Exploring the Interface Between Birth Registration and Citizenship Determination: A Scoping Study in Seven Countries in Southern Africa
Maseru, Lesotho. Photo Credit: Homo Cosmicos / Shutterstock.com
Relevance of Birth Registration Data for Citizenship Determination
The facts captured in the birth registration record—place of occurrence and information about
the parents—are critical to the determination of the child’s citizenship. In many countries, a
person who acquired citizenship at birth by operation of law has traditionally claimed citizenship by providing a birth certificate at the time of application for a passport, or another
document exclusively available to citizens, such as voter registration.24 A birth certificate may
also be used by a person to acquire citizenship later in life by establishing facts that fulfill naturalization requirements.
Because basic facts about a birth are needed to establish citizenship, UNHCR recommends
that the citizenship of the parents should be captured during birth registration.25 However,
there is no clear guidance for recording the citizenship of parents where the citizenship might
not be easily verified, such as for refugees lacking adequate documentation, stateless persons,
persons with undetermined citizenship and undocumented persons.
Further, while citizenship of the parents should be recorded in the birth registration record,
there is no clear guidance on inclusion of citizenship—of the parent or the child—on the birth
certificate. Recent articles on birth registration and statelessness in Africa call for more clarity
on stating and marking citizenship on birth certificates, including the citizenship status of
the child and parent(s). 26, 27According to the United Nations Guidelines on the Legislative
Framework for Civil Registration, Vital Statistics and Identity Management,28 and a UNHCR
briefing note on birth registration,29 the citizenship of the child should not be recorded on the
birth certificate as this could result in discrimination against non-citizens.
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