards and environment for family, and security of tenure for land purchased outside Kibra. Nine out of every 10 of the interviewees had lived in Kibra for more than twenty years and about 73 percent of both of their parents were born in Kibra, further demonstrating Kibra as their home. To buttress this connection to the land, eight out of every 10 respondents stated they had no intention of moving out because Kibra is their ancestral home in Kenya. Previous development projects on upgrading of Kibra have not been beneficial to Nubians in particular, who lost land. Collaboration with the Nubians on further development on the land is recommended. The study recommends the development and implementation of policies to protect minority communities and enhance their integration. . University of Ghana http://ugspace.ug.edu.gh 2 CHAPTER ONE INTRODUCTION 1.1 Background Migration is a necessary and common feature of modern life and it can be forced or voluntary, internal or international. International migration has been fueled by globalization, labour demand and supply, demographic trends, improvement and development in information communication technology and transportation. People also migrate in situations of disparities in wealth, social conditions and human rights (Arango, 2000). The desire inherent in most people to ‘better’ themselves in material terms encourages people to migrate. Ravenstein (1885, 1889) stated, more than a century ago, that migration is not new and has also been used as a survival strategy to improve on social and economic situations. Different populations have been moved from their homes to new places for various reasons, among them because they provided a source of labour. For instance, populations from Africa were taken to North America during the Transatlantic Slave Trade. Others were enslaved in the Arab world. Still, other examples include deliberate labor recruitment by Western Europeans of Turks to Germany, North Africans to France, New Commonwealth immigrants to the United Kingdom (UK), and Mexicans to the United States of America (USA) (Castles, 2003). Imperialistic expansion in the scramble for Africa also led to displacement of people, most of whom were forced out of their habitual places of residence a key example being the Nubian community in Kenya. Long term Migrant communities are confronted with challenges in their new destinations which obliges them to adopt strategies to cope with different situations they are faced with. Kenya has migrant communities who trace their roots to Sudan, Mozambique and Central Africa. University of Ghana http://ugspace.ug.edu.gh 3 Other long term migrant communities originated for example, from the Middle East, Europe, and Indian sub-continent, and have settled in the country for generations. Some migrant groups were brought to eastern and southern Africa in the colonial era mainly for labor. Long term migrant communities have to adapt to their new environment in order to fit in. Depending on the context of migration, migrant communities often find themselves confronted with issues such as host-migrant conflicts, integration, assimilation, broken linkages with their origins, identity, belonging, land rights and citizenship. Further, these migrant populations face human rights issues related to migration including statelessness, inequality, minority rights, marginalization, vulnerability, and land entitlement. These issues have not been fully addressed. However, through legislation, significant efforts have been made in Kenya to address statelessness among once migrant minority communities such as the Makonde originally from Mozambique (Kegoro, 2017), who were recognized as Kenyan citizens in October 2016 and Nubians who trace their roots to Sudan being recognized in 2005. Still, issues relating to migration, minorities, ethnicity, identity and land concerning Kenya’s Nubian community need to be properly understood and addressed. This study is about the relationship between long term migration and citizenship. Specifically, about colonial legacy of migrant communities and how they are integrated into the nation state after independence. The study examines the inter-relationships between migration, identity and land rights and their implications for the Nubian community in Kibra, a migrant community in Nairobi, Kenya. Identity will be measured in terms of citizenship. University of Ghana http://ugspace.ug.edu.gh 4 1.2 Problem Statement Nubians, originally from Sudan, were forcefully conscripted to serve British colonial forces, and in the course of their service, they settled in various areas in Kenya; among them, Kibra in Nairobi, where the majority reside (Constantine, 2011). Since then, they have since lived in Kenya, but have experienced difficulties securing the place they could ‘officially’ call home. After the First World War, they were stranded as the British colonial government declined to facilitate their return to Sudan and, instead, granted decommissioned soldiers a shamba (Swahili for farm) pass, which entitled them to a piece of land to settle and farm in Kibra. This land, Kibra (Nubian word for forest) was crown or government land. However, Nubians considered this piece of vast land as reward for their gallant service to the British. The size of the individual shamba varied and was in relation to the rank one attained during his service. As long term migrants, who had resigned more or less to being abandoned in Kenya, their links with their mother country gradually diminished and the attachment with their new home in Kibra increased. Nubians have had flexibility with regard to their identity. During the colonial era in Kenya, Nubians considered themselves as foreigners and referred to themselves as “Sudanese”. This gave them an advantage as they were not considered as “natives” of Kenya, giving them a higher status. Towards independence and afterwards, they started referring to themselves as “Kenyan Nubians”. This raises the question about how long term migrants such as Nubians negotiate in terms of identity, sense of belonging and integration. Further, how are identities reconstructed for such a migrant community to fit into the nation state after independence and to find acceptance as part of the nation’s population. University of Ghana http://ugspace.ug.edu.gh 5 Nubians have had difficulty getting access to national identity cards (ID cards), employment and higher education, passports and have been limited to travel (Balaton-Chrimes, 2014, 2015; Lonesdale, 2008). This pertains to questions of statelessness and citizenship. In recent years, a more flexible approach by the Kenyan authorities has helped ease some of these restrictions and most adult Nubians have been confirmed as Kenyan citizens (Constantine, 2011). Still, Nubians undergo vetting before acquiring Kenyan Identity Card that confirms one as a citizen. Mukras (1981) wrote that the principal problems that have faced Nubians were land, housing, and education. These very problems still apply to date with the exception of education where there has been significant improvement, especially, due to collective efforts by the community. The Nubians’ story may not be limited to them, but may be illustrative of some common experiences lived by migrant populations in Kenya and elsewhere. With the exception of Nubians, all other ethnic communities in Kibra have their rural homes in other parts of Kenya. They also claim a right to Kibra by virtue of being born and living there for many years in relative peace except when land, rent and ethnic politics disrupted the peace notably the Post Election Violence (PEV) after the 2007 general elections (Ndegwa, 2014). This line of thought can be linked to territorial discourses of indigeneity and autochthony, literally to be ‘born of the soil’ (Geschiere, 2009). Land