regard to cultural and local practice related to maternity and infant rearing. The
Committee is of the view that by “immediately” after birth the drafters of the African
Children‟s Charter intended to make birth registration occur within a few days or
weeks after birth and not months or years later. The Committee wishes particularly to
bring to the attention of States parties that”immediately after birth” should not be
interpreted to mean “within a reasonable period of time after birth”.
The above
interpretation of the phrase “immediately after birth” should therefore guide national
legislation on birth registration which should indicate the number of days within which
a child must be registered after birth. Obviously local custom and practice related to
the post birth period, such as where mothers remain cloistered for a while, or where
naming ceremonies are delayed for a short period, must be taken into account.
80.
The Committee holds the view that, in accordance with existing practice,
legislation should place the obligation to register a child‟s birth immediately upon the
parents of the child in the first instance. In other words, it should be made
compulsory in law for children‟s birth to be registered. The Committee is aware of the
disincentives to birth registration that parents may adduce – including transport and
associated costs. The Committee is nevertheless of the view that the impact of
disincentives can be mitigated by the removal or abolition of other fees associated
with immediate registration, late registration or obtaining certificates or extracts from
the birth register.
81.
States parties must, in all circumstances, provide for late registration where
children‟s birth has not been registered immediately. The Committee encourages
States parties to provide for a short time limit after birth within which a birth should
be registered. Late registration should be allowed to occur free of charge within a
grace period of one year after birth. Late or delayed registration should, if not free,
be able to be effected at a nominal fee. The Committee also encourages States
parties to apply variable fees for late registration in rural and urban areas with the
understanding that rural areas should benefit from reduced registration fees. States
parties should establish birth registration desks at all places where a birth certificate
is required for a service, such as upon entry to school, or when registering for social
security and poverty alleviation programmes.
29