Mapping Children on the Move within Africa
whether or not the parents have a Cameroonian descent.99 This extends to a child whose parentage
is unknown or who cannot lay a claim to any other nationality, and where born in Cameroon.100
In Ghana, the Births and Deaths Registration Act of 1965 makes registration of births and
deaths compulsory. According to Section 8(1) of the Act, it is required that every child be registered
in the district where he or she is born. In line with Section 8(2) of the Act, in cases where a child
is found abandoned, the birth is to be registered by the registrar of the particular district the child
is found. The Births and Deaths Registration Act applies to every child born within the Ghanaian
territory, even where the parents are not of Ghanaian nationality.101 Therefore, children born to
refugees, displaced persons as well as asylum seekers are entitled to birth registration and may
claim Ghanaian nationality or that of their parents once they attain maturity.102
In the case of Uganda, Article 18 of the Constitution provides for birth and death registration
by the state. However, the ACERWC noted that the rate of registration of births and deaths is
low. The observations of the Committee in relation to Uganda are as shown in the box below:
Article 6: Name and Nationality
Even though article 18 of the Ugandan Constitution provides for the registration of births, the Committee
finds that the rate of births and deaths declarations is low.
The Committee recommends the State party to ensure that registration of children at birth is mandatory
and free. The Committee also urges the Government to raise the awareness of local authorities and
populations about the future consequences of the non-registration of children on the civil status registry.
Recommendations and Observations sent to the Government of the Republic of Uganda by the African
Committee of Experts on the Rights and Welfare of the Child on the Initial Implementation Report of the
African Charter of the Rights and Welfare of the Child.
In Tanzania birth registration is mandatory under the Births and Deaths Registration Act of 2002
and the Law of the Child of 2009. Through these pieces of legislation, the government recognizes
every Tanzanian child’s right to a name and nationality and further places the responsibility to
register the birth of a child on the parents or guardian.103
The ACERWC in General Comment No.2 requested state parties, which have not put in
place civil registration laws to adopt them, those with civil registration legislation which is not
implemented to implement it and those with deficient or outdated laws to align them with the
international law standards through law reform.104 The ACERWC also pointed out that the rights to
a name, birth registration and to acquire a nationality should be implemented through taking into
account the best interests of the child, non-discrimination, survival and development of the child
and child participation.105 The ACERWC in General Comment No.2 further emphasized that children
born to vulnerable parents such as nomads, parents with disabilities, refugees, asylum seekers or
99
100
101
102
103
104
105
As above.
Cameroon Nationality Code of 1968, Section 12.
ACPF, Harmonisation of Children’s Laws in Ghana Country Brief: Harmonisation of Children’s Laws in
West and Central Africa (2012) p 54.
As above.
See Concluding Observations and Recommendations of the African Committee of Experts on the Rights
and Welfare of the Child to the Government of the United Republic of Tanzania on its Combined Second,
Third, and Fourth Periodic Report on the Implementation of the African Charter on the Rights and Welfare
of the Child.
ACERWC General Comment No. 2 (n 83 above) Para 11 & 12.
ACERWC General Comment No. 2 (n 83 above) para 13.
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