is an important and coveted resource people depend on and derive their livelihood from. Therefore, it is in their best interests to claim a right to it as Nubians have claimed to belong to Kibra. According to Lonsdale (2008, p.305), three expressions can be employed to depict Kenyans in connection with land: some ‘understand’ it, others ‘control it’, and still others ‘work’ it. Rural-urban migration led to an influx of internal migrants to Kibra which engendered competition for land, a scarce resource given the high population. University of Ghana http://ugspace.ug.edu.gh 6 Tension arises from such situations and how the resident migrants and others handle it is of concern in a multiethnic settlement. The issue of long term migrants and access to land in their destination country and how they negotiate to acquire that access is of interest. In this regard, identity is important as it is measured in terms of citizenship to facilitate access to land for Nubians in Kibra. Migrant communities are faced with citizenship issues which often marginalizes them further. Prior to 2005, the Nubians, a minority group, were categorized as ‘others’ before being officially recognized as the forty third (43 rd ) ethnic community in Kenya. To emphasize their marginalization, although according to both the 1963 and 2010 Constitutions of Kenya, the Nubians are entitled to Kenyan nationality, their citizenship has been continually doubted (Sing'oei, 2011). Due to their origins, Nubians are perceived as non-indigenes or foreigners. Over the times the Nubians were considered as stateless, resulting in both material and psychological prejudices to the disadvantage of the Nubians. Being stateless officially meant they did not belong, largely because they lacked citizenship and had difficulties acquiring documentation to that effect. Still, possession of the coveted ID cards did not expel the sense of Nubians being ‘lesser citizens’. In reality, the ID cards did not guarantee full citizenship as it should in the legal sense because they were still denied collective identity. This scenario illustrates a hierarchy in citizenship and duality of citizenship represented by the ID card which ought to signify equal citizenship among its possessors. Meanwhile, for the Nubians, Kibra is their ancestral home in Kenya. The Nubians and Kibra are inextricably linked. With their continued existence in Kibra, spanning multiple generations, this has resulted in the Nubians continuous claim to the land in Kibra. University of Ghana http://ugspace.ug.edu.gh 7 Inferring from these circumstances of the Nubians, there are questions surrounding permanence of residence, land ownership and right to land, and land tenure and security for the Nubians. At the same time, the rights of non-Nubians cannot be relegated to the background. There is a glaring imbalance in how the expectations of the Nubians are met against the desires of the local populace on the other side. Today, although the Nubians have nowhere they call ‘ancestral home’ except Kibra, where they have lived for many generations, it seems the fact of their migration to Kibra is having a toll on their rights to own their ‘home’. Yet, Kibra and Nubians have not stopped evolving, with increasing population size, accommodation structures, infrastructural development, and division of land and land grabbing, has led to scarcity of land and space. Given that only one-third of Kenya’s land is arable emphasizes why land is so valued that it is linked with national and local politics, and why resolving the land question has evaded the country since independence (Oucho, 2007). The reason why the Nubian ordeal persists, therefore, needs to be identified and clearly understood in hope that such understanding would provoke critical thinking for a permanent solution for peace, human dignity and social cohesion to prevail. Previous works on Nubians mainly focused on their history and social life. Little work has been done on the issue of Nubian landlessness in Kenya and their attendant struggle for Kibra land and recognition through Kenyan citizenship. Available literature often focus on one or two components rather than the three of interest to the study: migration, identity and land rights. A study by Smedt ( 2011) focused on the social history of the Nubians and Kibera, whose main theme was ethnicity. The study found out that Nubians are an example of the limits of the ‘invention theory’ (that tribes were invented by the colonial powers) (Akyeampong, 2006, Spears, 2003). University of Ghana http://ugspace.ug.edu.gh 8 In essence, the Nubians invented themselves, notwithstanding, under circumstances created by colonialism. The study can be linked to migration and identity, however, it did not consider land issues or its linkages with migration and identity. Balaton-Chrimes (2014), focused on identity specifically, citizenship issues and found out that citizenship status does not guarantee equal treatment for Nubians. Therefore, this study bridges the gap in literature by investigating how migration, identity and access to land interrelate in explaining the situation Nubians found themselves in and the challenges faced. This research is an attempt to fill the identified gap in the literature by shedding light on the lived experiences from the Nubian community, other residents in Kibra as well as other persons of interest to the study. From the circumstances of the Nubians in terms of rights to land, this study investigates the relationships between migration status, identity formation and land ownership/access. This would help to extrapolate the meaning of the circumstances of the Nubians in light of human right policies. 1.3 Research Questions The main research question that the study attempted to answer is: what is the relationship between migration status, identity formation, and land ownership/access in the instance of the Nubians in Kibra, Kenya. In order to achieve this, the following sub-questions were set: 1. What is the historical account of the migration and settlement of the Nubians in Kibra, Nairobi, Kenya? 2. How has the identity of the Nubians in Kibra evolved? 3. What is the extent of land ownership/access by the Nubians in Kibra? University of Ghana http://ugspace.ug.edu.gh 9 4. What is the association between migration status, identity formation, and land ownership/access? 1.4 Justification for the Study This study is justified for a number of reasons. First, although literature is available on migration and identity (Ogot, 1967, Oucho, 2002, Geshiere, 2009), land and identity (Ominde, 1965, Parsons, 1997), the nexus between land, identity and migration in literature has been limited, and much more limited with regards to understanding how the three explain the Nubians’ land issues in Kibra. Therefore, this study bridges the gap in literature by investigating how migration, identity and access to land play out in explaining the conditions into which the Nubians have been plunged. Additionally, literature is limited in terms of how much is known about the realities of access to land to the Nubians in Kibra. By investigating the complex linkages of migration, identity and land issues, this study fills the knowledge gap, contributes to knowledge and proposes recommendations and areas for further research. Research evidence produced by this study will help in formulating policies and implementation strategies to address specific issues raised, not only among the Nubians, but also other migrant communities in Kenya and beyond. The Kenyan Constitution (2010) has a provision on security of tenure for community land which covers 67 percent of the country’s territory. The Community Land Act (2016), passed by the Kenya National Parliament seeks, among others, to provide a legal framework for recognizing, registering and protecting