Exploring the Interface Between Birth Registration and Citizenship Determination: A Scoping Study in Seven Countries in Southern Africa Johannesburg, South Africa. Photo Credit: I_am_Duan / Shutterstock.com 5. Conclusion This analysis highlights that citizenship issues are closely linked to birth registration and, as civil registration and identity systems become more integrated, citizenship determination has become increasingly interwoven with birth registration. Notably, the integration of birth registration with identity systems, which is recommended by the UN, triggers citizenship determination if these systems contain a citizenship data field. The analysis further shows that in practice, civil registry authorities in six out of the seven countries analyzed have set up processes to make citizenship determination at the point of birth registration, even if there are no clear legal mandate or no formal procedures established to execute this function. Citizenship determination at the time of birth registration can be protective of a child’s right to acquire nationality, as set forth in Article 7 of the Convention on the Rights of the Child. Civil registration systems and civil registrars may be well positioned to support this fundamental right, as birth registration establishes core facts - place of birth and parentage - that are essential for determining nationality. However, determining citizenship is a multifaceted and complex process and must be carried out properly. Where there is a lack of legislation and standard operational procedures, civil registrars make ad hoc decisions, which can result in inconsistent administrative practices. Such inconsistencies increase the risk of errors, discretionary decision-making and in some contexts, discriminatory outcomes, particularly where the citizenship determination process lacks due process, including transparency, formal oversight, and clear review and appeal mechanisms. Errors in citizenship determination, such as incorrect recording of a parent’s citizenship, can have long-term consequences, including an impact on a child’s citizenship or stateless status. The lack of standardized procedures is also compounded by the observation that in the seven countries analyzed there is no standardized training in citizenship law and determination for the civil registrars who have ended up carrying out these functions. 25

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