act of discrimination against those children and constitutes a violation of their right to
non-discrimination embodied in Article 3 of the African Children‟s Charter and in
other international human rights instruments.
58.
The Committee underscores the fact that birth registration not only benefits
refugees themselves but also facilitates return to their country of origin. It helps them
prove their identity and lineage when back in their country of origin for purposes of
resettlement on their family lands or when attempting to reclaim land before courts
and other authorities. This proof of identity is also crucial for family reunification in
situations where family members have been dispersed to various places. For
countries of origin, birth registration in the long run aids the voluntary return of the
refugees to their home country.
59.
Against the foregoing, the Committee reminds States parties of their
international obligations relating to the protection of refugees and IDPs. The
Committee particularly reminds States Parties of their obligations under Article 5 of
the African Union Convention for the Protection and Assistance of IDPs and
observes that international law governing refugees imposes upon host countries the
obligation to give refugees at least the minimum standard of treatment available for
non-citizens. In this regard, States parties must ensure that they protect the rights of
refugee and internally displaced children, particularly the right to birth registration.
60.
More importantly States parties with large numbers of refugees and displaced
persons are encouraged to bring civil registration services closer to refugee camps
and IDP and refugee settlements. This may be done by establishing temporary civil
registry offices near camps or by regularly organizing mobile civil registration
services targeting refugees and displaced people.
61.
The Committee wishes to stress that birth registration and the corresponding
issuance of a birth certificate to refugee children and children born to asylum seekers
is not tantamount to giving them a nationality. Conditions for acquisition and grant of
nationality are separately established in the State Parties‟ legislation on nationality.
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