community land. One of the primary concerns of the Bill was to ensure that communities are represented in the governance of the land. University of Ghana http://ugspace.ug.edu.gh 10 This will give them power to negotiate with the government in situations where their land is allocated for a public project (NLC, 2016). This specifically concerns Nubians in Kibra and other communities in the country. Kenya is a signatory to International Agreements relating to statelessness, protection of its citizens and, human rights, among others. The Nubians have felt their rights have been abused by the state by putting impediments in their way, such as being vetted as a prerequisite for obtaining national identity cards, denial of security of tenure for their ‘ancestral land’ in Kibra, and denial of access to passports to travel, jobs and voting. As ‘lesser’ citizens, they have felt they have been marginalized and have missed opportunities that full citizens enjoy. The Nubians’ migration, colonial involvement, minority status, concerns for right to land, lack of economic and political advantage create a sense of vulnerability among them in Kenya. The Nubians’ identity issues involve their once migrant status, referring to themselves as “Sudanese” during the colonial era because of the advantages it entailed; switching to “Kenyan Nubian” in the period preceding independence and thereafter gave them some opportunity to fit into the new independent country. The issues surrounding the role of migration in the current disposition of the Nubians need to explored. The Nubians’ conditions present a unique case to explore the linkages between land rights, identity and sense of belonging in Kibra. University of Ghana http://ugspace.ug.edu.gh 11 1.5 Structure and Organization of Thesis There are eight chapters presented in this thesis. Each chapter will have an introduction and a conclusion. Chapter one is the introductory chapter and will discuss the background of the study, problem statement, research questions, objectives of the research, rationale and the structure and organisation of the chapters. The second chapter will review literature in detail to provide a theoretical and conceptual framework platform for exploring the research questions of the study. Chapter three will focus on the research methodology justifying strategies used with details on the mixed methods approach to research, different data collection methods used and the initial fieldwork. Further discussions will encompass both qualitative and quantitative data collection methods, interviews undertaken, and data analysis. Positionality will be discussed, ethical consideration as well as limitations of the study. Chapter four is the first chapter on findings and will describe the socio-demographic characteristics of the study population. Chapter five will dwell on the migration and settlement experience of Nubians in Kenya commencing with the Nubian’s migration process and settlement in Kenya and eventual settlement in Kibra. the chapter will also trace a brief history of Kibra and the changes that have occurred through the years to date and the outcomes. In and out migration in Kibra as well as intentions of migration by Nubians will be detailed. The sixth chapter is focused on continuities and changes in Nubian identity and implications for their citizenship. It will show how Nubian identity was not fixed and how the community took advantage of this flexibility especially during the colonial period. How they maneuvered their identity to fit into the independent Kenya will also be discussed. University of Ghana http://ugspace.ug.edu.gh 12 As Kibra is now a melting pot of many ethnic communities living together, interactions and perceptions, inter ethnic dynamics as well as the successes and challenges of integration in Kenyan society at the destination area – Kibra – , will be discussed in this chapter. Chapter seven is based on access to land, identity and citizenship. This chapter will discuss the linkages between the three concepts with regard to the Nubian community. It will incorporate issues relating to Nubians and citizenship, touching on their identity and their impact on access to land. It will also look at what effect migration has had on identity and land. Regulations on land tenure in Kenya with a specific focus on Kibra and the dynamics involved will be discussed to establish a connection with Nubians, originally a migrant community. Chapter 8, will conclude this thesis, draw out the policy implications of the findings made, present the summary, the conclusions drawn, and the recommendations made by the study. University of Ghana http://ugspace.ug.edu.gh 13 CHAPTER TWO LITERATURE REVIEW 2.1 Introduction This chapter provides a review of literature. The aim of the chapter is to provide a conceptual and theoretical platform for exploring the research questions of this study. Literature on the nexus of migration, identity and land rights on particular communities - for example, the Nubian community - is lacking. This thesis seeks to fill this gap and add to the existing literature. Kenyan newspapers have been quoted and referenced mainly because they are an important source of information on key matters concerning Nubians such as citizenship, minorities and land rights. These have provided insights from different writers as well as being current information. Information was corroborated or further details sought to obtain clearance on different issues. The information gathered have enriched the study. The review provides a background and basis for exploring the links among migration, identity and access to land. 2.2 Migration Migration is defined as a form of geographical mobility or spatial mobility between one geographical unit and another, generally involving a change of residence from the place of origin or place of departure to the place of destination or place of arrival. It can also be defined as the movement of persons away from their place of usual residence, either across an international border or within a state (IOM, 2019). University of Ghana http://ugspace.ug.edu.gh 14 Further, the definition of “migration” and “migrant” are constructed from distinct political, social, economic, or cultural context which vary and can be drawn from a human perspective- migrant, or a geographical perspective-migration (IOM, 2019). Woods, (2004), defines migration as a permanent or semi-permanent change of residence, usually across an administrative boundary. Migration is a versatile and complex global issue, which touches every country which are either points of origin, transit or destination for migrants, often all three at once (IOM, 2005). Countries are reviewing policies related to migration and integrating them as part of their development agenda (Sørensen, Van Hear, Engberg-Pedersen, 2002; de Haas, 2007). The Sustainable Development Goals (SDGs) are a collection of seventeen (17) global goals which were set by the United Nations General Assembly (UNGA) in 2015 (UNDP, 2015). It is the first time that a global-level development framework is recognizing the important contribution of migration to sustainable development and including it in its agenda. Migration is a cross-cutting issue pertinent to the SDGs, and at least eleven (11) out of the seventeen (17) goals contain targets and indicators relevant to migration or mobility (UNDP, 2015). Migration is one of the key defining features of the 21 st century and significantly contributes to economic and social development. Therefore, it is argued that migration will have a vital role towards achieving the SDGs (Laczko, 2016). 