CITIZENSHIP AND STATELESSNESS
IN THE HORN OF AFRICA
\Y
issued
by
INVEA
to civil registration
officials
provides
a list of ethnic
groups
to be entered
in the
database; it is reported that applications may be rejected if a parent names an unlisted ethnic group.'4°
The legal provisions for civil registration related to nationals and non-nationals, including refugees, are
to be revised based on the findings and recommendations of a comprehensive assessment of the CRVS
system in Ethiopia.‘
Somalia
There
is currently
no
legal
or policy
framework
or
institutions
with
the
authority
to
maintain
civil
registration generally or birth registration in particular in any of the federal member states of Somalia.'*2
Registration
of births was
not compulsory
for Somali
“natives” in British-controlled Somaliland.'*® The
independent
Somalia
gave
“subjects”
under
1963 law establishing
local district councils
the power
Italian administration;
local government
to register the population
nor for
in the newly
and
maintain
registers of births and deaths, but did not make it mandatory for these functions to be provided.
'44 Even
before the collapse of central government in 1991, birth registration was thus the exception rather than
the rule. If a birth was registered, a local administration would create a family book and record the birth
based on witnesses from the clan. This system broke down during the civil war, and most archives have
been destroyed. Birth registration rates are very low, estimated at under 5 percent, and in practice there
is little incentive for an ordinary Somali to seek to register the birth of a child: a birth certificate is required
mainly for issue of a passport, which in turn is required only for international travel or formal employment.
Issue of birth certificates for this purpose is a source of income for district administrations
.'5
Since 2012,
the government
has been
engaged
in efforts to establish a functioning
civil registration
system, with a draft policy and outline law under discussion. In the meantime, children born in a medical
facility may be issued a
birth notification by that facility, and some municipal governments or consulates
issue certificates of different types. '46
In Somaliland, a declaration of a birth can be made under oath (by affidavit), and such declarations are
confirmed by the Ministry of Religious Affairs in Hargeisa.'*” A draft law on registration of births and
40 The Ethiopian Civil Registration and Vital Statistics (CRVS) Comprehensive Assessment Report (Draft), INVEA, March 2021.
41 Ibid; also information from INVEA, July 2021, in comments on this draft report.
142 UNICEF Somalia Child Protection Strategy Note 2018-2020 http://files.unicef.org/transparency/documents/Somalia%205.%20Child%20Protection.pdf.
43 tn common with similar rules in other British territories, the Births and Deaths
Registration Regulations, 1904, provided for compulsory registration of the
births of children of parents who were European or American only.
4 Law No. 19 of 14 August 1963 on Local Administration and Local Council Elections, article 9{1)(g).
M5 Interview, UNICEF, 15 December 2020.
46 COI Report: South and Central Somalia - Country overview, European Asylum Support Office, August 2014
https://coi.easo.europa.eu/administration/easo/PLib/EASO-COlreport-Somalia_EN.pdf
47 Documents in Somalia and Sudan, Landinfo (Country of Origin information Centre), Oslo, 5 January 2009 hitp://citizenshiprightsafrica.org/documents-insomalia-and-sudan/; see also Somalia: Birth registration, including the issuance of birth certificates; the registration of children attending school; title deeds;
whether the owner of a home or business must obtain a title deed (2009-June 2013), SOM104486.FE, Research Directorate, Immigration and Refugee Board of
Canada, 26 June 2013 https://irb-cisr.gc.ca/en/country-information/rir/pages/index.aspx ?doc=454665&pls=1
See also information on authentication of
documents sat the Ministry of Foreign Affairs website https://somalilandmfa.com/old/documentation-authentication.html.
UNHCR
— December 2021