Identity and Articulations of Belonging- A Background Study on the Pemba of Coastal Kenya
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Nairobi, Kenya April 6, 2016
Identity and Articulations of Belonging: A Background Study on the Pemba of
Coastal Kenya
By Wanja Munaita and June Munala
Introduction
This report, which is part of a larger collaborative undertaking between UNHCR, Kenya Bureau of
Statistics, Statistics Norway and Haki Centre, focuses on the life experiences of people of Pemba
descent/immigrants who left their homelands during the 20th Century and settled along the coast
of Kenya mainly in present day Kwale, Mombasa and Kilifi Counties. Information for this report
was gathered largely through direct consultation with interlocutors from second and third
generation immigrants who came from Pemba Island of Zanzibar, Tanzania. Specifically, the
research provides a general profile of the Pemba of Kenya by investigating their historical origins
and to better understand their living situation including what issues if any they face in relation to
nationality and protection concerns. It considers what personal and social/cultural meanings the
community attaches to their life experiences and their sense of collective identity and sense of
belonging in present-day Kenya. In addition, the study identifies and highlights existing
protection gaps that exist for this population. In order to address these issues, the research team
undertook an interdisciplinary approach - combining psycho-social, anthropological and conflict
resolution perspectives. Furthermore, four kinds of qualitative methods were engaged: (1) desk
research (2) life-story/biographical interviews/focus group discussions (FGDs) with community
members - the lions' share of the work; (3) open-ended semi-structured interviews with
government representatives and local NGOs knowledgeable about this population; and (4)
participant observations. These integrated perspectives and methods assisted in learning about
the Pemba, gaining in-depth insights into their understandings of sense of belonging and
relationships within the community. Consequently, the results of this initial research will assist in
providing more information that will inform future surveys in understanding their situation and
any risks of statelessness that they may face.
Some Theoretical Assumptions and Bases of the Research
Ethnic Belonging and Identity
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The aim of this study is not to provide an elaborate theoretical analysis of the situation of the
Pemba as the study focuses more upon probing the biographical concerns in relation to various
aspects of the life experiences, including their feelings of ethnicity and social belonging. It is,
however, significant to understand the importance of ethnicity in people's lives. Even so,
understanding "ethnicity" and "collective identity" is difficult and under the best of
circumstances, fraught with many interpretive issues; sometimes seen as a “a permanent and
fundamental aspect of human identity," with claims of common origin, or even “outlook that is
adopted to achieve some specific end or to see it as the outcome of a set of particular historical
and socioeconomic circumstances"1
. In this research, we have attempted to be mindful of Banks'
recommendations and warnings as we have explored these phenomena among the different
settlements that we visited.
The concept of ethnicity is connected to issues of home and belonging with emphasis on cultural
(beliefs and practices, interpretations) and geographical (origins) elements. Oftentimes,
members of an ethnic group who migrate from their native lands, continue to be identified in
terms of their foreign origin by outsiders whilst so-called in-group members, those born in the
new homeland may also self-identify in such a manner, and may continue to be seen as such by
other communities.
Homes and Belongings
Studies have shown that the concept of home and belonging has various meanings depending on
how they are constructed and attributes given in a defined context. In this paper, we focused on
understanding this concept in the context of the Pemba. The notion of home is seen as pragmatic
(e.g. geographical locations, and buildings) and emotional/cultural attributes (e.g. customs and
traditions) that are constantly changing and reinterpreted (seen as real, imagined and/or
desired). These imagined spaces of belief, yearning, and place, homes and homelands may be
tied to an individual’s private and public memory. Therefore, notions of home in our
investigations are addressed from individual, familial and collective perspectives, looking to the
individual meanings, as well as the socio-cultural perspectives. Home also comes with spiritual,
emotional, and nationalistic/patriotic connotations. A psychological home can be defined as a
dynamic process where an individual feels a sense of belonging in which self-identity is tied to a
particular place.
Tracing the Socio-Political History of Pemba Island, Tanzania
Pemba is the second largest island in the Zanzibar archipelago, which lies on the Indian Ocean
just off mainland Tanzania in East Africa. There are three large islands in the archipelago, and
many smaller ones. The largest and most known island is Zanzibar, local name is Unguja, located
about 25 miles from Dar es Salaam, the largest city on the mainland. To the south of Unguja is
the smaller Mafia Island, and to the north is Pemba.
