1. Pacific Best Practice guidelines for CRVS legislation
Karen Carter
Statistics for Development Division
Pacific Community

2. A core priority for the Pacific……..
Identified in many national assessments as a key priority for action.
Much of the current legislation in the region is out of date
(Oldest – Nauru 1957)
The Pacific has made some important legal commitments around CRVS – especially through the Asia-Pacific CRVS Decade and RAF
Multiple countries currently undertaking legal revisions with BAG partner support: Vanuatu, Tonga, Solomon Islands

3. Year of most recent legislation
Country
Year of most recent legislation
Major Acts/ Mechanisms/ Regulations (year enacted)
Nauru
1957
Births, Deaths and Marriages Ordinance (1957)
Papua New Guinea
1963
Civil Registration Act (1963)
Tokelau
1969
Births and Deaths Regulations (1969)
FSM
1982
Code of the Federated States of Micronesia (Chapter 1 – Health services administration) (1982)
Niue
1984
Births and Deaths Registration Regulations (1984)
Tonga
1988
Births, Deaths and Marriages Registration Act (1988)
Solomon Islands
1996
Births and Deaths (Registration) Act (1996)
Births, Marriages and Deaths Registration Act (1996)
Guam
1997
Chapter 2: Vital Statistics (1992)
Samoa
2002
Births and Deaths Registration Ordinance (1920) – Historical only
Births, Deaths and Marriages Registration Act (2002)
American Samoa
2003
American Samoa Statistical Act (2003)
CNMI
2006
Vital Statistics Act of 2006
Vanuatu
Civil Status (time for making declaration) (1975)
Civil Status (Registration) Act (1988)
Burials Act (1988)
Civil Status (Registration) Act (2006)
Civil Status (Registration) Act 2014 (in development)
Cook Islands
2007
Births and Deaths Registration Act (1973)
Births and Deaths Registrations (Fees) Regulations (1998)
Births and Deaths (Amendment) Act (2007)
Kiribati
Births, Deaths and Marriages Registration Ordinance (1968)
Births, Deaths and Marriages Registration (Amendment) Act (2007)
Tuvalu
2008
Births, Deaths and Marriages Registration Act (2008)
Palau
(2011)*
1979
Court Order – In the Matter of Birth Certificates (22 Sept 2011)
Section 34 Palau National Constitution (1979)
RMI
2012
Births, Deaths and marriages (and missing persons amendment) Act (2007)
Births, Deaths and Marriages Registration Act (2012)
Fiji Islands
2014
Births, Deaths and Marriages Registration Act (1975)
Births, Deaths and Marriages Registration (Amendment)Act (2014)

4. KEY problems Clarity of roles and responsibilities
Ambiguity of reporting requirements for births and deaths
Enforcement/Application of legislation
Contradictory or outdated legislation
Data protection
Costs and finance provisions
Late registration
doctors have expressed concern regarding the procedural expectation for them to act outside of the law in issuing certificates for deaths that occurred in the past
registration of births to single mothers without the father having to be named
Fees may legally only be able to be collected by another ministry or may not allow electronic processes,  
Social issues
managing adoptions – both within families, and to prevent inappropriate overseas adoptions.
responsibility (and associated procedures) for health professionals to forward deaths potentially due to assault or injury for further investigation,  
Infrastructure and resourcing are not covered in the act
Delegation and System design

5. Emerging Needs
Emerging technology and the movement of people across the region have also highlighted new opportunities and needs.
allowing for the use of electronic registers in place of paper forms,
the potential use of mobile technology to improve registration coverage,
provisions to share data across borders to the place of initial registration in order to “close” a registration or identity when someone dies, and
protection of data while facilitating legitimate uses either within government (such as for electoral rolls) or external to the government system (such as for duly approved health research).  
National ID systems and e-government processes to improve data sharing, planning and governance and improved accessibility to registration;
civil registration is critical for assigning legal identity (and closing these records as a person dies) as the foundation for both of these broader functions to be successful.

6. BEST PRACTICE not “MODEL LEGISLATION”
Draws from a broad range of existing principles and standards; as well as direct partner experience and country feedback
Reviewed by all PICTs
Recognition of the differences
in administrative structures
and historical legal frameworks across the region and the subsequent difficulties in developing a relevant model format.
Request from PICTs for a more modifiable approach.
Similarly, while many provisions will fall under a central CRVS act of some kind, others may be adequately covered under various other acts or mechanisms.
2 main sections:
Principles for CRVS legislation
Core elements and examples

7. Principles Be Inclusive
Be Accountable
Provide the basis for legal identity
Be compulsory
Prevent discrimination
Support registration as a free service
Protect the interests of individuals
Clearly outline roles and responsibilities, procedure, and penalties.
Encourage good record management and protection.
Protect the official status of the data
Support data sharing for legitimate use by the government and other relevant players
Support data sharing with international registry partners within the region
Encourage the sustainability of the registry office as a core government function through appropriate resourcing.
Be consistent with other acts and mechanisms
Protect registry and associated staff
Encourage the formalised collection of cause of death data
Require that vital statistics are regularly produced, verified and made publically available.
Support simplicity including through:
The use of plain, easy to understand language
Support for one national structure, rather than multiple parallel systems.
Be sufficiently flexible and responsive to support overall system improvement and allow for improvements in procedures and technology.
Allow for regular revision and updates

8. Core Components Purpose and functions Scope – population
Scope – events
Registers
Certificates/ legal documents
Roles and functions of key stakeholders
Delegation and authority
Compulsory nature of registration
Responsibilities for reporting
Timeframes for reporting
Evidence for registration
Registration processes
Births
Legitimisations
Adoptions
Name changes
Deaths
Burial
Late registration provisions
Causes of death
Medical Certification
Framework for Verbal Autopsy
Unnatural deaths
Corrections and amendments
Data protection
Data sharing and access
Legitimate use of data
Research applications
Off-island events
Public enquiries
Closed records
Statistical Use
Fees and penalties
Payments for registry functions
Penalties
Interference with registry functions/ staff
Complaints and review
Infrastructure and resourcing
General legal provisions
General set-up
Relationship with Other acts
Definitions
Ability to formulate and enact regulation/ policy
Transitory and derogatory provisions (incl. dates)

9. Process
Initial assessment should be based on comprehensive assessment (based on WHO framework), stakeholder consultation and system process mapping
Determine if legal review is the national priority
CRVS committee to consult with key stakeholders
Determine if a revision or new legislation is required
Ensure that key issues have been identified
Deal with structural decisions before starting on drafting
LEGISLATION SHOULD SUPPORT GOOD SYSTEM DESIGN – IT SHOULD NOT DRIVE DECISIONS ABOUT THE OVERALL STRUCTURE OF THE SYSTEM
Best practice guidelines provide both a “lens” for evaluating proposed changes to address issues identified and provides examples as a “checklist” of key elements to consider including.