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Civil Registration & Human Rights UNICEF East & Southern Africa Regional Office 7th Africa Symposium on Statistical Development January 2012 Cornelius.

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Presentation on theme: "Civil Registration & Human Rights UNICEF East & Southern Africa Regional Office 7th Africa Symposium on Statistical Development January 2012 Cornelius."— Presentation transcript:

1 Civil Registration & Human Rights UNICEF East & Southern Africa Regional Office 7th Africa Symposium on Statistical Development January 2012 Cornelius Williams Regional Adviser UNICEF ESARO

2 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 60- 70% OF A LL C IVIL E VENTS R EGISTERED C URRENTLY IN A FRICA )

3 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))

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

5 The International Legal Framework Convention on the Rights of the Child

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

7 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

8 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 ”)

9 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%)

10 Birth Registration & 3 Basic Material Needs

11 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

12 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

13 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


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