1
Banks, Marcus (1996). Ethnicity: Anthropological Constructions. London: Routledge
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The three main towns in Pemba are Chake Chake, the administrative capital, Wete, and the port
of Mkoani. There were trade links between the coast of East Africa and the people of Arabia,
Persia, India and as far as China as early as the first century, aided by the Monsoon trade winds.
The traders lived peacefully and intermarried with hosts, introducing Islam in the 10th century.
This reinforced ties with Arabia. The Persians arrived in 10th C and formed the Zenj Empire,
controlling Kilwa Kisiwani2
and Zanzibar, the latter emerging as a powerhouse of political rule in
East Africa. Much of the build-up of social institutions and political organisations happened
during this period where local rulers exerted control of some settlements along the coast. The
process led to the formation of independent Muslim sultanates in Zanzibar and Kilwa Kisiwani
with mixed Persian, Arab and African populations.
After about three centuries of integration between natives, Arabs and the Shirazi immigrants,
three major ethnic groups emerged, the Watumbatu and Wahadimu of Zanzibar Island and the
Wapemba of the Pemba Island. They all categorically regard themselves as Shirazis and consider
2
A community on an island off the southern coast of present day Tanzanian in East Africa
https://en.wikipedia.org/wiki/Kilwa_Kisiwani
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themselves to be the indigenous people of Zanzibar and Pemba islands. Administratively, people
were organized in small local chieftains owing their allegiance to the Shirazi Sultans of either
Kilwa Kisiwani or their local siblings. The settlements flourished and enjoyed great relations with
its visitors and sometimes between the 15th and 17th centuries some local rulers, Mwinyimkuu
in Dunga, Zanzibar, and Mkame Ndume in Pemba centered at Pujini, assumed supremacy and
ruled until the period of invasion by the Portuguese. In the 18th century at the height of the
scramble for colonies in EA between the British and the Germans, Sayyid Said retained his control
over his territories at the east African coast. He was offered a claim to the islands of Zanzibar and
Pemba and a coastal strip of 10 miles on the mainland of East Africa. By end of 19th C, the Sultan’s
control over his empire had however, declined.
After a period of confusing lines of control, Zanzibar was officially declared a British protectorate
in 1890; the sultan was retained for ceremonial purposes, but the British resident made major
decisions. The British applied hegemony with their policies of divide and rule, which created
ethnic conflicts among people of Zanzibar and Pemba.
Pemba island has been overshadowed by the popularity of its sister island Unguja. It has a long
but fortunately a not-so-chequered history as that of Unguja since it has never been the centre
of any ruling empire. Except for Mkama Ndume, who was the local ruler stationed at Pujini,
Pemba was always ruled by proxy. The Portuguese had established an administrative center at
Chake Chake but generally their rule was connected to other parts of East Africa. The Mazruis of
Mombasa ruled Pemba for a great period but were overpowered by Sayyid Said, who again ruled
Pemba from Unguja. The tendency of Pemba being ruled from Unguja continued from the period
of Omani Sultan Sayyid Said up to the present times and due to its subordinate role, it has always
been considered as sidelined by what is happening at the main cities of Tanzania.3
The islands, Pemba, Unguja and Mafia, ruled by the Revolutionary Government of Zanzibar4,
are
a semi-autonomous region of the Republic of Tanzania with a complex political history. The
United Republic of Tanzania was established in 1964 from the union of mainland Tanganyika and
3
http://pembafoundation.org/where.php accessed on 15 February, 2016
4
http://zanzibar.go.tz/. The government following the revolution of Zanzibar of 1964 leaned more towards the claim
of Africans being the true natives and at the beginning of its rule it abolished all claims of the Shirazis. Its first
president, Abeid Amani Karume whose birthplace has been a subject of intense discussion, proudly presented
himself as an African. He went on to institute forced marriages where ASP leaders were ordered to marry Arab and
Indian women against their will. All pockets of resistance were ruthlessly dealt with. Karume instituted dictatorial
Marxist/socialist policies controlling all aspects of life. During his era many intellectuals sought safe havens on the
mainland of Tanzania, Kenya and in other countries of the world. Another wave of emigrants left the islands during
the period when the government stopped food imports and encouraged self-service when life became hard and
unbearable to those who were caught attempting to import food. The reason why the Pemba left Tanzania and the
time they left are the most important elements of looking at their history. It is also relevant to note if they stopped
anywhere else and for how long, as this is relevant to the issue of whether they have relevant ties with any other
country other than Tanzania or Kenya] Karume was assassinated in 1972.
