basis of race, religion, ethnic group or national origin in the right of a child to a
nationality from birth. A large number of States have adopted laws that provide for
citizenship to be conferred at birth only on the basis of descent from a citizen,
providing no rights to children who were born on the State‟s territory, even if they are
still resident there at majority, and even if their parents and grandparents were also
born there. Such a purely descent-based system leaves substantial numbers of
children at risk of statelessness. In some States where this is the general rule, there
is an exception for abandoned infants or small children (“foundlings”), but some do
not provide a right to a nationality in the case of foundlings, leaving unaccompanied
children separated from their parents at particular risk. In some States there is also
an exception providing for nationality to be given to children born in the country
whose parents are stateless; but this exception does not provide for children whose
parents possess a nationality but cannot transmit that nationality to their children.
Due process is often not respected in the recognition, conferral and withdrawal of
nationality, creating the serious risk of arbitrary decision-making in the administrative
application of nationality law.6
7. At a practical level, the greatest obstacle to the effective realization of the right to
a nationality in Africa is the lack of functional and universal civil registration systems.
In the absence of proof of the circumstances of a child‟s birth – both the child‟s
parentage and place of birth – it is very difficult to ensure that the child obtains
recognition of its nationality, whether that of his or her parents, or of the State where
he or she is born.
8.
More importantly, the Committee recalls that the African Union Conference of
Ministers in Charge of Civil Registration recommended the strengthening of Civil
Registration and Vital Statistics (CRVS) Systems across the Continent as a
development imperative. The Conference further recognized the importance of
CRVS in ensuring good governance, in the realisation of human rights and in
measuring the progress of development. The Committee is of the view that the rights
to a name, to birth registration and to a nationality under review in this General
6
For background on African nationality laws, see Bronwen Manby, Citizenship Laws in Africa: A Comparative
nd
Study, Open Society Foundation, 2 edition, 2010.
4