ACERWC African Committee of Experts on the Rights & Welfare of the Child existence, registration provides children with the ‘possibility to access immediately available health, social security, social care and education services, registration of a child provides a proof of his/her age against various potential abuses such as trafficking, sexual abuse, child marriage, child labour and enrollment in armed forces.’92 Notably, state parties have made attempts to give effect to this right. For instance, the Constitution of Kenya 2010 under Article 53(1) provides that ‘every child has the right to a name and nationality from birth.’ Article 14(4) of the Constitution of Kenya 2010 provides that a ‘child found in Kenya who is, or appears to be, less than eight years of age, and whose nationality and parents are not known, is presumed to be a citizen by birth.’ Kenya’s Children Act No. 8 of 2001 under Article 11 provides that every child is entitled to a name and nationality and in cases where a child is deprived of his identity the Government should provide appropriate assistance and protection, with the aim of establishing his or her identity. On the enforcement of the right to a name, nationality and birth registration in Kenya, the ACERWC made the observation in the box below: Name, nationality and birth registration The Committee appreciates the growing rate of birth registration and that of free birth registration available within 6 months of birth. However, only 60% of the Kenyan children are registered. The Committee recommends the intensification of the campaign on birth registration, including creating awareness that registration is free, making registration easily accessible in all areas of the country and expediting the process of making registration of vital events digital. Concluding Recommendations by the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) on the Kenya 1st Periodic Report on the Status of Implementation of the African Charter on the Rights and Welfare of the Child Para 22. In Burkina Faso, it is required that a child’s birth be declared and registered at the birth registry within a period of two months.93 In the event that the birth is not declared during the specified period, it will only be registered by virtue of a judgment delivered by a civil status court at the place of birth.94 The rate of registration of birth in Burkina Faso is low despite awareness campaigns because of factors such as the expense of obtaining the certificates, challenges in accessing registration offices and ignorance and birth away from health facilities.95 In respect to nationality, a child born in Burkina Faso, to parents either of whom is a Burkinabe or whose parents are unknown and cannot be identified with any other nationality is entitled to nationality.96 In Cameroon every child born in the country is entitled to a name, the process of birth registration, which operationalizes the right to a name and identity, is provided for by the 1981 ordinance governing civil status registration.97 However, some births in the country go undeclared and therefore are not registered for many years, particularly in rural and marginalized communities.98 Under the Nationality Code of 1968, a child born in Cameroon has right to Cameroonian nationality 92 93 94 95 96 97 98 As above. African Child Policy Forum (ACPF), Harmonisation of Children’s Laws in Burkina Faso Country Brief: Harmonisation of Children’s Laws in West and Central Africa (2012) p 13. Burkina Faso Persons and Family Code Article 106. As above. Burkina Faso Persons and Family Code Article 140-143. ACPF, Harmonisation of Children’s Laws in Cameroon Country Brief: Harmonisation of Children’s Laws in West and Central Africa (2012) p 23. As above. 30