2.2.1 Types of Migration and Migrants Migration can occur within the borders of a country which is internal migration or, beyond a country’s national boundary, referred to as international migration. Migrants can be University of Ghana http://ugspace.ug.edu.gh 15 categorized as those who are legal migrants, illegal migrants, irregular migrants, refugees, and labour migrants. Causes of migration can be grouped into two main factors: push factors are reasons for leaving a place whereas pull factors which are reasons for moving into a new place. These factors are generally classified into economic and demographic, environmental, political, social and cultural categories (Adepoju, 2010). Ababio Anarfi and Mensa (2018) state that the reasons why people migrate are not static. Migration may be undertaken for diverse reasons. Social and psychological factors of individuals, groups or the community affect migration. ‘Macro-factors’ that contribute to migration include, the demographic, environmental, political and socio-economic situations. Meso-factors are land grabbing, communication technology and links with the diaspora. Micro-factors for example, marital status, religion, education, and personal attitude to migration also have a key role in making the final decision to migrate an individual choice (Casteli, 2018). Migrants can traditionally be divided into two distinct groups: refugees, fleeing their home country, and economic migrants, who are searching for greener pastures in terms of better jobs and better economic security (Cortes, 2004). Previously, from an economic perspective, interest on migration focused on why migration occurs; it was seen mainly as geographic mobility of labour in response to better income opportunities elsewhere, and as such a major factor in the process of economic development (Harris & Todaro, 1970; Todaro, 1976). The moral question of distinguishing between refugees and economic migrants is easier to University of Ghana http://ugspace.ug.edu.gh 16 comprehend when placed in the specific contexts in which it has occurred (Hollenbach, 2010). Migration brings about social transformation in societies by increasing the social and cultural diversity of populations, and by contributing to the increase of transnational communities across different geographical regions. Badasu and Darkwah in Awumbila et al., (2018) argue that the migration process has mostly been determined by social factors and setting, at both origin and destination areas of migrants. In their conclusion, they stated that migration and social change are closely linked and exert an influence on each other. Other processes related to migration include loss of identity and community disintegration, and processes of redefining identity and rebuilding community. Migration can eventually lead to loss of cultural norms, religious customs, social support systems and adjustment to a new culture through acculturation, assimilation and adaptation. Nubians have, to different extents, experienced the impacts of migration and have devised ways and means to mitigate the effects. Migration can have different effects on people, however the impact of migration depends on specific circumstances (De Haas, 2006) for example, migration management. 2.2.2 Forced Migration Forced migration is a migratory movement which involves force, compulsion, or coercion. The term forced migration has been used to describe the movements of refugees, displaced persons (including those displaced by disasters or development projects), and, in some instances, victims of trafficking (IOM, 2019). Forced migration has increased in volume and political significance since the end of the Cold War, becoming an essential part of North-South relationships, and linked to the processes of University of Ghana http://ugspace.ug.edu.gh 17 global social changes, (Castles, 2003). Types of forced migration include: development induced displacements, for example, infrastructural projects such as dam construction, urban development and transportation, have forced out populations and resulted in long-term environmental and socio-economic impacts. Tsikata (2006) gives details related to two hydroelectric power generating projects in Ghana, the Akosombo Dam Project and Kpong Dam on the Volta River which were commissioned in 1966 and 1982 respectively. The projects resulted in displaced communities and had significant impact on their livelihoods which were dependant on the River Volta and the surrounding environment among others. Urban development and transportation projects have also displaced communities such as Nubians in Kibra who have faced several forced evictions over the years, some dating back to 1963. The displacement was to pave way for construction of housing estates, schools, and other amenities (CRF-OK, 2012). The most recent displacement occurred in July 2018, in parts of Lindi, Mashimoni and Makongeni villages, for a road construction project (Author, Observation, 2018). These developments led to forceful displacement of populations from their habitual places of residence. Natural disasters, environmental degradation and industrial pollution can lead to forced migration. War and civil strife are also causes of forced migration. Another form of forced migration involves trafficking of people across national borders for exploitation as happens in the sex industry. National concerns on border control and national security are key discussions linked to forced migration (Castles, 2003). According to (Casteli, 2018), ‘macro factors’ which include the demographic, environmental, political and socio-economic situations are key contributors to migration and are the main drivers of forced migration, and largely out of individuals’ control (Casteli, 2018). University of Ghana http://ugspace.ug.edu.gh 18 It has been suggested that sociologists should be concerned with forced migration since it is an important aspect of social transformation in the modern world (Castles, 2003). 2.2.3 Labour Migration Labour migration relates to migrants who migrate for work purposes. They can be temporary labour migrants who migrate for a limited time for work. Others are highly skilled and business migrants who can migrate under different programs offered by some countries to fill their labour gap with specific skills and add to the human stock of their country for example, Canada’s Federal Skilled Worker Programme. According to data from ILO (2019), out of 258 million migrants, 164 million were migrant workers. Some populations have been forced to migrate for labour purposes. Lovejoy (2011) discusses the transatlantic slave trade, which was facilitated through forced migration, adding that slavery in Africa, as in the Americas, developed from its position on the periphery of capitalist Europe. Many people moved from one place to another as a result of colonialism. Nubians are an example of a group of people who were forcefully conscripted into the colonial forces, comprising the Turko-Egyptian and British armies, while Sudan was under Anglo-Egyptian rule. They migrated further into East Africa as part of the British forces in their mission to establish control over the region. The Nubians, as part of the Kings African Rifles (KAR), also contributed to the British military efforts during the First and Second World Wars in various countries (Adam, 2009, Constantine, 2011). In the quest for exploration and expansion into the interior of Africa, colonialism was also linked to exploitation of Africa’s natural resources. Scores of labourers were required for the production of raw materials for export for example, cotton in West Africa. Labour migrants University of Ghana http://ugspace.ug.edu.gh 19 were recruited from neighbouring countries in southern Africa region, to work in South Africa, Zambia and Congo mines (Adepoju, 2010). The first group of labour migrants from the sub-Indian continent arrived at the port of Mombasa-Kenya, in 1896 to construct the Kenya-Uganda railway between 1896 and 1903 (Chattopadhyaya, 1970). The sub-Indian continent migrants were a settler community in Kenya and Uganda and European populations were encouraged to settle in new lands in Kenya during the expansion era. Many settled as farmers in the “white highlands” on productive agricultural land, as part of having foot in the empire and this was done at the expense of the local population. Indians and European settlers were given Kenyan and/or British citizenship. 