ISI Database on Statelessness and
Human Rights

48. The Committee notes the efforts undertaken together with various United Nations agencies in order to improve the rate of birth registration, however it is concerned that 20 per cent of all Colombian children continue to lack birth registration, especially in rural areas and among Afro-Colombian and indigenous populations.

49. The Committee reiterates its previous recommendation (CRC/C/15/Add.137, para. 37) urging the State party to prioritize the immediate registration of the births of all children, and to promote and facilitate the registration of those children who were not registered at birth, in the light of article 7 of the Convention. The Committee recommends that the State party modernize and ensure the proper operation of the Registrar’s Office, including by providing it with the necessary resources in order to cover rural areas. The Committee encourages the State party to continue cooperation with United Nations agencies in order to improve birth registration.

31. While noting the efforts made by the State party to ensure that all births are registered and that all children are issued birth certificates, including by the establishment of mobile units, the Committee is concerned that a large number of children in the State party, in particular indigenous children and children living in remote areas, do have birth certificates. 

32. The Committee recommends that the State party strengthen its efforts to ensure that all children are registered free of charge, giving special attention to those children who were not registered at birth, to indigenous children and to children who live in remote areas, using innovative and accessible methods. The Committee also recommends that the State party undertake targeted and innovative efforts to raise awareness of the importance of birth registration for children for the full enjoyment of their rights.

37. The Committee notes with concern that children born to Palestinian fathers, who do not themselves possess recognized identity documents, are not registered with the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and neither receive recognized identity documents from the State party nor have the ability to acquire a nationality, even if they have a Lebanese mother, as nationality can be transmitted solely through a child’s father.

38. In order to secure the full enjoyment of all human rights and fundamental freedoms by children in Lebanon, the Committee recommends that the State party ensure that all children within its territory, including the children of Palestinian refugees without identity documents, are registered immediately after birth. Meanwhile, children whose births have not been registered and who are without official documentation should be allowed to access basic services, such as health and education, while waiting to be properly registered.

39. The Committee reiterates its concern that citizenship is transmitted solely through a child’s father, which can result in statelessness, for example, among children born to Lebanese mothers and refugee fathers.

40. The Committee urges the State party to critically review its legislation, particularly the Legislative Decision No. 15/1925, in order to ensure that also a Lebanese mother has the right to confer Lebanese citizenship to her children equally and without discrimination.

25. The Committee is concerned at the information that, while the ages of marriage is normally set at 16 years, for Turkmen citizens who marry foreigners and stateless persons, the age of marriage is set at 18 years.

26. The Committee recommends that the State party eliminate this form of discrimination, by ensuring that all persons below 18 years of age receive the same protection under the Convention and that the age of marriage be the same for all Turkmen citizens, irrespective of the nationality of the future spouse.

59. The Committee is concerned that the national legal framework does not provide for the protection of refugee and asylum-seeking children as well as at the situation of internally displaced and stateless persons. The Committee is further concerned at the possible consequences that the closure of the office of UNHCR in Tashkent, upon request of the Government, may have on the protection of refugee and asylum-seeking children in the country. 

60. The Committee recommends that the State party adopt national refugee and migration legislation consistent with basic human rights standards and in particular with the Convention, and that it ensure human and financial resources for its implementation.

61. The Committee encourages the State party to consider ratifying the Convention on Refugee Status of 1951 and the Optional Protocol of 1967, as well as the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on Reduction of Statelessness.

31. The Committee welcomes the State party’s efforts to improve birth registration, including the decentralizing of the registration services, but it remains concerned that the current birth registration system does not cover about 15 per cent of children. The Committee is further concerned about the information that some birth certificates may contain false data.

32. The Committee recommends that the State party continue developing and implementing an effective decentralized system of birth registration and take other
measures to facilitate birth registration, in particular for children born from displaced persons, inter alia, by ending the practice of informal fees with a view to achieving
registration of all children in the State party by 2010. The Committee further recommends that the State party control the accuracy of birth certificates and ensure the implementation of the applicable law in this respect.

33. The Committee reiterates its concern that children born to stateless persons who have no right of permanent residence in Lithuania do not automatically obtain a nationality.

34. The Committee encourages the State party to take all appropriate measures to ensure that all children born in Lithuania are protected from statelessness.

31. Despite the State’s party efforts in this area, including legislative initiatives by the Sub-Committee on the Revision of Child-Related Laws and the adoption of a Strategy to Address the Problem of Legal Status and Right to Identity in January 2005, the Committee is nevertheless concerned about the high number of children that remain without birth registration, particularly in the most remote areas of the country and in tsunami-affected areas. The Committee is also concerned about persisting difficulties in ensuring the registration of children of migrant workers, refugees and asylum-seekers as well as of indigenous and minority communities, particularly those born outside of hospitals. The Committee is further concerned about weak law enforcement and limited public awareness of the significance and benefits of birth registration.

