stage of criminal proceedings against their parent. This is more so particularly if those children have not been registered at birth.29 71. The Committee therefore holds the view that the birth registration of children of imprisoned mothers makes them visible, and their visibility in turn makes protection of their rights such as the right to survival, to education and to health possible. In addition, for an imprisoned mother to invoke her rights under Article 30 referred to above (which are indirectly rights of the child) she must be able to prove her parental ties with her child. This may be difficult if the child has not been registered. 5.2.2.2 72. Free and accessible Birth registration must be made free by means of universal, accessible, simple, expeditious and effective registration procedures without discrimination of any kind.30 Late birth registration should be allowed and also made free of charge or done at a low-fee rate. 73. The Committee reiterates its position that the obligation of the State Party under the African Children‟s Charter to ensure that all children are registered immediately after birth extends to addressing all de facto limitations and obstacles to birth registration.31 The Committee notes that free registration of birth does not simply mean abolition of the fee applicable to registering a child or the cost of obtaining the birth certificate. Free birth registration cannot be effective unless the associated costs are catered for by States parties. These include administrative costs such as civil registration offices, civil registrars‟ salaries, offices, equipment (computers, sufficient forms, mobile registration equipment to access remote and rural areas…) and sensitization costs. Birth registration cannot be said to be free if one has to pay an onerous transport fee to reach the civil registration office. The 29 See General Comment No 1 of the African Committee of Experts on the Rights and Welfare of the Child (Article 30 of the Charter: Children of imprisoned care-givers), available at www.acerwc.org (November 2013). 30 Human Rights Council Promotion and protection of all human rights, civil, political, economic, social and nd cultural rights, including the right to development (22 Session of 19 March 2013) A/HRC/22/L.14/Rev.1 para 5. 31 Kenyan Nubian Children’s case (note 8 above) at para 40. 26

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