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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