Exploring the Interface Between Birth Registration and Citizenship Determination: A Scoping Study in Seven Countries in Southern Africa
Windhoek, Namibia. Photo Credit: Wandel Guides / Shutterstock.com
1. Introduction
The 2030 Agenda for Sustainable Development, agreed by all United Nations Member States
in September 2015, established a specific target: Target 16.9, “legal identity for all, including
birth registration, by 2030.” SDG Target 16.9 recognizes that birth registration is the foundation
for legal identity.1
Registering children at birth is the first step in securing legal identity and their recognition
before the law, and a crucial measure for the prevention of statelessness. Individuals can be
at risk of statelessness if they have difficulties proving that they have links to a state. Lack of
birth registration can create such a risk because birth registration attests to where a person
was born and who their parents are—key pieces of information needed to establish which
country’s citizenship they are eligible for or can acquire. While recording this information
is essential, deciding a child’s citizenship during the birth registration process without legal
authority, proper training, transparency, or legal recourse can lead to improper citizenship
determinations, including an incorrect or “undetermined” designation, which carries a risk of
statelessness for the child.
It is a generally accepted notion that birth registration and citizenship determination are
separate legal processes. While most children acquire citizenship at the time of birth by
operation of law (meaning citizenship is acquired automatically), traditionally, citizenship was
affirmed later in life; for example, when applying for a national ID card or passport, or registering to vote. Unlike birth registration, enrollment in these identity systems is often limited
to citizens, therefore, formal legal processes have been developed to vet and determine
citizenship as part of the processes to enter such systems. This is particularly true for voter
registration and passport issuance. While countries may offer an identity card to all legal
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