- 5Civil Rights
and Freedoms
5.1 The right to a name, nationality, identity and registration of
birth (article 6)
113.
The State has committed, in terms of article 6 of the Charter, to guarantee the
rights of every child to a name from birth, to registration immediately after birth,
a nationality, and to constitutionally recognize the principles according to which a
child shall acquire a nationality of the State in which he or she is born, if at the time
of birth, he or she is not granted nationality by any other state.
114.
In fulfilment of this commitment, the Child Rights Act (2007) recognizes the rights
of all children and prohibits any action which may deprive them of their rights to a
name and to acquire a nationality. The Child Rights Act and the Births and Deaths
Registration Act (1983) obligate parents to register their children’s births – either
orally or in writing – within 30 days.
115.
The GoSL recognizes that birth registration is a key enabler which is central to
children’s enjoyment of other rights such as protection from early marriage, illegal
arrest and trafficking, as well as access to central developmental rights and services
such as health and education. Having an accurate indication of the number of births
and deaths is also necessary for population based planning for and monitoring of
services – a process which depends on the routine, timely and complete recording of
all births and deaths in the country. The national development plan (the Agenda for
Prosperity 2013-2018) thus prioritizes the provision of support for birth registration as
a component of Pillar 3 – the development of human capital.
116.
The Births and Deaths Registration Act mandates the MoHS to administer the national
birth and death registration system. The Ministry has established a National Office of
Birth and Death Registration and the system of registration has been decentralised
through the primary care health system under the authority and supervision of the
Local Councils. Birth registration services are free of charge (if the birth registered
within 30 days) at a local level through the health system’s 1,200 Peripheral Health
Units (PHUs).
117.
Birth registration rates have historically been very low with little change over
the years, until 2010. In 2000 the births of only 47 percent of children under the
age of 5 years had been registered (Statistics Sierra Leone, 2001). This increased
38
Government of the Republic of Sierra Leone Initial Report on the African Charter on the Rights and Welfare of the Child 2002-2014