The spill overs of the death of Karume spread to the island of Pemba where scores of people were arrested. The
regime was based on dictatorial socialist policies.
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Zanzibar, after independence from Britain. Zanzibar came to this union through a bloody
revolution against its Sultan, who was a holdover from Omani rule, which dated back to the 17th
century. The Union has had a rocky existence, as has local Zanzibar politics, with cited cases of
election irregularities and some terrible incidents of post-election violence. Pemba, as the home
of the main Zanzibar opposition party, has seen some of the worst, particularly after the 2000,
2005 and the recent 2015 elections. There continues to be attempts at reconciliation both
between the Zanzibar and Tanzanian governments, and the two main Zanzibar political parties.
In recent past, a referendum approved the formation of a unity government in 2010 combining
the two main political parties. The move succeeded in reducing unrest, shifting attention to
clamor for Zanzibar to gain full independence from the mainland.
Major Thematic Findings
Geographical Locations
The Pemba are found dotted along the Kenya Coast stretching from the south, mainland and
northern coast of Kenya. The research team met many men and women who were born in
Pemba, some of whom came to Kenya at a very young age. The research teams visited several
villages in the counties of Kilifi and Kwale. The villages visited are Kichakamkwaju, Shimoni, Gazi
Vanga of Kwale County, Tezo Maweni, Matagoni, Maweni-Iran and Mayungu of Kilifi County.
According to Mzee Juma Haji Ali who resides in Kichakamkwaju, the Pemba came in two major
waves to the southern coast in the early 20th c. Between 1935-1940 many settled among the
hosts, the Wakifundi people (also sometimes subsumed within the Digo tribe) in search of better
livelihoods. The second wave of arrivals of the Pemba into Kenya was from 1963 to 1970. Many
came with their family members and others as single young men. Mzee Ali arrived at the dawn
of independence in 1964 with four children and got three other children in Kenya. Upon arrival,
Mzee Ali was able to obtain an identification document, which was later withdrawn. Once the
identity documents were withdrawn, the government of Kenya often forced the people from
Pemba to leave Kenya. His livelihood activity was mainly fishing. Mzee Ali is the last surviving
elder of the ten Pemba elders in Kichakamukwaju.
At Shimoni, the research team met the Pemba community who refer to themselves as the
WaPemba wa Mbuyuni (Pemba of Mbuyuni area). The earliest known arrivals in Shimoni
occurred in 1940. The surviving matriarch of this community is Bi (Mrs.) Simba Mwinyi Abdallah
who arrived with her late husband and gave birth to 7 children who are all alive. Bi Mwinyi has
many grand and great-grand- children. Neither Bi Mwinyi herself nor her children or grand-
children can tell her age but she cannot walk or do anything by herself any longer. They confirmed
that there are about 5 Pemba households in Shimoni. An elder from Kibuyuni Chwaka was
present in Shimoni. He informed us that there were about 5 Pemba households in his village.
According to the members of the Pemba community who met the research team,
Kichakamukwaju has about 200 households. In Gazi the team met Mzee Hamisi Ali who came to
Kenya with his children from Pemba in 1971. There are about 100 Pemba households in Gazi
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according to the Pemba informants we met. In Vanga, which is located 130 Kilometers from
Mombasa, there are more than 200 Pemba households, most likely the largest concentration of
Pemba in Kenya. Mzee Mbaruka arrived in Vanga in 1940. Mzee Barouk is one of the few Pemba
who owns the land he and his family are living on in Matagoni. In Maweni, Mzee Bakari arrived
after the Zanzibar revolution of 1964 and settled in Maweni. There are at least 10 Pemba
households in the area. At Maweni-Iran, some Pemba arrived in the 90s to seek better livelihood
opportunities. Mayungu is a fishing village 130 kms away from Mombasa. According to fishermen
informants in Mayungu area, there are more than 20 Pemba households in the fishing village.
On the north coast, informants in Tezo were hesitant to speak about their experiences and
history owing to fear to be forcibly deported, as had been common practice during the former
president Moi era. It was a common occurrence during the Moi era to round up people known
to be non- Kenyans by birth as they were considered to be illegal in the country. Many of the
Pemba the research team spoke to recall being forcibly deported to their ‘country of origin’.
Role of Governance Structures
The research team sought the views of local administration structures regarding the presence of
the Pemba in their areas of administration and services extended to the population of concern.
The team also spoke with the Tanzanian Vice Consul General to better understand the position
of the government of Tanzania.
According to the Kwale County Registrar of Persons (CRP), Dennis Mwanza, his core mandate is
registration and issuance of ID cards to Kenyans aged 18 years and above. On addressing the
plight of statelessness, he stated that the government department best placed to address the
plight of statelessness persons is the Directorate of Immigration. They are vested with the
responsibility to register stateless persons and naturalize them. Once they have a certificate of
registration or registration5
, he can then proceed to the next steps to provide national ID
documents. On the National Taskforce on Statelessness that was established to address these
issues, he is aware that a report has been submitted with recommendations for addressing the
gaps in the legislation to register stateless persons. Mr. Mwanza also informed us about some
immigrants from communities mentioned who had married local women but had yet to access
Kenyan citizenship through the prescribed naturalization process within the Kenya Citizenship
and Immigration Act, 2011. According to him, the Immigration Department is not known to have
documented any stateless persons from the known communities with naturalization papers
emphasizing the gap between available legislation and operationalization of the same in practice.
The CRP explained that vetting of applicants was conducted three times a week in different
locations of Kwale County. The biggest challenge is the low levels of awareness and diversity to
reach the population. Lack of procedures has continued to exacerbate the risk of statelessness
and the risk of becoming stateless for identified communities. He proposed the following (a)
5
A certificate issued by authority of the Cabinet Secretary upon registration of persons who have successfully
applied for naturalization in Kenya
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empowerment and assistance for instance through education, (b) promotion of economic skills,
for example; Makonde crafts, Pemba fishermen to minimize exploitation by middlemen and (c)
accessibility to land as most are regarded as squatters in the current area of abode.
Chief Rashid Kassim Mwinyihaji is in charge of four sub-locations where the Pemba reside. They
are Shimoni, Mzizima (the largest), Maga and Wasini Island. According to him, some Rwandans
and Makonde are also found in these localities. He stated that many of the Pemba came to Kenya
in 1949 when there was turmoil with the Afro-Shiraz party in Pemba. The community is regarded
as peaceful and some have intermarried with locals. They also have their own cemetery and
conduct fishing activities in Kilifi, Kwale, Lamu and Malindi. The government recognizes their
presence and supports a local school that was built through contributions from Pemba parents.
Some are known to work with government entities such as the Immigration and the Kenya
Defence Force. The greatest challenge that he sees for this group of people is that the process of
registration as Kenyans is still unclear. He reiterated that even though the Vetting Committee sits
regularly, they only attend to cases of Kenyan communities. He also admitted that some have
managed to obtain Kenyan nationality documents. A government taskforce recently completed
assessments of the population in Kinondo, Kanana, Kichakamkwaju, Vanga and Msambweni.
Findings are still to be made public. Unlike in Gazi, we noted that the Pemba of Mbuyuni, Shimoni
and Kichakamkwaju appeared to have been well integrated into the local community.
In Gazi, the community [openly] acknowledged that the local MP for Msambweni, Sheikh Dor,
provides them with assistance when they seek his help. This is usually in the form of intervening
during arrests of their fishermen for lack of required documents.
Many Pemba on the north coast recalled how difficult it was during the Moi era in Kenya.
