Civil registration and the prevention of statelessness Committee on Juridical and Political Affairs, Organization of American States February 23, 2012

2 Birth registration in previous ExCom conclusions OAS General Assembly Resolution 2665  To urge those member states that have not yet done so […] to review their national legislation with a view to preventing and reducing statelessness and to strengthening national mechanisms for universal birth registration. UNHCR Executive Committee has addressed birth registration on a number of occasions :  Protection of asylum-seeker and refugee children (22 and 47) - appropriate measures to register the births of refugee children  Durable solutions (101) - recognition of the civil status of returning refugees in country of origin + documentation or registration proving that status, issued by authorities in the country of asylum or elsewhere, taking into account the special situation of returning refugee women  As a means to prevent statelessness (conclusions 95, 106, 107, 108) - Calls on States to facilitate birth registration and issuance of birth or other appropriate certificates as a means to providing an identity to children and where necessary and when relevant, to do so with the assistance of UNHCR, UNICEF, and UNFPA

3 Risks to exercise of human rights  Birth registration establishes basic facts about a person’s identity, in particular Date of birth Parentage Place of birth  In the absence of birth registration there is an increased risk of Denial of education Early marriage Illegal adoption Military recruitment Child labour Trafficking Statelessness

4 Birth registration helps to prevent statelessness but does not mean the registering State must grant nationality Right to birth registration and right to acquire a nationality are distinct rights Acquisition of nationality under national law generally does not require birth registration but occurs automatically when children are born based on descent and/or birth in the territory Birth registration documents the most important links for the acquisition of nationality –Parentage (relevant for jus sanguinis countries) –Place of birth (relevant for jus soli countries) Birth registration is essential in the context of migration so that children acquire their parents ‘ nationality by jus sanguinis or the nationality of the country of birth by jus soli and can prove their identity !

5 Risks of statelessness Lack of birth registration does not, on its own, make person stateless but it creates an additional risk that people will not be considered nationals by any State Some groups may be at particular risk of statelessness due to absence of birth registration: A displaced Roma woman in Serbia shows her son‘s birth certificate. Persons living in border areas where lack of birth registration may lead to confusion as to whether they are nationals of one State or another; Minorities and persons who have perceived or actual ties with foreign States; Nomadic or semi-nomadic populations whose territories cross international borders; Migrant populations where difficulties to prove nationality of the country of origin may occur when one or more generations of children are born abroad

6 UNHCR’s activities in relation to birth registration ADVOCACY for inclusion of refugees, displaced, stateless children (e.g. Georgia, Thailand) INFORMATION CAMPAIGNS (e.g. inclusion of refugees in Ecuador) SUPPORT to individuals – for registration and documentation (Haiti to reduce risk of statelessness, displaced persons in Colombia, returned refugees in Angola) SUPPORT to national authorities – financial or logistical or capacity building, often in coordination with UNICEF, regional bodies (e.g. Colombia, Haiti, Kenya, Angola) TECHNICAL ADVICE – deployments of specialists