2.2.4 Effects of migration Migration has both positives and negatives effects (De Haas 2006). Migration can benefit and cost migrants, societies and governments in political, social and economic terms, mainly in relation to development, integration, health, labour markets, and institutional structures (IOM, 2005). From the 1980s, African international migration has been viewed as an important resource for development in African countries in terms of the Diaspora and remittances (Oucho, 2008). Benefits of migration to sending countries include among others, skills and technology transfer and employment for excess labour, higher standard of living and a reduction in both poverty headcount, poverty gap and remittances. Remittances include both monetary and non- monetary flows including social remittances (Oucho, 2009). Development agencies both at the national and international level are more involved in assessing and harnessing the benefits University of Ghana http://ugspace.ug.edu.gh 20 from migration, in particular, managing remittances for the development of countries of origin (IOM, 2005). On the one hand, several studies have highlighted the transfer of remittances and its role in improving livelihoods in migrant households and in the decision making process (Awumbila et al., 2018, Quartey, 2006). A study by on the importance of overseas connections in the livelihood of Somali refugees in the Dadaab refugee camps in Kenya, found that primarily, the remittances act as an invaluable cushion for the social safety net for the Dadaab refugees receiving child-to-parent remittances from Europe, Australia, Canada and the United States. Horst (2002) also found that the remittances helped to maintain survival and improve private accumulation among the beneficiaries. However, a negative aspect are expenses incurred in tracing the recipients and insecurity they face as recipients and dependency on the remittances. On the other hand, sending countries may be affected by dependence on remittances and there has been interrogation of whether remittances leverage or entrench poverty (Oucho 2008). Research on Ghanaian migrants has revealed diverse perspectives on the impact of elite return migrants to the country (Asiedu, 2003). Studies have also focused on brain gain and brain drain for both sending and receiving countries through programmes such as the Return of Qualified African Nationals (RQAN) sponsored by the EU and implemented by the IOM, the UNDP’s Transfer of Knowledge and Through Expatriate Nationals (TOKTEN). The IOM initiated in 2007, the Migration for Development in Africa (MIDA), which comprises placements and periodic physical and virtual returns, among others to evolve collaborative ventures with the countries of both destination and origin, Diaspora organisations, local authorities and the private sector (Oucho, 2008). University of Ghana http://ugspace.ug.edu.gh 21 Receiving countries benefit from skilled labour in specialized sectors for example, Information Technology (IT) and health care industry and also low skilled occupations in manufacturing, agriculture among others. Some negative aspects in receiving countries include public fears of social, economic and security implications. There is also concern of the creation of a migration culture in the youth and encourage irregular migration and bring changes in the social and cultural systems in sending countries among others. The inability to integrate migrant ethnic minorities is also a matter of concern in receiving countries, with issues on multiculturalism and identity (Manuh, 2005). Skeldon (2002, p.80), argues, “..the main challenge for policymakers is to facilitate the types of movement that are most likely to lead to an alleviation of poverty while protecting migrants from abuse and exploitation”. Research shows significant association between environment and migration. Climate change and rural-urban migration in Africa is gaining increased prominence in research circles. Jarawura (2003), investigated the relationship between drought and migration in Northern Ghana. Findings indicate that drought is a major reason for migration, with fifty one percent of the people who had experienced migration, stated drought as a reason for their migrations. Related consequences are lack of food security, low income and lack of labour to work in the farm due to migration. In general, migration brings about social transformation in societies by increasing the social and cultural diversity of populations, and by contributing to the increase of transnational communities across different geographical regions (Gans, 2007). Other processes related to migration include loss of identity and community disintegration, and processes of redefining identity and rebuilding community. Migration can eventually lead to loss of cultural norms, religious customs, social support systems and adjustment to a new culture through University of Ghana http://ugspace.ug.edu.gh 22 acculturation, assimilation and adaptation. Migrants have to different extents, experienced the impacts of migration and have devised ways and means to mitigate the effects. Migration can have different effects on people, however the impact of migration depends on specific circumstances (De Haas, 2006) for example, migration management. 2.3 Types of Citizenship Migration occurs in the context of globalization, which has made it possible for people to move from one destination to another. Depending on the context, it raises issues regarding migrants and citizenship in destination countries as was the case with Nubians and other migrant communities in Kenya. Following their migration from Sudan and subsequent retirement from active duty, Nubians were made to settle in Kenya in circumstances by default rather than by design, owing to the British government expansionist yearn (Kabukuru, 2003). Members of the Nubian community members have experienced difficulties with regard to their citizenship in Kenya. Citizenship and identity are related and have an influence on how a group of migrants (Nubians) consider who they are in relation to where they belong and where their home is. The experience of the Nubians indicate that their identity and citizenship are related. They also derive their identity from their citizenship as Kenyans. Citizenship as a status, has played a major role in identity formation among Nubians. This study uses citizenship as a major reference of identity of the Nubians, at the country of their destination, Kenya. In general, citizenship based on circumstances of birth is automatic, nevertheless, in other cases, an application may be required. There are various types of citizenship which are applied by different countries. Citizenship can be acquired by descent (right of blood), University of Ghana http://ugspace.ug.edu.gh 23 referred to as jus sanguinis; citizenship based on country of birth is known as jus soli (right of soil); citizenship acquired through marriage is known as jus matrimonii and citizenship by investment or economic means (Felfe et al., 2017). Diverse thoughts from scholars have contributed to the debate on the concept of citizenship. Not surprisingly, citizenship has become less clear as its relevance and prominence have increased partly due to conceptual stretching as a result of the use of citizenship and different views of its users (Heisler, 2005). Migration across state borders