Birth Registration and Consular Assistance in Egypt and Morocco
9
ties in securing birth registration for their children in the host country. While the practical
barriers to registration are similar, a legal status as asylum seeker, refugee, or irregular
migrant creates additional difficulties, especially in approaching the consulate of the
country of origin.
The main barriers were requirements for the parents themselves to present valid documents, including marriage certificates; and the impossibility for some, especially (but
not only) refugees, of obtaining those documents from their consular authorities. Many
migrants and refugees interviewed had no idea that, in many cases, births must also be registered with their consular authorities for the legal connection between parents and child
to be recognised in the home country; and consular authorities showed little concern to
provide assistance. In some cases, the barriers appeared deliberately created; but many
were simply the Kafkaesque outcomes of clashing procedural expectations among the
legal systems of different countries. Given the precariousness of their daily lives, it could
not be a priority for those we interviewed to break through these barriers and bear the
costs in order to secure birth registration for their children. There are no effective protection systems to provide paperwork for children separated from their parents, or to
recognise a legal connection to those who have become their guardians.
Amidst an international focus on the importance of ‘legal identity’, there is insufficient
attention to the resolution of these problems, leaving those affected at significant risk of
statelessness.
Research Objectives
The research project was designed to consider the protections that need to be in place to
prevent statelessness among children born outside the country of nationality of (one of)
their parents; as well as the obstacles that stand in the way of adults seeking documents
to establish their own identity and nationality.
The nationality law provisions in North Africa that leave children and adults at risk of
statelessness are already documented.12 However, the procedural constraints to recognition and transmission of nationality based on identity of parents and location of birth are
less well understood. Our aim was to understand these constraints through interviews
with individuals seeking birth registration and other documents, with civil registration
officials of the host states, and with consular officials of the sending states.
Bronwen Manby, Citizenship Laws in Africa: A Comparative Study, 3rd edition (New York: Open Society
Foundations, 2016); Zahra Albarazi, ‘Regional report on citizenship: The Middle East and North Africa
(MENA)’, Global Citizenship Observatory, 2017; Laura Van Waas, ‘A Comparative Analysis of Nationality Laws in the MENA Region’, Tilburg University, September 2014; Women’s Refugee Commission
& Tilburg University, ‘Our Motherland, Our Country: Gender Discrimination and Statelessness in the
Middle East and North Africa’, June 2013; Delphine Perrin, ‘Immigration and Citizenship Law in the
Maghreb: Turning Aliens into Citizens’, European University Institute, Working Paper RSCAS 2011/40;
Delphine Perrin ‘Identité et transmission du lien national au Maghreb: étude comparée des codes de la
nationalité’, L’Année du maghreb, III, 2007.
12
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