Directives to deport persons of Pemba descent without ID cards forced many into hiding. Two
women narrated about their ordeal hiding in the bush for weeks while their children were in the
care of neighbours. One woman was in her last month of pregnancy putting her health and that
of her unborn baby in danger. The Pemba acknowledge the calm they have experienced over
time since Moi’s administration ended. They now live peacefully amidst Kenyan communities
where they have settled mainly limited by fear of movement from place to place. The Pemba,
even those with ID cards, are not in any leadership positions including local administration
positions. Some have been elected as village elders and some as members of the ‘nyumba kumi
6
’initiative. The Pemba resolve their issues through religious leaders. All of the Pemba the
research team spoke with are Muslims.
Perspectives from Government of Tanzania
6
Nyumba kumi is community-based policing or community-oriented policing that allows the police and the
community to work together to prevent and solve problems of crime, disorder and safety issues and to improve
the quality of life for everyone in that community.
http://www.nyumbakumisecurity.com/index.php/policing
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The research team met with an official from the Tanzania Consulate in Mombasa to obtain his
views regarding Pembas living in Kenya and to gain the Tanzania government position. The team
met with Vice Consul Hon. Khalfan S. Saleh. According to him, the government of Kenya perceives
the Pemba of Kenya to have links to the Islands of Pemba where they originate from. However,
Hon. Khalfan informed us that there are four main categories of the Pemba people, drawing clear
distinction among the Pemba living in Kenya: 1) Those who came before Kenya’s independence
in the 1940s and they may have come without documents. Those he said live in Shimoni,
Kichakamukwaju and along the entire coast of Kenya because of their fishing livelihood. 2) Those
who came during the Zanzibar unrest in 1964. Those moved to Kenya also for economic reasons.
They also settled along the coast of Kenya. 3) Those who come to Kenya to fish and return to
Tanzania. 4) Some Pembas live in Mombasa town conducting business. There are some Pemba
people who came to Kenya in the millennia and most recently during the 2014 disputed elections.
According to the Vice Consul, Zanzibar Island is cosmopolitan with a historically disputed history.
He said that one of the challenges their government has, is to identify the real citizens living on
the island. The people of the United Republic of Tanzania had to declare if they wanted to belong
to Zanzibar at the dawn of the republic’s independence in 1961. The government of Tanzania
recognizes the Pemba in Kenya as having arrived in Kenya from Tanzania at different times and
works on sensitizing them to observe Kenyan laws. The Tanzania government issues passports
and Emergency Temporary Permits (ETPs) to the Pemba who apply for them, mainly fishermen
and Pemba businessmen in Mombasa. According to the Vice Consul, the government would not
be in a position to issue nationality to the Pemba who came to Kenya pre-independence as they
have no links to Tanzania but have strong links to Kenya. The Vice Consul indicated that the
government of Tanzania would be willing to document Pembas who came to Kenya during the
Zanzibar revolt and the fishermen who drift back and forth between the waters of Kenya and
Tanzania.
Currently in Tanzania, the official document that proofs citizenship is the passport. However, the
government of Tanzania is working on a national ID card for its citizens and this will be new mode
of identification. The government of Tanzania often gives support to Pembas in Kenya via the
Consulate’s office. The majority of the fishermen seek assistance due to arbitrary arrests. Many
are imprisoned and often accused of offences they have not committed. Cases of arrests for lack
of fishing licences, often result in high fines not in line with the Fisheries Act. The Consul noted
that Kilifi County has a lot of issues with the Pemba living there. He gave an example of six Pembas
who were incarcerated because their boat had mechanical problems and got stranded in the
middle of the ocean accidently within the national park water. They were put in remand prison
without any evidence that they were fishing. According to the Vice Consul the Pemba who came
before independence often ask his office for help on issues of their land being grabbed as well as
issues of lack of documents. Those who came during the Zanzibar revolution in 1964 do not
frequent his office.
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The Tanzanian government does not have statistics of the different categories of the Pemba living
in Kenya and welcomes the study to identify the Pemba in order to find durable solutions to their
problems. The Vice Consul said Tanzania would not have any problems to register as Tanzania
citizens those determined as Tanzanian Pembas (emphasis on the Pemba who travel between
Tanzania and Kenya for fishing purposes and businessmen who are mainly found in Mombasa).