is an important factor in citizenship and “the notion of citizenship requires continual conceptual, philosophical, and value clarification,” more relevant (Janowitz, 1980, p.1). Citizenship can be defined as a relationship between an individual and a state to which the individual owes allegiance and, in turn is entitled to its protection. In this respect, it implies the status of freedom with accompanying responsibilities (Rainer, 2006). A citizen can also refer to a resident of a city as well as in a general sense a person residing within the boundaries of a state. A broad explanation to citizenship is having a membership within a community and being a participant in that community. Migration is at the centre of citizenship issues including the “portability” of individual human rights (Heisler 2005). In a bid to control migration mostly from developing countries, developed countries have turned to “exclusionary discourses of citizenship” Choules (2006). The opinion that citizenship of a safe and stable country is a privilege has been proposed by among others, Bader (1997) and Benhabib (1999). To support his argument that citizenship has always meant the exclusion of non-members, Bader (1997b) states that in present conditions, “democratic citizenship in the rich and safe Northern State is increasingly a privilege, and privilege gives rise to dominance” (McIntosh, 2002, p.79 in Choules, 2006). University of Ghana http://ugspace.ug.edu.gh 24 Citizenship privilege can be accessed through naturalization or migration after meeting specific requirements of the country concerned. The discourse on privileged citizenship supports those who suggest that exclusionary discourses on citizenship are not compatible with justice and not aligned with universal human rights. Both the discourse and practical consequences of citizenship obstruct global social justice and human rights (Choules, 2006). Choules (2006) aimed to show that citizenship privilege is not consistent with social justice or human rights, with the main challenge being finding the minimum border control that is consistent with social justice and human rights globally. This would necessitate the creation of international bodies with jurisdiction to arbitrate the right to enter a country based on universal human rights and global social justice standards, not narrow national interests. Citizenship also involves a certain sense of membership and belonging to a given political community. Bellamy (2008) points out that exercise of political citizenship is best exercised at the state level, but states should maintain an obligation to allow access for non-citizens to membership on non-discriminatory terms. Citizenship implies recognition to a society or nation state in the formal sense. There are some conditions or regulations which offer guidance as to who is a citizen, and these can be found in a country’s constitution. There are several approaches to citizenship for example, liberal, communitarian, republican and global citizenship, each with its merits and demerits, which have demonstrated shortcomings in their application in relation to the Nubian case. Different countries apply different approaches to citizenship. Citizenship should take into consideration various aspects for example diversity and inclusivity and recognize citizens as individuals and by extension, the group they belong to, for example, an ethnic group. In this study, and with particular reference to the Nubian case, the liberal approach of citizenship informs the study. Both the principle of liberalism and the Constitution of Kenya 1963 and the current University of Ghana http://ugspace.ug.edu.gh 25 constitution 2020, are compatible with the principle of equality and tolerate diversity. Notwithstanding some limitations, the liberal approach to citizenship it is considered as the most practical taking into consideration the study’s focus on Migration, identity and land rights. 2.3.1 The Kenyan Context of Citizenship With few exceptions (Ndegwa, 1997; Smith, 2013), Balaton-Chrimes (2016) investigates two kinds of citizenship deficits; those experienced by the Nubians in Kenya and, more centrally, those representing the limits of citizenship theories. On a practical level, it is clear that it is impossible to ignore the role of ethnicity in politics (Eyoh, 1999). In the challenge of constructing a political community of equal citizens, therefore, Nubians faced inequalities also based on ethnicity. Considering the community’s post-statelessness, an approach proposed is one which remains considerate to equality and takes into account the realities of the importance of ethnic difference in the Kenyan polity. The coveted Kenyan National ID card grants citizenship by giving individual recognition and access to rights and this is in line with the principle of a liberal concept of citizenship. However, in this case, a liberal approach to citizenship does not explain why the Nubians have experienced difficulties with obtaining ID cards. Nubians for a long time have not been fully included in the Kenyan identification system. Moreover, they have experienced being half citizen and exclusion from recognition of their collective identity. The inclusion of some and exclusion of others clearly depicts the presence of a hierarchy and limits full citizenship. University of Ghana http://ugspace.ug.edu.gh 26 Citizenship in Kenya is composed of several aspects such as membership, rights and political participation in which having a ‘territory’ is an important precondition leading to greater security and access and enjoyment of the other components of citizenship (Sassen, 2006). This is one of the reasons Nubians claimed Kibra as their territory being their homeland and ancestral in Kenya. Given the Nubians’ experiences, indigenous and autochthonous ethnicity have eclipsed other possible principles, including nationalism, class and liberalism on citizenship matters. Liberalism and its technologies, including “impartial” citizenship status and identification, constitutions and parliamentary institutions, have some place in Kenyan politics and bureaucracy. Nevertheless, the Nubians’ experience shows that liberal ideology and technologies have been reduced to ethnic reasoning (Shilaho, 2015). The Nubians case demonstrates that inequality is characterized by inconsistency within a liberal democracy. An enduring problem in political theory research remains the difficulty in accounting for inequality among citizens in democracies, a concern of democratic theorists being: what is the relationship between ethnicity and citizenship or what could it be? Balaton-Chrimes (2014) states that a liberal conception of citizenship, as well as using the liberal approach can be used as a channel to pursue and get legal status and individual rights. Even in the acquisition of identity cards, Nubians faced difficulties, among them individual and collective recognition which can be linked to ethnicity. Identity in the study is measured in terms of citizenship which would have an influence on access to land. As a political principle, liberalism first appeared in seventeenth century England, where the greatest threat to equality and autonomy seemed to be interference from the state and society University of Ghana http://ugspace.ug.edu.gh 27 in people's private lives (Locke, 1690/1986). With this emphasis on autonomy in private life, the liberal political tradition does not consider the difference associated with citizens' (or non- citizens') private lives, including identities such as ethnicity. Instead, the tradition emphasizes equality in the form of universalism (Young, 1989) which did not in reality apply to Nubians. The liberal tradition tolerates diversity, as long as it remains confined to people's private lives and does not intrude upon the freedoms or