32. The Committee reiterates its previous recommendations and, in line with article 7 of the Convention, recommends that the State party continue to review its legislation, in particular the Act for Registration of Inhabitants (B.E. 2534) of 1991, with a view to ensuring that the birth registration system is equally accessible to all children in the whole territory of the State party, in particular, migrant and refugee children, children belonging to indigenous and minority communities, and children living in the most remote or in tsunami-affected areas. The Committee also recommends that the State party improve the existing birth registration system by:

(a) Introducing mobile birth registration units and public awareness-raising campaigns to reach the most remote areas of its territory;

(b) Strengthening cooperation between the birth registration authority and maternity clinics, hospitals, midwives and traditional birth attendants, in order to achieve better birth registration coverage in the country;

(c) Continuing to develop and widely disseminate clear guidelines and regulations on birth registration to officials at the national and local levels; and 

(d) Ensuring that children whose births have not been registered and who are without official documentation have access to basic services, such as health and education, while waiting to be properly registered.

33. The Committee is concerned that a significant number of children residing in Thailand remain stateless, which adversely impacts their full enjoyment of rights including education, development and access to social and health services, and which renders them vulnerable to abuse, trafficking and exploitation.

34. The Committee reiterates its recommendation that the State party withdraw its reservations to articles 7 and 22 of the Convention and urges it to continue to implement measures to ensure that all stateless persons born in Thailand and living under its jurisdiction can acquire a nationality, including the possibility of acquiring Thai nationality. The Committee also urges the State party to take specific measures to ensure their access to basic services such as social and health services and education.

[...]

78. The Committee expresses its concern about the situation of children belonging to indigenous, tribal and minority communities who are subject to both stigmatization and discrimination. In particular, it is concerned about widespread poverty among indigenous peoples and minorities and the limited enjoyment of their human rights, in particular, concerning their access to social and health services and education. The Committee is also concerned that many indigenous and minority children are stateless and/or have no birth registration and are at increased risk for abuse and exploitation. It further notes that there is at present insufficient demographic data on the hill-tribe population in Thailand.

79. The Committee recalls the State party’s obligations under articles 2 and 30 of the Convention and recommends that it ensure the full enjoyment, by indigenous and minority children, of all of their human rights equally and without discrimination. In this regard, the Committee urges the State party to take adequate measures to protect the rights of indigenous and minority children to preserve their historical and cultural identity, customs, traditions and languages, taking into account the recommendations adopted by the Committee on its day of general discussion on the rights of indigenous children in September 2003. It also urges the State party to continue to develop and implement policies and programmes in order to ensure equal access to culturally appropriate services, including social and health services and education. The Committee also recommends that the State party ensure access to birth registration for all indigenous and minority children and continue to implement measures to address the issue of statelessness.

32. Notwithstanding the remarkable progress achieved in improving birth registration coverage from 28 per cent in 2003 to 51 per cent in 2004, including through the extensive use of mobile registration units, the Committee remains concerned about the many challenges faced by the State party such as poor staffing, inadequate funding and lack of logistics. The Committee is further concerned about the difficulties in ensuring the birth registration of children, particularly in rural areas, and for abandoned children, asylum-seekers and refugee children.

33. In light of article 7 of the Convention, the Committee recommends that the State party implement an efficient birth registration system, which covers its territory fully, including through:

(a) Strengthening its efforts in terms of financial allocations and improved institutional capacities;

(b) Taking appropriate measures to register those who have not been registered at birth;

(c) Strengthening the cooperation of the Births and Deaths Registry between the local government and community based institutions;

(d) Increasing the appreciation of the importance of birth registration and providing information on the procedure of birth registration, including the rights and entitlements derived from the registration, to the public, including through television, radio and printed materials; and

(e) Paying particular attention to the improved access to an early birth registration system by abandoned children, asylum-seekers and refugee children.

33. The Committee notes with appreciation the initiatives undertaken by the State party to deal with tardy declaration of births and unregistered children, including the establishment of a high level Committee chaired by the Attorney-General and the Minister of Women’s Rights, Child Development, Family Welfare and Consumer Protection in August 2005. It also notes the creation of a hotline operating on a 24-hour basis through which tardy declarations can be made. However, the Committee also notes that the procedures regarding late registration are still complex and very long.

34. The Committee encourages the State party to continue its initiatives to ensure that cases of tardy declarations are dealt with in a more expeditious manner.