Realising the right to birth registration to prevent statelessness in Africa: in the context of the General Comment on Article 6 of the African Children’s Charter

ayalew_getachew_assefaAuthor: Ayalew Getachew Assefa
Legal researcher, Secretariat of the ACERWC

As is the case with other human rights, the right to birth registration and nationality are interrelated, and the realization of these rights plays a great role in preventing statelessness. Birth registration, as an act of recording a birth of a child by a governmental authority with the effect of granting the child a legal personality, establishes the existence in law of a child. It is through birth registration and acquisition of a birth certificate that the parentage of children, their age, and their place of birth can be recorded. These elements play a significant role in according nationality for children, and hence prevent statelessness.

It is in consideration of this fact that Article 6 of the African Charter on the Rights and Welfare of the Child (ACRWC/the African Children’s Charter) recognizes three interlinked rights and imposes an obligation on State Parties to take legislative measures to prevent statelessness among children. In order to clearly spell out and explain the obligations of State Parties in implementing the provision, the African Committee of Experts on the Rights and Welfare of the Child (ACERWC), in April 2013, adopted a General Comment (the General Comment) on this particular Article. This article briefly explains the reasons why the Committee decided to develop the General Comment and the major principles included in the General Comment.

Read the rest of this entry »


Will Nubian children have to go to the African Court?

Ayalew Getachew Assefa

Author: Ayalew Getachew Assefa
Lecturer in Law, Makelle University, Ethiopia

Reflections on the Decision of the African Committee of Experts on the Rights and Welfare of the Child concerning the violation of the rights of Nubian children in Kenya

The African Committee of Experts on the Rights and Welfare of the Child (the Committee) has recently made a decision on the communication concerning the violation of the rights of Nubian children in Kenya. (Communication 002/2009 Institute for Human Rights and Development in Africa and Open Society Justice Initiative on behalf of children of Nubian descent in Kenya v Kenya). This body’s first ever decision tells much about the avowed intent of the Committee to address the challenges of the Nubian children as it goes a great length despite the continuous disregard of cooperation from the government of Kenya. In its well-articulated decision, the Committee finds the Government of Kenya in violation of the right to non-discrimination, nationality, health and health services, protection against statelessness and education of Nubian Children living in Kenya. Addressing a wide range of issues, the Committee even goes beyond what was requested by the applicant and interpreted Article 31 of the African Charter on the Rights and Welfare of the Child (African Children’s Charter) in the light of the issues raised (para 66).

Read the rest of this entry »