Joint Comment No. 4 (2017) of the CMW Committee and No. 23 (2017) of the CRC Committee: State Obligations Regarding the Human Rights of Children in the Context of International Migration in Countries of Origin, Transit, Destination, and Return:[15] . OAU Convention Governing the Specific Aspects of Refugee Problems in Africa (1969) the Committees recognise that lack of Treaty body: African Commission on Human birth registration not only increases the risk of statelessness but also and People’s Rights exposes Ratification status: 46 African States children to other dangers, such as child Key article(s): Article 1(1) and Article 6 marriage, trafficking, forced recruitment and child labour the Committees urge States to ensure all children are registered and issued birth certificates irrespective of their or their parents’ migration status. States must eliminate all legal and practical barriers, including establishing “immigration firewalls” to separate health providers from immigration enforcement authorities the Committees emphasise The OAU Refugee Convention expands the definition of refugees in the African context to include those fleeing generalised violence or events seriously disturbing public order. Article 1(1) explicitly recognises that stateless persons who flee such situations may also qualify as refugees. that unregistered children must be ensured Article 6 requires States to issue identity and equal access to health care, protection, travel documents to refugees, helping secure education, and other social services their legal status and reducing the risk of the Committees recommend that if a statelessness. child’s identity documents were irregularly obtained, States must adopt flexible measures, in the best interests of the child, to restore the child’s identity including by issuing correct documents and avoiding prosecution where falsification has occurred the Committees stress the importance of State cooperation to address childhood statelessness and call for nationality laws to be implemented in a non- discriminatory manner [15] UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW), UN Committee on the Rights of the Child (CRC), Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of children in the context of international migration in countries of origin, transit, https://www.refworld.org/legal/general/cmw/2017/en/119567. destination and return, CMW/C/GC/4-CRC/C/GC/23, 16 November 2017, 25

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