equality of others. From this perspective, the only aspects of identity relevant to citizenship are those pertaining to individual legal entitlement to a nationality, such as place of birth and nationality of parents (Balaton-Chrimes, 2014). Nubians were qualified under these two perspectives, nevertheless, full citizenship was still not unattainable. Other features of identity, including ethnicity, ought not to be relevant to citizenship, lest they corrupt the principle of equality of individual rights and status. From the liberal perspective, difference is only relevant if it is associated with discrimination, of which the liberal tradition is, rightly, heavily critical (Balaton-Chrimes, 2014). Liberal states, therefore, (in theory) engage in practices and deploy technologies which affirm this doctrine. The difficulties that liberal states face include the recognition of group rights, for example, indigenous rights and implementation of identification technologies. Identity and nationality documentation is one of the most common means used by states to confer legal citizenship status in a universally same and equal way to all those who are legally entitled to it. Identification regimes such as national ID cards (presumably) guarantee state protection of individual rights, and affirm citizens' equality with each other. The challenges to equality and autonomy that liberalism sets out to address are still threats: in that, states and societies can be exceedingly intrusive in people's private lives. It is not clear University of Ghana http://ugspace.ug.edu.gh 28 that prominence on individuality, formal status and blindness to difference, is able to protect against these threats and enhance equality among citizens (Balaton-Chrimes, 2014). Nor is it evident that allegedly ‘liberal’ technologies like ID cards even operate, in practice, according to liberal principles. Many have expressed great concern that ID cards are in fact anti-liberal to the extent that they are a significant intrusion of the state into its citizens' private lives. The article by Balaton-Chrimes (2014), connects citizenship as documented status to a liberal conception of citizenship. It also points out the ways in which this approach is useful, as a means of obtaining legal status and possession of individual rights. Further, it identifies ways in which a liberal conception of citizenship falls short of accounting for the Nubians’ citizenship problems by neglecting the more collective dimensions of citizenship practice and recognition. Castles (2005), takes into consideration changes in citizenship rules, rise of multiculturalism, hierarchical nation-state system and hierarchical citizenship as well as working towards transnational democracy. He summarizes four main contradictions in the modern state on citizenship as between inclusion and exclusion; between the citizen and the national, between the active and the passive citizen and between the citizen as political sovereign and the warrior-citizen. A more liberal citizenship regime is certainly what anti-statelessness NGOs advocate, as do some scholars of African democracy whose argument is that ethnicity is a purely cultural phenomenon, suitable only to the private domain (Randrajarian, 1996). Citizenship is made up of multiple elements such as: membership rights of political commodities in Kenya and an analysis on the association of linking democracy and ethnicity would provide for important insights on this relationship. Both regimes of citizenship liberal University of Ghana http://ugspace.ug.edu.gh 29 and republican, present a deficit with regard to the Nubians. It could be said that none made them feel fully as Kenyan citizens. With reference to the Nubians’ case, it can be said that although Kenya’s citizenship laws and institutions may be liberal on paper, in practice, they are not. For example, they still undergo vetting when applying for ID cards whereas the other citizens are not required to. Access to land was another limitation facing the Nubians as a community. Apart from Nubians, there are other ethnic minorities in Kenya who have faced and continue to face similar challenges with regard to land rights and citizenship, particularly in accessing the national Identity Card (ID card). Among such groups are the Galjees who live in Tana River county. They are said to be Somalis from Somalia and this has been one of the reasons which has to be “cleared or vetted” before they are considered as Kenyan citizens. Further, some members of the Galjees have been accused of impersonating other ethnic communities with a view of obtaining National Identity (KNCHR, 2007). Like Nubians, some communities are subjected to vetting to ascertain their nationalities as Kenyans as part of the process to acquire an ID card. These ethnic communities include Somalis, Kenyan Arabs, but also Maasai and Tesos who live in border areas of both Kenya and its neighbouring countries of Tanzania and Uganda respectively (KNCHR, 2007). Other ethnic minority groups include: the Pemba who also have questions surrounding their status as citizens of Kenya - they are originally from Pemba Island, in Tanzania and arrived in Kenya in the early 1960s -, the Makonde of Mozambican origin living in the coastal region, migrants from Zimbabwe who settled in Kenya in the late 1960s and people from Arab communities of Yemeni and Omani descent. The Ogiek and Endorois, who are hunters- gatherers have had cases relating to loss of their land. The Ogiek have taken to court several University of Ghana http://ugspace.ug.edu.gh 30 cases against the Kenyan government since 1997 to repossess their ancestral land, against discrimination and abuse of human rights (Kimaiyo, 2004). Other marginalized minorities in Kenya include the Shirazi whose origins are linked to Shiraz and the South Western coastal region of Iran. 2.3.2 Ethnicity and Citizenship Kenya’s multi-ethnic composition exerts an influence on ‘citizenship’ and the feeling of ‘belonging’. I will mainly lean on the liberal citizenship approach and incorporate an aspect of republican citizenship touching on ethnicity. Stephen Ndegwa (2014), states that as a result of “democratic openings” in some African countries, there has been an increase in ethnic competition resulting in delayed transitions or conflict. With reference to Kenya, this situation resulted from the disputed 2007 elections and thereafter the Post Election Violence (PEV). He argues that, the stalled transition reflects the effects of republican citizenship in ethnic political communities and liberal citizenship in the national political community. This duality in citizenship provokes conflict over democracy considered as liberal majoritarian democracy and resulting in ethnic coalitions differing views in a multiethnic state like Kenya. Balaton-Chrimes (2016) concurs to the extent that there is a hierarchical nature of Kenya’s ethnicized citizenship regime and the multiple aspects of citizenship itself. Further, major traditions of democratic theory hold suspicions for what ethnicity could bring to the polity. An explanation is that civic-republicans view ethnicity as being narrow and encouraging favoritism that will weaken civic allegiance and national unity. Liberals consider that ethnicity is a form of difference that can only undermine equality, which can also be understood as universalism. Communitarians are, to a certain extent, more University of Ghana http://ugspace.ug.edu.gh 31 willing to consider the notion of some role for ethnicity, seeing community as the most effective way to support liberal values. Generally, communitarians perceive ethnicity as undermining democracy, the reason being that it is insufficiently liberal and unable to promote a sufficient degree of universal equality. Democracies characterized by ethnic diversity