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Permanent
Proof of identity in a turbulent world
Plan International
Zimbabwe
February 22, 2005
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Introduction
Every
child should be registered at birth. It is estimated that, each
year, the births of over 48
million children are not registered. Although the vast majority
of unregistered children live in developing countries, the issue
of unregistered children is a global problem.
So why do 48
million children remain unregistered every year? Poor
nation states often lack the resources and the political will to
fulfil their responsibility to ensure that every child is registered
after birth.
Parents are
forced to travel long distances to a major city because civil registries
are often centralised. Also,
because the birth registration process is usually initiated in hospital,
babies born at home are less likely to be registered.
Other factors
that prevent registration include mistrust of authorities due to
the fear of discrimination or persecution and cultural practices
that conflict with birth registration systems. Furthermore,
where the child survival rate is low, parents may be reluctant to
register their child because they do not want to incur the cost
of doing so.
Other, informal
ways for providing proof of identity do exist. For example, parents
can produce vaccination cards and even horoscopes to prove the name
and age of their child. However, a birth certificate is better than
these other methods. It provides legal proof of identity right from
the start.
Why is birth
registration important?
A rights
issue
Birth registration
is a key event in a child’s life. This is because it provides legal
proof of the identity of the child. Unregistered children find it
more difficult to access the rights and privileges to which they
are entitled.
- Education
for all
Education is
the key that unlocks the door to many of life’s opportunities,
but in some parts of the world, it is a legal requirement to produce
a birth certificate in order to enroll in school. This has a negative
effect if birth registration is not universally accessible.
In Nepal,
birth registration coverage is just 34 per cent2. However, the
Nepalese Ministry of Education instructs District Education
Offices that a birth certificate is mandatory for admitting
a child to school. According to research undertaken for Plan
Nepal, this action has become a barrier to school attendance.
Although there are cases where school principals do not follow
the government’s instructions and allow children without a birth
certificate to attend school, they are not officially registered
as a student. As such, they are unable to access the free course
books provided to registered children. Nor do they receive a
registration number which means they are unable to sit for examinations
or enter into higher education.
Many countries
specify an age for compulsory education in their national legislation,
but this cannot be effectively implemented if parents and the
state do not know how old a child is. This means that children
of extremely varied ages and levels of ability may be put in
the same class – a situation that can make the learning environment
ineffective.
A survey
of children in rural schools produced for Plan Ghana found that
many children – even literate ones – freely admitted that they
did not know their own age. Eighty per cent of those who did
give their age were found to be incorrect when their answer
was compared to the date of birth given in the school register
(which also tended to be hugely incomplete). In the case of
one boy who gave his age as 10 years old it emerged, after lengthy
investigation, that he was actually 17 years old.
- Child
soldiers
As many children
are unable to legally prove that they are too young to work or
serve in the military, the Optional Protocol to the United Nations
Convention on the Rights of the Child on the Involvement of Children
in Armed Conflict (which raised the age limit for the recruitment
and deployment of soldiers from 15 to 18 years) cannot be enforced.
In addition,
unregistered children rescued from their situation of exploitation
as child soldiers are likely to find that their repatriation
and reintegration into society problematic. This is often because
they lack any legal document proving their age, family links
or country and place of birth.
At the 2004
First West and Central Africa Birth Registration Conference
organised by Plan/UNICEF/ UNFPA, a child delegate from Sierra
Leone, representing the African Movement for Working Children
and Youth, talked about the experience of an ex child-combatant
who had asked for help in gaining a birth certificate so that
he could enter school. The movement managed to trace his background.
Though they were not able to find out his actual birth date,
they were able to establish his likely age and a birth certificate
was made based on this information and the ex child-combatant
was accepted into school.
- A ticket
to good health
Every year,
millions of children die of preventable diseases before reaching
the age of five. Ineffective systems of birth registration play
a role in this crisis since some countries do not give unregistered
children access to health care services or insist that they pay
more than the registered child. In countries such as Kenya and
Thailand, a child without proof of identity is also denied access
to free or subsidised vaccination programs.
In Nicaragua,
Plan works with a local organisation which brings local government
authorities and communities together in order to increase the
number of children registered at birth. During vaccination campaigns
the municipality now accompanies health unit teams on their
visits to communities where they set up a mobile registration
desk. Mothers bringing their children for vaccination are therefore
also able to register the birth of their children.
- Juveniles
need justice
Children are
entitled to receive special legal protection in the justice system.
This includes being held separately from adults and immunity from
capital punishment. A birth certificate may provide children under
arrest with some protection against prosecution as an adult by
providing proof of age.
At the 2003
Third Asia Regional Conference on Birth Registration organised
by Plan and UNICEF, an example was given of a child sentenced
to the death penalty. His lawyers attempted to get relief for
him under the Convention on the Rights of the Child. However,
because he did not have a birth certificate he could not prove
his exact date of birth.
- In times
of crisis
Without a birth
certificate, children find it difficult to prove to officials
they are eligible for assistance at times of personal and national
crisis. Without identity papers, children and their families may
experience problems such as qualifying for food aid and refugee
status.
Children
displaced by conflict and born in refugee camps across national
borders are also vulnerable since receiving states may refuse
to recognise and register their births. This means that they
become ‘stateless children’ and may have difficulty claiming
their right of residence when returning to their home country.
Furthermore,
children lost or abandoned in such upheavals and who lack papers
cannot easily be legally adopted. As a consequence they may
end up living in institutions or on the streets.
