7. At a practical level, the greatest obstacle to the effective realization of the right
to a nationality in Africa is the lack of functional and universal civil registration
systems. Absent proof of the circumstances of a child’s birth – both the child’s
parentage and place of birth – it is very difficult to ensure that the child obtains
recognition of its nationality, whether that of his or her parents, or of the State
where he or she is born.
8. More importantly, the Committee recalls that the African Union Conference of
Ministers in Charge of Civil Registration recommended the strengthening of
Civil Registration and Vital Statistics (CRVS) Systems across the Continent as
a development imperative. The Conference further recognized the importance
of CRVS in ensuring good governance, in the realisation of human rights and
in measuring the progress of development. The Committee is of the view that
the rights to a name, to birth registration and to a nationality under review in this
General Comment cannot be fully implemented without strong CRVS Systems
in States parties.
1.2. Purpose
9.
Notwithstanding its heading (Name and Nationality), Article 6 recognizes
three interlinked rights namely the right to a name (Art 6 (1)), the right to birth
registration (Art 6 (2)) and the right to a nationality (Art 6 (3)). It also provides for
state obligations with regard to the implementation of the right to a nationality
(Art 6 (4)). The purpose of this General Comment is to give the meaning and
scope of these rights and explain the corresponding obligations of the States
parties to the Charter for their implementation.
Africa: A Comparative Study, Open Society Foundation, 2nd edition, 2010.
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