D. Civil rights and freedoms Right to name, nationality and birth registration 25. The Committee notes with concern that Chapter IV of the Constitution of eSwatini provides citizenship by birth is transferred from the father and a child born to a married couple does not automatically obtain nationality from his or her mother. While exceptionally a child born outside of marriage can get the Swazi nationality of the mother if the child is not adopted or claimed by the father in accordance with law or custom. The Committee notes that this provision, being discriminatory, adversely affects the right to nationality of the child. The Committee is further concerned about the burdensome procedure in place that unmarried women are required to pass through to transfer citizenship to their children. The Committee recommends the State Party to align its nationality law with the provisions of the African Children’s Charter. The Committee also recommends for the State party to make reference to the contents of the Committee’s General Comment no 3 on Article 6 of the Charter on name, nationality and birth registration for further guidance. In particular the Committee recommends the State Party: i. To amend the constitution to enable the child acquire nationality from either parents irrespective of their marital status and to align the Nationality Act accordingly; and ii. Put in place legal and procedural safeguards to ensure that no child becomes stateless. 26. The Committee notes with appreciation the increase in the rate of birth registration owing to initiatives of the Government. However, the Committee is concerned that the rate is still low, as status of birth registration stands at 53.5%. The Committee notes that the low level of birth registration is recorded due to various factors such as direct and indirect cost of birth registration, inaccessibility of registration centres for rural communities, and the requirement for caregivers to produce identity card when they register children. The Committee further notes with concern that the Birth, Marriages, and Death Act is not aligned to the African Children’s Charter and the CPWA. In this regard, the Committee recommends the State Party to undertake the following measures: i. Eliminate all fees attached to birth registration services, including for late registration; ii. Increase the accessibility of birth registration centres by establishing new centres in remote rural communities and facilitating for birth registration in all healthcare centres in the country; 8