Tanzania has a clear process of application for naturalization7
but lacks a law to register diaspora.
Consequently, the Pemba in Kenya especially those who arrived before the independence of
Kenya and during the Zanzibar revolution in 1964 are at risk of statelessness. Kenya and Tanzania
jointly need to coordinate a durable solution for the different categories of Pembas in Kenya.
Ideologies, Culture and Values
All the Pemba community members interviewed at the various locations shared similar cultural
practices and beliefs. The community is largely patriarchal with men being decision-makers in the
home. Most are the providers of the family with income derived from the fishing trade.
According to the Pemba culture, widows are taken care of by male members of the family
irrespective of their age. However, this seems to be slowly changing as in some locations, women
seem to be allowed to be head of households. The Pemba speak Kiswahili. They do not have their
own lingua franca however some speak and understand well other Kenyan tribal languages such
as Digo, Giriama and MijiKenda with a distinct Pemba accent. Some of them have also
intermarried with Kenyans.
Unlike in their homeland where they organized themselves under chiefdoms, they do not have
any formally recognized social structures. They settle their issues locally, by selecting elders to
arbitrate over domestic matters. Some issues are resolved through the help of religious leaders.
Class and Gender
In two FGDs with women of ages between 23 -45 and above 60 women expressed some of the
main concerns they face. They stated that they have not been able to get birth certificates in
Shimoni, Kichakamkwaju and Maweni. In some instances, they have applied for birth registration
for their children and they are still holding [acknowledgements of] birth notification documents
issued since the start of 2015 as the government’s civil registry has not issued birth certificates
following the applications. In 2011, the government of Kenya announced its intention to issue
Alien Cards to persons residing in the Coast region. This led some Pembas to apply for Alien Cards
and mistakenly got issued with Refugee Cards (RC). Those issued with refugee cards cannot
obtain services that are provided to Kenyan citizens as they ‘should’ be in camps for services,
such as birth certificate issuance, and certainly cannot be issued with ID cards. The issuance of
refugee cards to persons of Pemba descent was an oversight of the Department of Refugee
Affairs, which registered foreigners as refugees on the coast for some days in September of 2011.
7
http://immigration.go.tz/module1.php?id=16
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Two women informants who hold the refugee card said they were desperate for some form of
identification document that would allow them to move from place to place.
In some of the locations visited, the Pemba informants indicated that as soon as they mentioned
their Pemba origin, it was used to turn them away from the service they sought from the
government of Kenya, including birth registration applications, which are viewed as universal in
Kenya. The problem of discrimination was widely mentioned for ID card applications as well. As
a result, a lot of their children are unable to proceed to higher education after completing primary
level national exams as they are not allowed to sit for the Primary level examinations without
birth certificates. The primary level examination outcome determines entry to secondary school.
There are many known cases of intermarriage with the locals. However, some married women in
Kichakamkwaju stated that despite the provisions in the new Constitution entitling them to
naturalization and identification documents they have not been able to successfully apply for and
gain Kenyan documents. Some of them have Kenyan documents for their children.
Most of the women conduct petty businesses such as selling food stuffs and charcoal by the
roadside. Others also work as domestic workers mainly performing household chores for
minimum amounts to provide for their children. Many of the women stated that they are unable
to be registered in women’s groups to enable them access loans that have been made available
at county and national level. Some of the women are informally trained Traditional Birth
Attendants (TBAs). However, the main challenge is that their informal skills cannot be recognized
as they do not have the opportunity to register and be issued with an official license to practice.
This has further exacerbated poverty among them even when compared with the host
community. Like their male counterparts, travel among women is limited due to harassment by
authorities for lack of documents. This has led to limited searches for opportunities for better
livelihoods outside their homes and towns hence perpetuating their disempowered position in
society. They cannot attend community functions and ceremonies such as burials and weddings
in Mombasa, Malindi and elsewhere. Some of the women have been able to represent the
community at village gatherings convened by local administrative institutions. However, they do
not have recognized representation within existing government structures. According to Bi
Kombo Hamisi, who is a women’s representative in Shimoni (an informal position), women
continue to face a lot of challenges as home-makers. Their main concern is lack of ID documents
that would enable them to be recognized as “Kenyans as they do not have any other home”.
