Civil Registration & Human Rights

UNICEF East & Southern Africa Regional Office

7th Africa Symposium on Statistical Development January 2012

Cornelius Williams Regional Adviser UNICEF ESARO

The “First Right”- registration of births

• STARTING POINT FOR RECOGNITION OF A PERSON’S LEGAL EXISTENCE

• KEY TO REALIZATION OF NEARLY ALL FUNDAMENTAL RIGHTS AND ENTITLEMENTS

• ACCOUNTS FOR 60-70% OF ALL CIVIL EVENTS REGISTERED CURRENTLY IN AFRICA)

Africa

Sub-Sa

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Africa

West

and Cen

tral A

frica

Middle Ea

st an

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ca Asia

South Asia

East

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Latin Ameri

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CEE/C

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Develo

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Least

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0

20

40

60

80

100

120

Birth Registration Rates 2000-2009 –Lowest Birth Registration Rates in the World

TotalUrbanRural

The International Legal Framework

• THE AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE CHILD: DEFINES A CHILD AS ANYONE BELOW 18 YEARS OF AGE, WITHOUT ANY EXCEPTION. THE CHARTER, LIKE ARTICLE 7 OF THE CRC, REQUIRES THE IMMEDIATE BIRTH REGISTRATION OF ALL CHILDREN AS WELL AS PROVIDING THEM WITH A NATIONALITY (ART. 6)

• THE CONVENTION ON THE RIGHTS OF THE CHILD (CRC): ALL CHILDREN, REGARDLESS OF NATIONALITY, RACE, LEGAL OR OTHER STATUS ARE ENTITLED TO REGISTRATION IMMEDIATELY AFTER BIRTH (ARTICLE 7)

• THE CONVENTION ON CIVIL AND POLITICAL RIGHTS: “EVERY CHILD” HAS THE RIGHT TO THE PROTECTION WHICH HIS STATUS AS A MINOR GRANTS HIM, “WITHOUT ANY DISCRIMINATION AS TO ….NATIONAL OR SOCIAL ORIGIN” (ARTICLE 24(1))

The International Legal FrameworkAfrican Charter on the Rights & Welfare of the Child

The International Legal FrameworkConvention on the Rights of the Child

The International Legal FrameworkAfrican Charter on the Rights and Welfare of the Child

Registering the Births of All Children

• OBLIGATION TO REGISTER BIRTHS OF ALL CHILDREN IMMEDIATELY AFTER BIRTH, CREATING AN OBLIGATION FOR THE STATES TO FACILITATE BIRTH REGISTRATION:– IN THE COUNTRY OF

BIRTH– FOR ALL CHILDREN

BORN IN THE COUNTRY

Right to Nationality

– NATIONALITY LAWS REGULATE NATIONALITY... BIRTH REGISTRATION DOCUMENTS A BIRTH

– BIRTH CERTIFICATES SERVE AS PROOF OF NATIONALITY BY:

• REFLECTING PARENTAL AFFILIATION AS PROOF OF NATIONALITY FOR COUNTRIES WHICH OFFER CITIZENSHIP BY DESCENT (“JUS SANGUINIS”)

• REFLECTING THE PLACE OF BIRTH, SERVING AS PROOF OF NATIONALITY IN COUNTRIES WHICH OFFER CITIZENSHIP BY BIRTH ON THE TERRITORY OF THE COUNTRY (“JUS SOLIS”)

Birth Registration Stagnant, or Even Declining

Changes Between MICS Survey By 2004 and MICS Survey by

2011

Number of African Countries and

Territories (% of the African Population)

Improvement 9 (12%) No Change 3 (3%)Deterioration 16 (26%)Unknown 25 (59%)

Birth Registration & 3 Basic Material Needs

0%

20%

40%

60%

80%

100%

120%

Birth Registration 3 Basic Materials needs

Why The Impasse?

• THE PUBLIC CASE OF CIVIL REGISTRATION IS NOT MADE – NOTWITHSTANDING ITS LEGAL AND GOVERNANCE IMPORTANCE

• THE PRIVATE CASE IS NOT IN PLACE OTHER THAN FOR SOCIAL AND URBAN ELITES

• CIVIL REGISTRATION COMPETES WITH NATIONAL IDS WHILE THE LATTER IS QUESTIONABLE WITHOUT THE FORMER

• IN MANY AFRICAN COUNTRIES THE LOGISTICAL CHALLENGE IS HUGE

• ECONOMIC DEVELOPMENT, RELATIVE SCARCITY OF PUBLIC AND PRIVATE RESOURCES AND RELATIVE PUBLIC AND PRIVATE COST OF CIVIL REGISTRATION

• THE UNDERDEVELOPED PERCEIVED NEED FOR PERSONAL IDENTITY DOCUMENTATION, ESPECIALLY FOR THE U-18

Current Drivers for Registration

• PUBLIC AND PRIVATE DEMAND FOR IDENTITY MANAGEMENT ESTABLISHING THE RELATION BETWEEN STATE, CITIZENS AND RESIDENTS – FOLLOWING FROM ECONOMIC DEVELOPMENT

• PUBLIC MANAGEMENT OF CLAIMS TO NATIONALITY AND RESULTING ACCESS TO PROTECTION AND ENTITLEMENTS

• GLOBALIZATION, INTERNATIONAL MIGRATION AND DOMESTIC AND INTERNATIONAL SECURITY

Going Forward

• THE ECA MINISTERIAL PROCESS– POTENTIAL AND LIMITATIONS

• INTER-SECTORAL LINKAGES – GOVERNANCE & CIVIL REGISTRATION

• PARTNERSHIPS ACROSS REGIONS– EXCHANGE GOOD PRACTICE WITH LATIN AMERICA & ASIA– PARLIAMENTARIANS CONSTITUENCY– NETWORKS OF CIVIL REGISTRARS

• BASIC PRINCIPLES OF UNIVERSAL ACCESS – REMOVAL LEGAL & ADMINISTRATIVE BARRIERS– SPECIAL STRATEGIES FOR EXCLUDED/MARGINALIZED

GROUPS