CITIZENSHIP AND STATELESSNESS
IN THE HORN OF AFRICA
\Y
mother or father to be able to register the birth of a child, to take place at the nearest administrative
office to their “principal residence”, and for abandoned children also to be registered.
'*?
It was only in 2017 that the law was amended to provide for the births of the children of foreigners to be
registered as well as Ethiopians.'%S>
Registration of the births of children of refugees began for the first
time the same year,'** and the rights of refugees to registration of life events was confirmed by the new
refugee
law of 2019.'%5 Birth registration for refugees
Returnee Affairs (ARRA),
and
Ethiopia pledged
is carried out by the Agency
in 2019 to ensure
universal
for Refugee
and
birth registration among
refugees.
'%6
The
baseline
birth registration
rate for Ethiopia was
very
low before
these
reforms:
three
percent,
according to the 2016 Demographic and Health Survey; and only two in three of those registered held
a birth certificate. As is common, the rate varied also significantly by wealth and by place of birth: children
in urban areas were much more likely than rural children to have their births registered (12% versus 2%)
and birth registration increased with increasing household wealth (from 1% in the lowest wealth quintile
to 10% in the highest quintile). Children in Addis Ababa and Dire Dawa were much more likely to have
had their birth registered (24% and 19%, respectively) than children in other regions (5% or less) .197
Birth registration of children has improved in recent years, but as of 2020 was still estimated to reach
less than 20 percent of births of children under one year old.'*8 There remain challenges with the legal
framework
and
its implementation,
including
the continuing
requirement
for both
parents to present
themselves as declarants for birth registration (despite the provision in the law'’’), and for registration
to be carried out in the usual place of residence (ie the kebele where the parents are registered, even if
the birth does not take place in that kebele). These conditions exclude parents who cannot fulfil these
requirements — among
them
asylum-seekers
and
refugees, the internally displaced, the urban
poor,
pastoralists, and single parents. Fees for issue of certificates also exclude poor households. The failure
to provide for the role of churches and mosques in relation to baptism and confirmation of names means
that this route to confirmation
of identity is not given any legal recognition.
In addition, the directive
132 Proclamation No.760/2012, arts. 24-29.
133 Vital Events Registration and National Identity Card Proclamation (Amendment) Proclamation No.1049/2017.
134 “In q historic first, Ethiopia begins civil registration for refugees”, UNHCR, 27 October 2017
https://www.unhcr.org/news/briefing/2017/10/59f2f475 7/historic-first-ethiopia-beqins-civil-registration-refugees.html; Diana Diaz, “New Ethiopia policy
helps refugees legally document life events”, UNHCR, 3 November 2017 https://www.unhcr.org/news/latest/2017/11/59f9f5a84/new-ethiopia-policy-helpsrefugees-legally-document-life-events. html.
135 Refugees Proclamation No.1110/2019, art.36.
136 High-Level Segment on Statelessness: Results and Highlights, UNHCR, 2019, available at https://www.unhcr.org/ibelong/high-level-seqment-statelessness/.
137 “Ethiopia Demographic and Health Survey 2016”, Central Statistical Agency, Ethiopia, & DHS Program, July 2017
https://dhsprogram.com/pubs/pdf/FR328/F
R328. pdf.
138 Information from UNICEF Ethiopia office, May 2021.
139 Proclamation No.760/2012, art. 26(1): “The birth of a child shall be declared by the father or mother of the child, in their default, by the guardian of the child
or, in default of guardian, by the person who has taken care of the child.”
38
UNHCR
— December 2021