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Republic of South Africa
Access to Birth Registration
South Africa scores 8 out of 15 for access to birth registration. Despite being a best practice example in the region and the continent for increased birth registration in the brief period of time since democracy, South Africa has in the last 10 years introduced under-inclusive laws for birth registration and the birth registration rate has been slowly declining. These laws have been criticized by the UN Committee on the Rights of the Child and the African Committee on the Rights and Welfare of the Child as discriminatory. They have encouraged the South African government to review its laws in as far as they discriminate against vulnerable groups and prevent access to existing citizenship rights on prohibited grounds. In 2021, the South African Constitutional Court handed down judgment in a landmark case which declared a section in the law unconstitutional which prevented unmarried fathers from registering their children when the mother is unavailable or unable to assist with the registration.
The Kingdom of Eswatini
Access to Birth Registration
For access to birth registration the Kingdom of Eswatini scores 6 out of 15. Eswatini has exceptionally low birth registration rates, and the rate of issuance of birth certificates is significantly lower than that amount. Eswatini loses points for both of these issues. The rate has increased in the last 5 years and so an additional point is earned. Eswatini scores points for making birth registration a right for children generally and specifically providing for the rights of orphaned and vulnerable children to birth registration. Like many other countries, Eswatini loses points for late registration of birth procedures that are exceedingly difficult to comply with. A new National Civil Registration and Vital Statistics Bill (2022) has been adopted. Whether it is effect is yet, is unconfirmed. It introduces a DNA requirement in the late registration of birth process like in South Africa. This is an unfortunate development, and if implemented, would lose them another point. Eswatini does not allow fathers to register children without mothers should the mother be incapacitated, or otherwise unavailable for those born in marriage. Children born outside of marriage can only be registered by a mother. The new Bill introduces a provision similar to the South African provision which was found to be discriminatory and unconstitutional. This could be remedied for an additional point.
Zimbabwe
Access to Birth Registration
For access to birth registration Zimbabwe scores 5 out of 15. The birth registration rate is low in Zimbabwe at 49%, scoring them no points. The rate of birth certificates issued is more than 10% lower at 33%, for which the country loses a point. The process for late registration requires payment of a fee and there is no provision for the registration of orphaned or abandoned children. Points are lost for these gaps.
United Republic of Tanzania
Access to Birth Registration
For access to birth registration Tanzania scores 5,5 out of 15. Tanzania’s birth registration rate is among the lowest in the region, at 26%, and scores no points. The rate of birth certificates issued is even lower at 14%. Because the difference is more than 10% a further point is deducted. Tanzania charges a fee for birth certificates, and a higher fee for late registrations and certificates. The law also provides a cap for late registrations of birth at 10 years after the birth, but it is possible nonetheless according to the Registrar General’s website.
Republic of Botswana
Access to Birth Registration
For access to birth registration Botswana scores 5,5 out of 15. The birth registration rate is above 80% and has increased in recent years, which gives Botswana some positive points. It loses points for fees and administrative requirement barriers to late registration of birth, and the lack of a late registration of birth process for orphaned or abandoned children.
Republic of Angola
Access to Birth Registration
Angola scores 6 out of 15. Angola’s birth registration rate is lowest in the region at 25%. Issue of birth certificates is even lower at 13%. No increase has been indicated over the past 5 years (-1). Angola has made considerable progress in increasing awareness and access to birth registration. The next official data release is highly likely to reflect an increase in the birth registration rate. Proof of legal residence is required for birth registration, preventing the children of undocumented / irregular parents from accessing birth registration.
Madagascar
Access to Birth Registration
Madagascar scores 8.5 out of 15 for access to birth registration. Madagascar’s birth registration rate is high at 78%, but the actual issuance of birth certificates is exceptionally low at 15%. lowest in the region at 25%. Issue of birth certificates is even lower at 13%. No increase has been indicated over the past 5 years. (-1). The law only makes provision for the registration of birth of infants who are abandoned or orphaned and makes no reference to older children.