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. 31

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