Law n ° 64-373 of October 7, 1964 amended by Law No. 83-799 of 2 August 1983 on civil status
stipulates in Article 1 that every person must have a name. Establishing the principle that the name
is acquired by lineage, Articles 2-4 bis establish the mode of name assignment depending on the
nature of the existing lineage between the child and his parent. As the right to a name is
recognised for all, the child for which no parentage is established shall be given a name by the civil
registrar to whom his/her birth or discovery is declared.
Previously, the Law required reporting any birth within a period of 15 days, however following the
adoption of Law No. 99-691 of 14 December 1999, births must now be declared within a three
months period ( Art. 41 again). The declaration and registration are free, the issuance of a birth
certificate requires the payment of a fiscal stamp of 500 FCFA per certificate.
When a child has not been reported within this period, the lack of birth certificate may be resolved
through a court ruling issued upon application to the tribunal or the court section where the certificate
should have been issued (Article 82 law 99-691). Parents must attend the hearing with a certificate of
non-declaration issued by the registry office where the child should have been declared as well as with
the child's birth book. Otherwise, two adults will attend the hearing to testify of the veracity of the facts
alleged by the applicants. An expert statement including a certificate of physiological age will determine
the age of the child.
As part of its legal and judicial assistance programme to children in conflict with the law, BICE has
facilitated public hearings for the establishment of court orders for more than 100 children in difficult
situation. To do this the BICE doctor, who is a certified expert has established physiological age
certificates for this purpose. Also as part of other programmes to assist children in difficult situation,
about fifty court orders were issued.
2. Administrative measures
Nearly one in four children (24%) did not have their birth registered and more than one in three (37%)
did not have birth certificates in 2012 [EDS-MICS 2011-2012]. Children in rural areas are much less
frequently registered that children in urban areas: 66% against 90%. This equally applies with regard to
holding a birth certificate (48% against 84%).
To overcome this lacuna which is the consequence of the socio-political crisis as well as many
cultural and administrative obstacles, various measures have been taken:
Holding of public hearings
• Special public hearings for 0-13 years
Through the DPJEJ and with the support of UNICEF, the Ministry of Justice organised special sessions
of the public hearings with the view of granting short birth certificates for children aged between 3
months to 14 years. These processes, which took place between 2003 and 2006, reached out to a total
of 55,605 children who received notifications to be issued court orders.
Table 2: Results fairground hearings specifically for the 0-13 years
Between 2010 and June 2013, with the support of UNICEF, 4.586 court orders were issued to
unregistered children in time in the CNO zones.
Support for obtaining the short birth certificate is also provided by partners such as NRC, IRC, Save the
Children as part of different projects they lead across the whole national territory.
Through the LEGACY project, since January 2009, IRC has helped establish 13872 court orders
RAPPORT INITIAL SUR LA MISE EN OEUVRE DE LA CHARTE AFRICAINE DES DROITS ET DU BIEN ÊTRE DE L'ENFANT
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