ISI Database on Statelessness and
Human Rights

37. (...) However, the Committee is concerned by information provided in the report that suggests that there is a discriminatory provision in the Constitution affecting, in certain circumstances, the transmission of citizenship by Tuvaluan women to their children on the basis of equality with men.

38. The Committee requests the State party to amend without delay its legislation on nationality in order to bring it fully into line with article 9 of the Convention.

56. The Committee recommends that the State party develop disaster management and mitigation plans in response to the potential displacement and/or statelessness arising from environmental and climatic change and that women, including women in the outer islands, be included throughout the planning processes and adoption of such strategies. The State party is encouraged to seek assistance from the Office of the United Nations High Commissioner for Refugees for this purpose. The Committee recommends that the State party ensure that a gender perspective is integrated in all sustainable development policies and plans.

30. The Committee notes with concern that certain provisions of the 1973 Revised Alien and Nationality Law discriminate against Liberian women. In particular, it is concerned that under this law, a child born abroad to a Liberian mother and a non-Liberian father is not automatically granted its mother’s nationality.

31. The Committee urges the State party to remove all discriminatory laws relating to nationality, in accordance with article 9 of the Convention during the ongoing legal reform process.

16. The Committee strongly recommends that the State party, in accordance with article 4 of the Convention and taking into account the Committee’s recommendations issued after the day of general discussion devoted to "Resources for the Rights of the Child - Responsibility of States" on 21 September 2007, increase the budget for the implementation of child rights and create a monitoring and oversight mechanism to ensure that allocation of resources and their expenditure are as effective as possible. In particular, the Committee recommends that the State party:

(...)

(c) Define strategic budgetary lines for disadvantaged or particularly vulnerable children and for those situations that may require affirmative social measures (such as birth registration) and make sure that those budgetary lines are protected even in situations of economic crisis, natural disasters or other emergencies;

(...)

36. The Committee recommends that the State party raise awareness of hospital staff, administrators and other health professionals, of their responsibilities to register births and to facilitate the issuing of birth certificates.

64. The Committee notes with concern that the State party is considering the introduction of a support requirement (maintenance) as of 1 January 2010 as a condition for family immigration of foreign citizens and stateless persons.

65. The Committee reiterates its recommendation that the State party continue to strengthen the measures taken to ensure that family reunification procedures for recognized refugees are dealt with in a positive, fair, humane and expeditious manner and that they do not entail a risk of infringement of the rights of children under the Convention.

21. The Committee reiterates its recommendation that the State party allocate adequate resources for children in accordance with the requirements planned in the NPA, the National Strategy of Accelerated Poverty Reduction (or PRSP) 2008-2011, and subsequent national development strategies or plans. The Committee recommends that the State party:

(...)

(d) Define strategic budget lines for children in disadvantaged groups or social situations that may require affirmative social measures (such as birth registration, integrated management of childhood infections [IMCI], nutrition interventions, early childhood care and basic education) and ensure that those budgetary lines are protected even in situations of economic crises, natural disasters or other emergencies;

(...)

41. The Committee recommends that the State party take all necessary measures to accelerate free of charge birth registration for all children born within the national territory, including children whose father- or both father and mother- are unknown, children born to single mothers, children born out of wedlock and refugee children. It also recommends that the State party carry out information and awareness-raising campaigns for parents and the community at large on the need to register births. The Committee encourages the State party to consider the use of a mobile registration system to reach remote areas and the introduction of a national electronic birth registration system. The Committee urges the State party to allow children without official documentation to access social services, such as health and education, while waiting to be registered.

79. The Committee reiterates its recommendation to the State party to: 

(...)

(c) Address the concerns of approximately 100,000 – 200,000 Rohingya, including children, not registered as refugees by the State party but who reside in the country for similar reasons as the registered refugees in official camps and to provide them with, at a minimum, legal status, birth registration, security and access to education and health care services;

80. The Committee reiterates its concluding observations after consideration of the initial report of the State party on the implementation of the Optional Protocol on the involvement of children in armed conflict and notes with concern the recruitment of children into the armed forces in the State party. Given the serious constraints of the birth registration system, the Committee is also concerned that in many cases determining the real age of the recruits might be very difficult (CRC/C/OPAC/BGD/CO/1, paras. 15-16).

81. The Committee recommends that the State party continue to develop and strengthen measures to guarantee that:

(a) No child under the minimum age of conscription be enrolled in the army, by establishing and systematically implementing safeguards to verify the age of volunteers, based on objective elements such as birth certificate, school diplomas and, in the absence of documents, medical examination to determine the exact age of the child;

(...)

42. The Committee recommends that efforts be continued to ensure birth registration for all children on the territory of the State party. It further reiterates its previous recommendation urging the State party to increase its efforts to ensure birth registration for all children in French Guyana.

18. The Committee urges the State party, taking into account the Committee’s recommendations during its Day of General Discussion in 2007 on “Resources for the Rights of the Child – Responsibility of States”, to:

(...)

(d) Define strategic budgetary lines for disadvantaged or particularly vulnerable children and for those situations that may require affirmative social measures (such as birth registration) and make sure that those budgetary lines are protected even in situations of economic crisis, natural disasters or other emergencies;

(...)

36. The Committee urges the State party to strengthen its efforts to ensure that all children born within the national territory, especially Mahamide children, are registered. The Committee calls upon the State party to ensure that institutional registration structures are free and accessible, especially in rural and remote areas. The Committee also reiterates its previous recommendation (CRC/C/15/Add.179, para. 61) that the State party accede to the Convention relating to the Status of Stateless Persons (1954).

19. The Committee urges the State party, taking into account the Committee’s recommendations during its day of general discussion in 2007 on “Resources for the Rights of the Child - Responsibility of States”, to:

(...)

(c) define strategic budgetary lines for disadvantaged or particularly vulnerable children and for those situations that may require affirmative social measures (such as birth registration) and make sure that those budgetary lines are protected even in situations of economic crisis, natural disasters or other emergencies;

(...)

39. The Committee reiterates its concern from the previous periodic review and urges the State party to strengthen and further develop measures, in particular in relation to awareness-raising, to ensure that all children born within the national territory are registered. Furthermore, the Committee urges the State party to create institutional structures at all levels that are compulsory, accessible and free, in order to implement effective birth registration, e.g. by introducing mobile units, especially in rural and remote areas and in internally displaced persons and refugee camps. The Committee recommends that the State party seek technical assistance from UNICEF for the implementation of these recommendations.

68. The Committee urges the State party to: 

(...)

(b) Consider ratifying the Convention relating to the Status of Stateless Persons of 1954.

8. Put in place a national comprehensive plan for civil status registration and the right to identity, which includes awareness raising-campaigns for parents, guardians and other responsible persons, which will help to speed up the registration of births. 

41. Promote the exercise by the Roma of their economic, social and cultural rights, in particular by implementing programmes to facilitate birth registration and the issuing identity documents for this sector of the population.