also see ideas of social justice, social cohesion and interpersonal responsibility taught and learnt in the ethnic community, and sometimes translated across ethnic groups (Lonsdale, 1994, 2004; Klopp 2002; Werbner, 2004). However, the multidimensional nature of ethnicity is not always dealt with sufficiently in either the Africanist or the democratic theory literature and is an emerging area of research and theory (Balaton-Chrimes, 2016). Debate touching on ethnicity and democratic theory literatures remain unresolved, as scholars continue to differ about which interpersonal practices and institutional arrangements are most suitable for dealing with ethnic (and other) difference. Citizenship and ethnicity as forms of identity may be used for the purpose of inclusion and exclusion. Ethnicity has acquired a negative image because it is practiced in the most negative sense (Nyanchoga, 2014) bringing about tension and clashes. Horowitz (1985) wrote that ethnicity is one of those forces that are community-building in moderation, and could be community-destroying in excess. Ethnicity is also seen as a relational concept, it has to do with insiders and outsiders. Emphasis is put on the information that ethnicity does not act in isolation. It interacts with such additional social forces as the rural-urban divide, the underlying class struggle, the social dialectic between men and women, and the impact of religion on society. Nyanchoga (2014), refers to ethnicity as being the ways in which collective identity gets constituted when members of a particular group move out of their traditional area and confront unfamiliar grounds, in which interactions is not organized by the same kinship and culture as within the University of Ghana http://ugspace.ug.edu.gh 32 same group or culture. However, primordial explanations of ethnicity presuppose that ethnic groups are natural and predate the colonial period (Geertz, 1963). The constructionists argue that ethnic groups are a modern social construction having been created in the late 19 th century through migrations, enslavement, conquest and marriage. The administrative imperatives of colonial rule classified people into ethnic blocs to make political and economic management easier. There is existence of ethnic imbalances of opportunity among the ethnic communities in Kenya. This is according to Rothchild (1969), whose study on ethnic inequalities in Kenya showed that disparities and imbalances resulted from factors such as social outlooks, educational circumstances, differences in regional settlement and investment, among others. The less advantaged alleged that ethnicity was an important factor in determining employment or promotions in the civil service. 2.4. Theories of Citizenship Among the theories of citizenship, the work of Marshall (1950, 1964), considered a social pluralist, has become key to conceptualizing citizenship in the 20 th century. Marshall argued that the prevalent view of citizenship in mid 20 th century as a set of civil rights and obligations was excessively narrow and formalistic. He saw the gap between social classes in Britain as an obstacle to the effective application of such civic citizenship (Heisler, 2005). Marshall (1964, p.30) went further to divide citizenship into three parts or elements of civil, political and social rights. He also stated that “those who possess this status (of citizenship) are equal with respect to the rights and duties associated with it”. However, a critique of Marshall is that although he was influenced by the Marxist theory, he did not take into consideration University of Ghana http://ugspace.ug.edu.gh 33 inequality. The Marxist theory on citizenship in the 1840’s studied modern citizenship during the French and American revolutions, proposing that limitations of citizenship could be defeated by the lower classes taking over the power after overthrowing the upper classes. Jones and Gaventa (2002), point out three approaches on citizenship as liberal, communitarian and civic republican. The liberal thought conveys that individual citizens act rationally to advance their own interest and the state’s role is to protect them as they exercise their rights (Oldfield, 1990) On citizenship in communitarian thought (Isin and Wood, 1999, p.2) state that: “Communitarians assert the group as the defining centre of identity and that all other individuals imagine themselves only in relation to the larger community as the basis of common ground” Central to civic republican thought on citizenship, it should be understood as a common public culture (Habermas, 1998; Miller 1988, and Beiner, 1995). But for migrants, the common public culture notion may not apply to them if the constitution fails to extend citizenship to them. Belamy (2008), examines two types of theories on citizenship: normative and empirical theories. The normative theories try to set out the rights and duties citizens ought to have. The normative ‘models’ of citizenship can be traced to ancient Greece and Rome. The empirical theories aim to describe and explain how citizens came to possess those rights and duties, and mostly concern the development of democratic citizenship within the nation states of Western Europe. Migrants in democratic host countries may be expected to possess the rights and duties of citizens if they are granted full citizenship. University of Ghana http://ugspace.ug.edu.gh 34 2.4.1 Liberalism and Inequality Citizenship is the core characteristic that unites individuals with diverse interests in one society and it is involved in the guaranteeing or denial of rights, in the application of law, in the economic benefits and social services and in the education, among others. However, citizenship does not promise equality to all people whether within a country or beyond its borders (Choules, 2006). According to Heisler (2005), approximately a century ago, not many people were full, equal citizens even in a formal, legal, sense. Among those excluded were foreigners, women and slaves in the Greek polis, the earliest democracy. Others were those without property, minors, ethnic and religious minorities and indigenous people, considered to have second, third, or non-citizenship status (Heisler, 2005; Castles, 2005). On exclusions and inclusions of citizenship, it is argued that the universalisation of the concept of ‘citizen’ tends to “hide the realities of exclusions under a veil of formal equality” (Mamdani, 1996; Ellison, 1999, Young, 1989) Belamy (2008) explores the internal and external dimensions of the exclusiveness of citizenship, examining the rationale for the traditional qualifications of citizenship based on class, property, gender, and ethnicity and the internal forces that challenge each. According to him, how far such exclusions are perceived as discriminatory depends on why they are imposed. There are marginalized groups such as Nubians facing similar exclusions and disadvantages (Kabeer, 2000; Mamdani, 1996; Frazer, 1997). In his analysis of post colonial African states Mamdani (1996), argues that colonialists institutionalized whites and elites as economically and culturally superior citizens, and colonized blacks as devalued subjects. University of Ghana http://ugspace.ug.edu.gh 35 All nations are equal, at least in international legal terms. Nevertheless, there is a marked hierarchy based on domination in military, economic, cultural and political affairs, the highly developed countries, transitional countries, less-developed and the failed states. Hierarchy also applies to passports and not all passports are equal. Some give easier access to more countries, whereas others have limited mobility (Castles, 2005). Hierarchical citizenship also implies that depending on their citizenship, some people will enjoy a higher level of rights and privileges compare