An Assessment of the Implementation of the Economic and Social Rights of the Makonde People in Kenya

On 16th October 2016, President Uhuru Kenyatta of Kenya decreed that the Makonde community should be included as Kenya’s 43rd tribe. The Makonde who had initially come to Kenya from Mozambique as from 1936 to work on sisal farms in coastal Kenya had been stateless ever since. Their inclusion as Kenya’s tribe meant they had crossed the rubicon; being the pioneer stateless community to be registered ever since the promulgation of the Constitution of Kenya in August 2010 showed progressive steps to eradicating statelessness in Kenya. Noting that the Makonde are enjoying their civil and political rights, the elephant in the room is whether or not the Makonde enjoy their economic and social rights. The economic and social rights, unlike the civil and political rights require budgetary commitments hence the need for progressive realization over time. While there are three levels of indicators used to measure and assess human rights, this study focuses on the outcome indicators which specifically measure rights in progress; which are rights as enjoyed by the rights holders. The six indicators this study focuses on relate to the right to work, right to land and adequate housing, right to health, right to adequate food, right to social security and right to education. One of the key highlights of this study is that the right to land and adequate housing is almost nonexistent with 80% of the Makonde respondents living as squatters. From the findings of this study the right to work has been advanced but far from being achieved by the majority. In a seemingly different case, the right to healthcare and education are progressive and the Makonde are enjoying these two rights without any discrimination, just like any other Kenyans. Being the pioneer stateless community to be registered as Kenyans after the promulgation of CoK in 2010 means they are a pace setter for other stateless communities in Kenya and their civil, political as well as economic, social and cultural rights should be respected, protected and fulfilled to the letter. The progressive realization of the economic and social rights of the Makonde people is in the spirit of pacta sunt servanda since Kenya is a signatory to the Universal Declaration of Human Rights of 1948 which articulates in Chapter 1 that all human beings are born free and equal in dignity and rights.