REFUGEES FROM GENERATION TO GENERATION
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UNHCR, APRIL 2023
Facilitate access by refugees who were born in the country of asylum with derivative refugee
status to those provisions in national law that already would permit acquisition of nationality
based on their birth in the territory (for example, at the age of majority).
Provide in law for the minimum protections against statelessness that are set out in the African
Charter on the Rights and Welfare of the Child and the 1961 Convention on the Reduction of
Statelessness, especially for children born in the territory who do not acquire nationality from a
parent, and establish operational procedures to implement them in practice, including for
refugees.
Establish procedures to implement these protections against statelessness in practice, including
referral mechanisms among the institutions responsible for refugees, civil registration, nationality
and immigration, and train civil registry and other relevant officials on these procedures.
Civil registration and identification documents
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Continue efforts to ensure that all refugees have currently valid identity documents, including by
increasing the validity period and enabling timely renewal of expired documents.
Continue efforts to achieve universal birth registration, including late registration of the adult
refugee population born in the country of asylum, allowing for alternative forms of evidence if
birth notifications from health facilities or other usually required documents are not available .
In parallel with efforts to improve birth registration, also seek to improve rates of marriage
registration, especially among refugees and between refugees and host country nationals.
Facilitate access to the existing provisions of national law that allow the issue to refugees of civil
registration certificates in relation to civil status events that took place in the country of origin (or
another country) but cannot be accessed, whether because the person is a refugee or because
the events were not registered at the time – in line with Article 25 of the 1951 UN Refugee
Convention. Consider explicitly incorporating these provisions into the national refugee or civil
registration law.
Consult with UNHCR, UNICEF and other UN agencies, as well as relevant AU agencies, and other
experts to adopt a common position to provide guidance on the information to be recorded in
birth registers and certificates as regards the nationality of refugee parents, in order to provide
the greatest protection against statelessness for their children.
Consult on the establishment of procedures for children who are looked after within families that
are not their birth families, in order to ensure that a legal status as a member of that family is
formally recorded, and that formal adoption procedures can be accessed if desired.
Promoting durable solutions
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Organise round table discussions with civil society, and representatives of both host communities
and refugees at national, regional and local levels, with a view to hearing their views and building
consensus on the long-term opportunities for comprehensive durable solutions for refugees.
DRC
Accession to treaties
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Accede to the 1954 Convention relating to the Status of Stateless Persons and the 1961
Convention on the Reduction of Statelessness (in line with existing pledges) and bring national
law into line with these treaties.
Legal reform and interpretation
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Review the procedures implementing the provisions of the nationality code for acquisition of
nationality by children born in the territory to ensure that this possibility is accessible in practice.
Review the procedures for naturalisation based on residence in the territory in order to reduce
the onerous conditions for production of existing documents and other procedural barriers for
refugees.