REFUGEES FROM GENERATION TO GENERATION
UNHCR, APRIL 2023
and Uganda, the refugee identity card is valid for five years. For long-term refugees, the renewal
requirements for refugee documents can put them out of reach, given travel and other costs.
For more on refugee identity documents, see Annex 3 on international standards, heading on recognition
of refugee or stateless person status.
Birth registration
Birth registration is in all countries an important foundation for the protection of children, recognised as
a right by both the UN Convention on the Rights of the Child (CRC) and the African Charter on the Rights
and Welfare of the Child (ACRWC), and other human rights treaties. Birth registration is critical to
establishing in legal terms the place of birth and parental affiliation, which underpins the right to
attribution or acquisition of the parents’ nationality or the nationality of the state where the child is born
– as well as other rights based on family relationships. However, birth registration in itself is not sufficient
to resolve statelessness, especially if the nationality of parents is uncertain or if the child cannot acquire
their nationality.
Because refugees will usually be unable to obtain copies of these important documents issued in the
country of origin from their own consular authorities, Articles 12 and 25 of the UN Refugee Convention
(and of the Convention relating to the Status of Stateless Person) also provide for the recognition of
personal status and administrative assistance for the authentication or substitution of personal status
documents that would normally be obtained from a consulate of the country of nationality (for more
analysis, see Annex 3 on international standards – heading on birth registration and civil registration
generally).
The laws of all three countries considered in this report establish the right to free and compulsory birth
registration, with no exclusion for refugees or children of other foreigners. Although Uganda provides for
a fee for birth certificates, this fee is waived in the case of refugees. The legal frameworks in DRC and
Rwanda are comprehensive and detailed in relation to the procedures for birth registration and civil
registration, including for late registration of birth. The legal framework for civil registration is much less
elaborated in the case of Uganda, although late registration of births is provided for.
Despite the legal frameworks, birth registration rates have historically been low in all three countries.
Nonetheless, all three have been making significant efforts to improve coverage, which had reached 89
percent of children under five in Rwanda, by the end of 2020. In Uganda and DRC the survey data is less
up to date, but only around one third or less of the births of children under five were reported registered
in around 2016/17. It is also of concern that even among those registered, many do not hold birth
certificates. This especially a concern among refugees in both Uganda and DRC. Indeed, UNHCR reported
in December 2019 that 95% of children aged 0 to 4 being accommodated in UNHCR-coordinated sites for
internally displaced people in eastern Congo did not have birth certificates.45
One provision of concern may be where the birth certificate records the nationality of the child. The
interpretation of the law of another country in relation to attribution of nationality to a child born abroad
is a complex question, especially in case of refugees. It is not advisable to give this task to district-level
civil registration officials. Moreover, a determination by the country of a child’s birth that a child has
another nationality does not in itself bind the authorities of that state. UNHCR thus advises in general
that birth certificates should not record the nationality of children, but that if a field for child’s nationality
exists on a birth certificate, it should be left blank where nationality is unclear. 46 If this is the case, there
should be a procedure to determine what the nationality of the child is, or what nationality may be
acquired, or if the child may be stateless. A new format birth certificate introduced in Rwanda in 2022,
however, provides for the nationality of the child to be recorded; there is not yet any guidance on how
45
See references with information on civil registration under country headings in Annex 4 .
46
Child
Protection
Issue
Brief:
https://www.refworld.org/docid/523fe9214.html.
14
Birth
Registration,
UNHCR,
August
2013