then to obtain a document enabling the child to rejoin his or her family rather than providing
recognition of nationality. A member of the network will contact a partner organisation for assistance
in tracing the family of the child concerned, or travel to the country themselves with the children
involved. It can take months or years to make these connections, and they are not always successful.
Where the birth family is traced, national authorities of the child’s country of residence and/or origin
will provide the children with a safe conduct pass (sauf conduit) to enable to return to the family (if
that is determined to be in the best interests of the child); however, this is only a travel document,
and does not prove the child’s nationality or legal identity. If the family is not traced, the child may
be left without documentation entirely, and thus without the ability to obtain proof of nationality —
even in countries where the law provides for the attribution of nationality to abandoned children.
Those children who do not come to the attention of any social welfare agency – certainly a very large
number -- will not receive such assistance in getting documents: the procedures are time-consuming,
require an understanding of the system, and depend on the child having free time and permission to
travel, and an advocate to speak for them. Those who do not receive such assistance are likely to
remain undocumented and at high risk of statelessness. Although advocacy by children’s rights
groups, and the UN agencies, for the principle of the “best interests of the child” to govern state
interaction with children has made an impact, especially in relation to registration of births, it has not
focused to the same extent on achieving reforms to national law to ensure the right of vulnerable
children to acquire a nationality.
4.8.1. Abandoned babies, orphaned children and children born out of wedlock
Most nationality laws, with the exception in West Africa of Côte d’Ivoire, Gambia, Nigeria and Sierra
Leone, provide for a foundling (new born infant) or, more generously, a child of unknown parents to
be presumed to be a national (see above, section 2.6.2). This provision is reinforced in some countries
by provisions of the Code de la famille or a specific children’s law. In Senegal, Niger, and Guinea, for
example, a system exists to declare an abandoned infant to the state authorities, and the child will
then be given a provisional birth certificate and name, which can later be confirmed if no parents are
found; and the child will obtain nationality with no further difficulties. In Senegal, however, the
presumption on nationality is restricted to abandoned new-born infants, excluding children who are
found at an older age but are still unable to identify or trace their parents. In Côte d’Ivoire, the law
on civil registration establishes a procedure to provide a provisional birth certificate to a child251;
however, since the foundling provision included in the 1961 nationality code was repealed in 1972, a
birth certificate will not resolve the question of the child’s nationality, leaving the child at risk of
statelessness.252
However, even where the legal frameworks are in place, the practice may be different. A point of
difficulty is often where a birth certificate needs to be established.
There is a theoretical commitment to universal birth registration across West Africa, and in principle
either the father or mother or another interested party may declare the child. But in practice there
are many challenges: not only with poor coverage of the territory and lack of accessibility of
registration, but also in relation to the details that are required to be completed in the registration
form and the training of staff in relation to those details. In the case of abandoned babies or children
251
252
Art. 46 de la loi de 1964 sur l’état civil telle que modifiée par la loi n° 99-691 du 14 décembre 1999.
Interview Dignité et Droits pour les Enfants en Côte d’Ivoire, Abidjan, June 2014.
75
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents