Implementation of Nationality Laws
In Colombia, effective access to the right to nationality, and the means to document this
right, depend on how the competent government authorities interpret and implement
the legal provisions. Colombia’s complex nationality framework requires that people
who are not both born in the territory and born to Colombian nationals with standard
paperwork navigate various entities across its institutional landscape if they are to access
the right to nationality. This section describes the processes and competent authorities
in the implementation of nationality laws and the provision of documentation of identity in Colombia. This process is marked by structural issues and gaps.
Birth certificates are the first step in securing legal identity in Colombia. They
serve as proof of nationality for children younger than 14 and as the foundational document to obtain a national identity card, a citizenship card, and a passport. The National
Civil Registry (Registraduría Nacional del Estado Civil), an independent and autonomous
governmental entity, provides birth certificates as well as these other vital documents.
While the Ministry of Foreign Affairs implements all nationality matters, the provision of documents makes the Civil Registry the lynchpin of asserting nationality to the
ministry.
A child born in Colombia to a Colombian parent in possession of identity documents, or to a foreign parent who is able to provide proof of domicile in the territory at
time of birth, will be recognized as Colombian and registered as such in the civil registry. The child can thus prove his or her Colombian nationality with a birth certificate.
However, in some cases the implementation process runs counter to the objective of ensuring that every child born in the territory has access to a nationality at birth.
First, the legal requirement that a parent produce a document from his consulate in
order to prove that the child cannot have access to the parents’ nationality presents a
problem for parents who cannot access a diplomatic mission or who find such mission uncooperative. Second, the online naturalization process also requires applicants
to provide information from a government issued identity document (e.g., a passport
from another country or foreign identity card) to upload any request. Accordingly, parents who lack such documentation cannot apply for naturalization on behalf of their
children. Likewise, requiring applications to be filed online harms applicants who have
neither internet access nor the resources necessary to upload documents. Third, the
processing fee for naturalization also poses a substantial burden. At 363,000 COP,303
it exceeds the national minimum wage for half a month, and petitioners must pay at
the time of filing, with no guarantee that nationality will be granted.304 The Ministry of
Foreign Affairs stated in response to a freedom of information request that there are
no exemptions from the fee for processing naturalization requests.305 More problemati-
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