In Gazi, women expressed concern for their children who remain idle at home with no
opportunities. In Gazi a woman told that her son would be unable to proceed to tertiary
education due to lack of school fees and a birth certificate for admission. Women in Gazi also
spoke of similar issues as the women in Shimoni, Kichakamukwaju, Vanga and Tezo Maweni. The
lack of opportunities to join womens’ groups to save and get loans from, the limited mobility bars
them from seeking opportunities outside their current residential communities. Their children
are often locked out of scholarship opportunities as they lack birth certificates among other
things. The lack of ID cards leaves them out of property ownership, they do not have bank
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accounts and they cannot vote. On a positive note, they admitted that they are not discriminated
against at the health centres when they go to seek medical assistance. In Gazi, the women stated
that they are provided with the birth notification forms upon delivery. The challenge is when they
apply for birth certificates at the civil registrar’s office where they are declared to be non-Kenyans
and simply informed that they cannot be served owing to their Pemba descent.
There are, however, some community members who have been able to access Kenyan IDs. In
Vanga and some on the north coast area (Malindi and Kilifi) of Kenya. Those who have acquired
Kenyan IDs cards had to turn to adverse coping mechanisms including claiming they are Digo,
Giriama or Bajuni people of Kenya. Many parents who did not acquire birth certificates for their
children before six months have turned to parent ‘buying’ where Kenyan parents’ names are used
to help with the application of late birth certificates. These coping mechanisms have negative
effects on the Pemba as well as the Kenyan people and the birth certificate registration system.
Some Digo people in Vanga face difficulties to obtain ID cards as Pembas sometimes pay for the
services. In cases where children “borrow” parents, their futures are unclear with regards to
inheritance of property from their parents.
Importance of Education
In all locations visited, community members expressed frustration about the lack of access to
higher education for their children due to lack of documentation. This is linked to lack of
opportunities to seek scholarships or loans for further education. Due to their limited livelihood
opportunities caused by lack of documents, the majority of the Pemba people have their children
stop their education at the end of primary level. Many spoke of the lack of financial capacity to
be able to pay for secondary education fees. In all the locations visited, this was a recurring theme
among the informants. Few Pemba children had proceeded to secondary education and
completed. There is only one known Pemba student at the Mombasa Technical University.
Livelihood Opportunities
Most Pemba men practice fishing as a livelihood activity. It is for this reason that many are found
along the East African coast as they go in search of better fishing grounds. This was also stated
by the Vice Consul at the Tanzanian Consulate in Mombasa. In a visit to the Shimoni and Mayungu
beaches, the research team was able to see the Pemba men practicing their trade. Those at
Shimoni sell their produce at the Shimoni fish market unlike the fishermen at Mayungu. Due to
constraints such as lack of access documentation, fishermen at Mayungu sell their catch including
seafood delicacies such as fish, octopus, and prawns to middle men along the beaches who
exploit them on the basis of their lack of direct access to the markets. Due to the restrictions
being imposed by the government of Kenya, Pemba fishermen in Kenya have been unable to
obtain licenses as they lack Kenyan identification documents. The Pemba fishermen who arrive
from Tanzania face heavy restrictions and conditions to renew their fishing permits. The
difficulties in obtaining fishing licenses and tough conditions for renewal have made many to turn
to farming as an alternative livelihood activity; they grow maize, millet, cassava and vegetables.
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Their biggest concern is that they do not have any documentation or own the land on which they
farm both conditions, limiting their ability to fend for their families. They live on the land like
squatters and in fear that they could be evicted at any time. During the visits the research team
came across only one Pemba man who owns the land that his family resides on. All other Pembas
informants live in fear that the land they live on will be sold thereby forcing them out to unknown
places.
Ambiguous Belonging
Many of the Pemba interviewed view themselves as Kenyans. They informed the research team
that they do not have ties to their homeland with the exception of the Pembas living in Vanga. In
Gazi the community identified themselves to the land they occupy. They claimed that they were
invited in the early sixties and were allowed to build their homes on the land. They did not name
the persons who invited them in fear it could be used against their current residence. They
expressed fears that even though they continue to reside in Gazi, they may be forcibly evicted.
Several of the other Pemba communities visited expressed fear of being forcibly evicted from the
lands on which they currently reside. The lack of any kind of documents to proof their identity or
that of their spouses and children exacerbates their situation.
Summary and Conclusions
During the informant interviews and focus group discussions, the team asked what the
communities considered priorities to improve their lives. The following recurred during the
discussions:
a) There is a need for the community to be legally recognized in Kenya with the issuance of
citizenship was the most important in all the areas visited. The majority of the Pemba
informants we spoke with identified as Kenyans as they have never returned to their
homeland of Pemba since arriving in Kenya. Those who had the opportunity to move back
and forth between Kenya and Tanzania did not seem to have sought nationality with the
Tanzanian authorities, although many had sought for assistance for services such as
extension of fishing permits and for assistance to be released from prison. Citizenship was
viewed as opening doors to rights including political rights such as voting and political
participation, equal economic and social participation, access to bursaries and
scholarships for their children and equal access to health and property ownership.
Education for the children is the second most important to enable their children to attain
better futures without perpetuating poverty cycles. The third is the issue of land
ownership which would give assurance for food security and basic shelter. Other issues
that were mentioned were issues of obtaining birth certificates for their children, which
are closely linked to access to secondary and higher education, and critically freedom of
movement hinged on issuance of citizenship. Freedom of movement is viewed as giving
equal access to opportunities to seek employment outside the current places of
residence. The possibility to be registered as Tanzanian should be capitalized on with
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information being shared with the Pembas. Follow-ups to this information would
establish who and what number of the Pembas can be registered as Tanzanian nationals.
The informants did not have information that they can apply for Tanzanian registration.
Local administration, including area chiefs, assistant chiefs, the Kwale County registrar
and the Kwale County Commissioner, view the community as peaceful and recognized
that there are gaps in the law that do not allow them to address some of the core issues
facing the Pemba. In the ten villages visited no Pemba had been implicated in actions that
put the security of Kenya at risk or arrested for any involvement in such acts.
b) There is need to clearly delineate those that have strong links to their homeland and those
who have none at all. During the information gathering visits, it was clear that the Pemba
we met came to Kenya at different times. With the exception of some Pembas in Vanga
and Mayungu, none of the other Pemba people had returned to Tanzania since their
arrival into Kenya. The importance of being able to point out the year of arrival could
guide durable solution negotiations between the Kenyan and Tanzanian authorities. The
Pembas living in Vanga return occasionally to seek better livelihood opportunities in
Pemba. An example was given of the young Pembas who go through with their education
here in Kenya. Once they complete and fail to find jobs in Kenya, some have found jobs
as English teachers in Pemba, others in the hospitality industry of Tanzania. The research
team could not establish specific numbers in this category. Similarly in Mayungu, where
movement to Tanzania is solely for fishing and to obtain fishing permits from Tanzanian
authorities. The frequency of the movements could not be established by the research
team.
c) In the eventuality that some Pembas will be naturalized as Kenyan citizens, there will be
a need to offer assistance and support to the newly naturalized Kenyans in their
integration process. Such assistance could include offering information on the
requirements for vital documents applications, training in technical skills for Pemba youth
who have not been able to access secondary education among other things. Core will be
access to education and livelihood opportunities.
d) There were mixed answers on the issues of issuance of birth certificates: while in some
areas they reported to have no problem registering the birth of their children, others
reported that they are being denied access to apply for the registration of their children.
Awareness creation is needed to help the community understand the process and to
differentiate between current and birth registration.
e) Although some Pembas have married Kenyans, some have turned to adverse coping
mechanisms to enable them to acquire Kenyan ID cards. Some of them told the issuing
authorities that they were Digo, Giriama and Wagunya. They still face discrimination on
the mention of their Pemba descent. The Kenya Citizenship and Immigration Act (2011)
provides for naturalization of spouses of Kenyan citizens after a period of 7 years. This is
a challenge for Pembas married to Kenyans to proof if they are in unregistered marriages,
as registration of marriages in Kenya requires an ID card.