In Senegal, for example, the national identity card system is in the process of being computerised,
which is revealing widespread problems with duplicate or triplicate birth registrations, as the system
rejects people who apply with the same number birth certificate. Often, the person in possession of
such a document may have been completely unaware that the birth certificate was not valid: they
simply followed the understood procedure in paying a fee. At the Niaguis commune outside Ziguinchor
in Casamance, all birth registration certificates issued during a certain period are now being replaced,
creating major problems for those who had innocently obtained such documents. A person with a
birth certificate from Niaguis who applies for an ID document or certificate of nationality has to go
back to court to have the birth certificate cancelled or confirmed by the registrar (greffier); if it is in
valid, the person will then need a jugement supplétif confirming the facts of birth and a new birth
certificate; and then a certificate of nationality before getting their final identity document issued.
Each stage of this process has fees attached. If the identity card itself is incorrectly issued, the person
will need to travel to Dakar to get it sorted out. It can take months to complete the unravelling for
those trapped in this situation; or they may never do so.132
Box 3: Weaknesses in nationality administration
Weak civil registration systems
Birth registration is the foundation for nationality administration, but five West African countries have
birth registration rates of less than 50%. Maintenance or reconstruction of archives (if destroyed in
conflict) do not receive the priority they require.
Inaccessible, discriminatory or absent systems for proof of nationality
Most identity documents in common use (national identity cards, electoral cards, passports…) are
issued by relatively low-level administrative officials who have no training in nationality law. The civil
law countries provide a partial remedy against discriminatory decisions at this level through the
possibility of obtaining a certificate of nationality from a tribunal. The common law countries badly
lack a similar procedure.
Naturalisation is only available to a very few
The discretionary nature and heavy procedural requirements attached to naturalisation means that
naturalisation is effective only available to a small elite. It easier for nationals of countries from outside
the region to naturalise in an ECOWAS state than other ECOWAS citizens. Naturalisation is even
inaccessible to long term refugees who cannot return home, or who have established their lives in the
new country.
Costs can obstruct access to nationality documentation
While official fees for birth registration, identity documents and nationality certification are mostly
reasonable, they can still create barriers for the poorest people. The fees charged by intermediaries
who facilitate applications, transport costs, and the many hours of lost time waiting for documents to
be issued put them out of reach for many more.
132
Interviews, Ziguinchor, May 2014.
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