African Centre for Statistics United Nations Economic Commission for Africa Systemic, Institutional and Infrastructural Challenges in CRVS in the African Region: Legal Framework 7 th Africa Symposium on Statistical Development (7 th ASSD) Lagoon Beach Hotel Cape Town, South Africa 18 – 20 January 2012

African Centre for Statistics 2 Objectives of the Presentation 2 Provide background to the breakout session Share some facts from the assessment study Provide some technical suggestions Discuss on future action points

African Centre for Statistics 3 Some facts form the Assessment Study 3 Reports received from 32 countries 31 countries have separate Civil Registration Act Laws of 9 countries provide for compulsory registration of all five events namely live birth, death, fetal death, marriage and divorce In 21 countries the law provides for collection and transmission of data/information

African Centre for Statistics 4 International Principles of Civil Registration Legislation 4 Principle of Legality “Civil registration law and its regulations must be predicated on the need for civil registration to exactly reflect reality, by establishing specific rules to achieve that purpose and by making the registrar broadly accountable for ensuring and verifying that the events registered are consistent with real life”

African Centre for Statistics 5 International Principles … Cont’d 5 Protecting the Interest of Individuals “The civil registration law and its regulations should contain provisions that give individuals ready access to the service, as well as appropriate information on their registration rights and obligations”

African Centre for Statistics 6 International Principles … Cont’d 6 Principle of Official Status “The registrar has broad powers to ensure that the data registered agree with real life outside the registry office … the civil registration law must give the registration agency the power to promote, update or correct entries in the register ”

African Centre for Statistics 7 International Principles … Cont’d 7 Compulsoriness of Registration “In order for civil registration to be complete to provide the official record of a person’s existence, identity and personal and family situation, and to provide full and reliable information on the vital events registered, registration must be compulsory”

African Centre for Statistics 8 International Principles … Cont’d 8 Simplification “The registration legislation should seek to ensure that the service operates smoothly through rules that allow the registration mechanism to be streamlined and simplified … Uniform models should be prescribed for the relevant declarations and medical certifications and for the entries relating to each registerable event as well as models for issuing the corresponding certificates”

African Centre for Statistics 9 International Principles … Cont’d 9 Free Service “Charging fees for registration acts should be viewed as an exception to the general principle of free service”

African Centre for Statistics 10 Core Requirements in Improving Civil Registration Legislation in Africa 10  The civil registration law should be in tune with social and religious customs of the country;  If the legal setting of the country permits segregate the bare act from the rules;  The Statistics Act should have provisions for compilation of vital statistics form civil regsitration

African Centre for Statistics 11 Core Requirements in Improving Civil Registration Legislation in Africa 11  The CR law should have the following essential elements  Definition of vital events;  Provision for complete coverage;  Organization structure and coordination mechanism;  Duties and responsibilities of registration functionaries;  Responsibilities of informants;

African Centre for Statistics 12 Core Requirements in Improving Civil Registration Legislation in Africa 12  The CR law should have the following essential elements  Process of registration – time limit, late and delayed registration, issue of certificates;  Collection and transmission of legal and statistical information;  Registration forms;

African Centre for Statistics 13 Core Requirements … Cont’d 13  Civil registration laws enacted before 2009 need to be reviewed against  the recent UN recommendations on civil registration legislation and  the current regional initiative on reforming and improving CRVS systems in Africa

African Centre for Statistics 14 Recommendations and Resolutions from Regional Fora 14  Tanzania Regional Workshop Recommendation (2009) “Countries are advised and encouraged to revisit and update their civil registration laws and statistical legislations in-line with current developments and take measures that ensure their proper implementation”

African Centre for Statistics 15 Recommendations and Resolutions … Cont’d 15  First Ministerial Conference Resolution (2010) “Formulate laws and policies that ensure timely and compulsory registration of vital events occurring within our countries, with guarantees for equal access to the system for all persons. In this regard, we commit to revise and update our CRVS laws and statistical legislation in line with international and regional guidelines and recommendations, by allocating adequate human and financial resources for this purpose”

African Centre for Statistics 16 Strategic Directions in Improving Civil Registration and Vital Statistics Legislations in Africa 16  Urge for renewed global standards and directives  Propose standard civil registration legislation drafting technique for Africa  Prepare regional operational guideline on civil registration legislation  Work towards consolidated and standardized civil registration law in a country

African Centre for Statistics 17 Way Forward –Actions at Regional Level 17  Re-orient countries as per the assessment results and APAI-CRVS guideline  Endorse techniques and procedures of revision of national civil registration legislations  Example – adopting techniques of evidence- based legislation – Ann Seidman and Robert B. Seidman

African Centre for Statistics 18 Way Forward – … Cont’d 18  Conduct trainings on techniques and procedures of preparation of national civil registration legislations interfaced with vital statistics  Proposed contents of the regional operational guidelines  Mentor countries in preparing or updating civil registration legislations Monitor progress

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