CITIZENSHIP AND STATELESSNESS IN THE MEMBER STATES OF THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 2020 the Child and the African Charter on the Rights and Welfare of the Child. During the colonial era, birth registration was frequently discriminatory, required in law only for those not of African origin. In Malawi, birth registration only became compulsory for all children with the entry into force of the National Registration Act of 2010.197 Most SADC states now provide that birth registration shall be compulsory for all children born in the territory, and place an obligation on one or both parents to register the child. At least Lesotho and Zimbabwe among SADC states both provide for a right to birth registration for all children.198 The absence of a similar provision can make it more difficult for those who have been unable to access birth registration for a child to challenge that refusal. Registration of birth should happen as soon as possible after birth, although late registration procedures should be accessible for those who do not register within the standard time limit. As stated by the African Committee of Experts on the Rights and Welfare of the Child, even if the obligation is on the parents to register the birth, the state shares the responsibility to make this possible in a timely manner: The Charter provides for registration of every child immediately after birth. The Committee interprets “immediately” to mean as soon as possible, with due regard to cultural and local practice related to maternity and infant rearing. The Committee is of the view that by “immediately” after birth the drafters of the African Children’s Charter intended to make birth registration occur within a few days or weeks after birth and not months or years later. The Committee wishes particularly to bring to the attention of States parties that” immediately after birth” should not be interpreted to mean “within a reasonable period of time after birth”.199 In relation to late registration, the Committee recommends: States parties must, in all circumstances, provide for late registration where children’s birth has not been registered immediately. The Committee encourages States parties to provide for a short time limit after birth within which a birth should be registered. Late registration should be allowed to occur free of charge within a grace period of one year after birth. Late or delayed registration should, if not free, be able to be effected at a nominal fee.200 Most countries provide for initial registration to be an obligation of either or both parents, and to take place within the first few weeks of life.    Angola: initial registration period within 30 days, and late registration possible, but becomes more difficult more than one year after birth;201 Botswana: initial registration period within 60 days, and late registration possible on payment of a fee, subject to proof of the “material facts relating to such birth”.202 Comoros: initial registration within 15 days, and late registration is possible on the basis of a court order.203 197 National Registration Act No.13 of 2010, sec. 22. 198 Constitution of Zimbabwe 2013, arts. 35(3) and 81(1)(c); Lesotho: Children’s Protection and Welfare Act No 7 of 2011, sec.8. 199 African Committee of Experts on the Rights and Welfare of the Child, General Comment No.2: Article 6 of the African Charter on the Rights and Welfare of the Child, 2014, para.79. 200 Ibid., para. 81. 201 Decreto-Lei n.º 47 678, de 5 de Maio de 1967 - Código do Registo Civil, arts.119-125. 202 Births and Deaths Registration Act, No.48 of 1968, as amended, Laws of Botswana, Chapter 30:01, secs.6 & 11. 203 Loi n°84-10 du 15 mai 1984 relative à l’état civil, arts.31 & 32. UNHCR / December, 2020 60