14
Preventing Statelessness Among Migrants and Refugees
countries.30
Given these quite closed nationality regimes, procedural protections against statelessness are even more important. The civil registration systems in both countries date back
to 1912, and birth registration rates are high: reported to reach 99 percent in Egypt,31 and
94 percent in Morocco.32 Nonetheless, UN treaty bodies have regretted the particular
difficulties faced in Egypt in registering children born out of wedlock;33 the situation of
abandoned children in Morocco;34 and difficulties in both countries for the children of
migrant workers.35
The Egyptian law on civil registration36 continues to discriminate on the basis of sex: births
are expected to be registered by the father, although (since amendments to the Child Law
in 200837) the mother may also report a birth if the father is not available. The parents (or
other informants) must present valid identity documents, as well as the birth notification
from a clinic or other recognised source, and a marriage certificate. In case the father is
deceased, a death certificate must accompany the marriage certificate. Births are required
to be registered within 15 days. There are further requirements if the birth is not registered
within the 15 day time period.
In Morocco, both the civil registration law38 and the 2004 family code39 establish the duty
for parents to register the births of their children. To do so, a parent needs a birth notification from a doctor or legally registered midwife or from the local authority, and, if the
parents are Muslims, a copy of the marriage certificate.40 Births must be registered within
30 days; late registration is possible, through a declaratory judgement of the lowest level
civil tribunal.
Although Egypt is a party to the relevant treaties, there is no national legislation on asylum
In recent years, no more than a handful of people have been naturalised in any one year in Morocco,
while it has been reported that only 6,228 people were naturalised from independence in 1956 until
2006: http://o-maroc.com/obtenir-nationalite-marocaine; see also naturalisation decrees published in
the Bulletin Officiel for Morocco at http://www.sgg.gov.ma/Legislation/BulletinsOfficiels.aspx; there are
no official statistics available from Egypt.
31
Ministry of Health and Population/Egypt, El-Zanaty and Associates/Egypt, and ICF International,
‘Egypt Demographic and Health Survey 2014’, Cairo, Egypt: Ministry of Health and Population and ICF
International, 2015. See also statistics reported at https://www.unicef.org/infobycountry/egypt_statistics.
html
32
See statistics reported at https://www.unicef.org/infobycountry/morocco_statistics.html
33
UN Committee on the Rights of the Child, ‘Concluding Observations on the combined third and
fourth periodic reports of Egypt’, CRC/C/EGY/CO/3-4, 15 July 2011.
34
UN Committee on the Rights of the Child, ‘Concluding observations: on the combined third and
fourth periodic reports of Morocco’, CRC/C/MAR/CO/3-4, 14 October 2014.
35
UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families,
‘Concluding observations on the initial report of Morocco’, CMW/C/MAR/CO/1, 8 October 2013; ‘Concluding observations on the initial report of Egypt’, CMW/C/EGY/CO/1, 25 May 2007.
36
Law No. 260 of 1960, amended by Law No. 11 of 1965 and Law No. 158 of 1980.
37
Law No. 12 of 1996 promulgating the Child Law amended by Law No. 126 of 2008.
38
Loi n° 37-99 relative à l’état civil, promulguée par le dahir n° 1.02.239 du 25 rejeb 1423 (3 octobre 2002).
39
Loi n°70.03 portant code de la famille, promulguée par le Dahir 1.04.22 du 3 février 2004.
40
Décret pris pour l’application de la loi n° 3 -99 relative à l’état civil, 9 octobre 2002, article 17.
30
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