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 S TARTING POINT FOR RECOGNITION OF A PERSON ’ S LEGAL EXISTENCE K EY TO REALIZATION OF NEARLY ALL FUNDAMENTAL RIGHTS AND ENTITLEMENTS A CCOUNTS FOR % OF A LL C IVIL E VENTS R EGISTERED C URRENTLY IN A FRICA )

The International Legal Framework T HE A FRICAN C HARTER ON THE R IGHTS AND W ELFARE OF THE C HILD : D EFINES A CHILD AS ANYONE BELOW 18 YEARS OF AGE, WITHOUT ANY EXCEPTION. THE C HARTER, LIKE A RTICLE 7 OF THE CRC, REQUIRES THE IMMEDIATE BIRTH REGISTRATION OF ALL CHILDREN AS WELL AS PROVIDING THEM WITH A NATIONALITY (A RT. 6) T HE C ONVENTION ON THE R IGHTS OF THE C HILD (CRC): A LL CHILDREN, REGARDLESS OF NATIONALITY, RACE, LEGAL OR OTHER STATUS ARE ENTITLED TO REGISTRATION IMMEDIATELY AFTER BIRTH (A RTICLE 7) T HE C ONVENTION ON C IVIL AND P OLITICAL R IGHTS : “E VERY CHILD ” HAS THE RIGHT TO THE PROTECTION WHICH HIS STATUS AS A MINOR GRANTS HIM, “ WITHOUT ANY DISCRIMINATION AS TO …. NATIONAL OR SOCIAL ORIGIN ” (A RTICLE 24(1))

The International Legal Framework African Charter on the Rights & Welfare of the Child

The International Legal Framework Convention on the Rights of the Child

The International Legal Framework African Charter on the Rights and Welfare of the Child

Registering the Births of All Children O BLIGATION TO R EGISTER B IRTHS OF A LL C HILDREN I MMEDIATELY AFTER B IRTH, C REATING AN O BLIGATION FOR THE S TATES TO F ACILITATE B IRTH R EGISTRATION : – I N THE C OUNTRY OF B IRTH – F OR ALL C HILDREN B ORN IN THE C OUNTRY

Right to Nationality – N ATIONALITY LAWS REGULATE NATIONALITY... BIRTH REGISTRATION DOCUMENTS A BIRTH – B IRTH C ERTIFICATES S ERVE AS P ROOF OF N ATIONALITY BY : R EFLECTING PARENTAL AFFILIATION AS PROOF OF NATIONALITY FOR COUNTRIES WHICH OFFER CITIZENSHIP BY DESCENT (“J US S ANGUINIS ”) R EFLECTING THE PLACE OF BIRTH, SERVING AS PROOF OF NATIONALITY IN COUNTRIES WHICH OFFER CITIZENSHIP BY BIRTH ON THE TERRITORY OF THE COUNTRY (“J US S OLIS ”)

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) Improvement9 (12%) No Change3 (3%) Deterioration16 (26%) Unknown25 (59%)

Birth Registration & 3 Basic Material Needs

Why The Impasse? T HE P UBLIC C ASE OF C IVIL R EGISTRATION IS N OT M ADE – N OTWITHSTANDING ITS L EGAL AND G OVERNANCE I MPORTANCE T HE P RIVATE C ASE IS N OT IN P LACE OTHER THAN FOR S OCIAL AND U RBAN E LITES C IVIL R EGISTRATION C OMPETES WITH N ATIONAL ID S WHILE THE L ATTER IS Q UESTIONABLE WITHOUT THE F ORMER I N M ANY A FRICAN C OUNTRIES THE L OGISTICAL C HALLENGE IS H UGE E CONOMIC D EVELOPMENT, R ELATIVE S CARCITY OF P UBLIC AND P RIVATE R ESOURCES AND R ELATIVE P UBLIC AND P RIVATE C OST OF C IVIL R EGISTRATION T HE U NDERDEVELOPED P ERCEIVED N EED FOR P ERSONAL I DENTITY D OCUMENTATION, ESPECIALLY FOR THE U-18

Current Drivers for Registration P UBLIC AND P RIVATE D EMAND FOR I DENTITY M ANAGEMENT E STABLISHING THE R ELATION BETWEEN S TATE, C ITIZENS AND R ESIDENTS – FOLLOWING FROM E CONOMIC D EVELOPMENT P UBLIC M ANAGEMENT OF C LAIMS TO N ATIONALITY AND R ESULTING A CCESS TO P ROTECTION AND E NTITLEMENTS G LOBALIZATION, I NTERNATIONAL M IGRATION AND D OMESTIC AND I NTERNATIONAL S ECURITY

Going Forward T HE ECA M INISTERIAL P ROCESS – P OTENTIAL A ND L IMITATIONS I NTER - SECTORAL L INKAGES – GOVERNANCE & C IVIL REGISTRATION P ARTNERSHIPS A CROSS R EGIONS – E XCHANGE G OOD P RACTICE W ITH L ATIN A MERICA & A SIA – P ARLIAMENTARIANS C ONSTITUENCY – N ETWORKS O F C IVIL R EGISTRARS B ASIC PRINCIPLES OF UNIVERSAL ACCESS – R EMOVAL LEGAL & ADMINISTRATIVE BARRIERS – S PECIAL STRATEGIES FOR EXCLUDED / MARGINALIZED GROUPS