- In the
firing line
During conflict
and in times of civil unrest, the probability of having a birth,
name and nationality registered is particularly low; systems of
birth registration collapse and existing identification papers
are misplaced or destroyed. As a result, adults and children become
officially ‘lost’ and unaccounted for by the government system.
Plan Nepal
has found that conflict is hindering birth registration efforts
because many of the officials in Village Development Committees
have left their posts to move to safer areas. As a result, villagers
have to go to the District level in order to register births
which is both time consuming and expensive.
- No to
early marriage
Early marriage
is determined as marriage below the legal minimum age which, in
many countries, is
18 years
old. Registering girls at birth can help protect them from this.
The absence of a birth certificate makes it difficult for law
enforcement personnel to verify the age of the girls concerned.
In Bangladesh,
marriage of a child under 18 is prohibited by law. However,
a mere declaration regarding the age of the bride is enough
for marriage registration. The incidence of early marriage could
be reduced if all marriage registrars asked for birth certificates
and proof of age. With this in mind, the government bodies in
Gazipur, Dinajpur and Nilphamari, supported by Plan and working
with the Bangladesh National Women Lawyers Organisation, arranged
a one day workshop with 60 marriage registrars. At the end of
the orientation the participants came up with an action plan
on how to use birth certificates to reduce early marriage.
- Child
trafficking
The lack of
a legal status and identity means that children may be more prone
to being trafficked. The absence of a birth certificate can also
hinder repatriation efforts.
Plan Togo
is working with communities, local organisations and the government
on child trafficking. Part of their strategy involves the promotion
of birth certificates. This is because very young people who
are trafficked often forget who their parents are.
- Stopping
hazardous child labour
Birth registration
can play an important role in combating hazardous child labour.
Government agencies acting to eliminate exploitation will find
it difficult to enforce the International Labour Organisation’s
(ILO) minimum working age regulation without being able to easily
confirm the age of the child concerned. Similarly, without proof
of age, it will also be difficult to prosecute the child’s employers.
Recent research
conducted for Plan Ghana found that children below the age of
16 are working full time in hazardous circumstances on cocoa
farms. In order to stamp out this practice, Ghana’s government
is trying to prosecute cocoa farmers engaging in these exploitative
practices. However, in order to prosecute they need to know
the child’s age. The absence of a birth certificate makes this
very difficult.
- As children
grow up
Unregistered
children may face continuing problems as they grow up. The lack
of a birth certificate may make it difficult to get work, obtain
credit and inherit property. They may also be denied welfare support
and the right to vote.
In Uganda,
where women and young children have traditionally not owned
property, Plan is working in partnership with the Federation
of Women Lawyers (FIDA) to provide legal aid and assistance
to widows and AIDS orphans. Plan and FIDA work to reduce incidences
of property grabbing and increase levels of birth registration
by conducting legal awareness seminars and improving understanding
of laws related to inheritance, marriage and property among
men, women and children. Community volunteers support these
efforts by attending training sessions and conducting further
awareness raising activities in the community.
Data Collection
for Planning
The
importance of birth registration also goes beyond the individual
child. It is a critical element of civil registration systems which
provide information on vital events including live birth, death
and foetal death.
Birth registration
data can play an important role in the planning of a country’s economic
and social development by helping to identify geographic, social,
economic and gender disparities within national boundaries. This
improves a state’s ability to plan, implement, monitor, evaluate
and report on the impact of its social and economic policies.
A registrar
in the rural city of Chinandega, Nicaragua tells Plan about difficulties
in providing welfare organisations with accurate population data:
"Many organisations
visit to help us, but they ask for assessments about how big our
population is and its different age groups, and we can’t answer
because the Supreme Electoral Council’s census is insufficient.
We know that we have a high number of unregistered people."
Monitoring
the Fourth Millennium Development Goal
As
part of effective civil registration systems, improved rates of
birth registration in all countries will assist the international
community in monitoring progress towards the Millennium Development
Goal of reducing under-five mortality by two-thirds by 2015.
Plan’s response
192
countries have now ratified the Convention on the Rights of the
Child (CRC). Despite the legal duty that this places on them to
register each child at birth, millions remain unregistered.
With the launch
of its first ever global advocacy campaign, Plan is now calling
on all governments to accept their responsibilities under the Convention
and actively promote the issue of birth registration. Plan is already
working with governments in over 40 countries worldwide to increase
levels of child registration. Much has already been achieved.
- 1998 saw
Plan Asia set up the Unregistered Children Project (UCP). Two
important regional conferences on birth registration followed
- Successful
lobbying by Plan and other NGOs resulted in birth registration
receiving priority in the Action Plan from the 2002 UN General
Assembly Special Session on Children (UNGASS) – a remarkable achievement
as this issue was not even mentioned in the 1990 World Summit
for Children
- In Indonesia,
Plan has helped draft a new civil registration law in relation
to birth registration and developed a new training manual for
civil registrars
- In Cameroon,
Plan ran a Birth Registration Stakeholders’ Workshop which resulted
in a National Action Plan to coordinate future birth registration
activities
Plan’s work
focuses on the poorest children in areas that have the most serious
birth registration problems. An integral part of our approach is
the meaningful participation of children themselves in promoting
birth registration.
Children are
often the best advocates of all, persuading their parents and the
wider community to register new babies and older children who do
not have birth certificates. They can also have a direct impact
on policy decisions at the national and international level.
Plan is now
committed to expanding its birth registration activities to cover
the Americas as well as Asia and Africa. Achieving universal birth
registration is the organisation’s goal. It is possible, but it
is a universal responsibility.
To find out
what you can do to help Plan achieve universal birth registration
and to read more about the campaign go to: http://www.writemedown.org/
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