Recommended Practice based on International Guidelines
The law should provide that registration is available to, and compulsory for, all births occurring in every geographical area and for every population group in the country. Examples of possible discriminations are: sex; race ethnicity, religion or population group; marital status; nationality, citizenship, residency or refugee/asylum status; or any other characteristic such as prisoners or persons with disabilities
All births that occur in the country – including births to refugees, undocumented migrants, internally displaced persons, stateless persons, persons of undetermined nationality and members of nomadic peoples – must be registered in the civil registration system. Where necessary, legislation should include specific provisions to guarantee the registration of these populations regardless of whether the person has legal residency status.
Uganda
Legal Analysis
The Constitution and the Children Act make the registration of all births occurring in Uganda compulsory, and the Refugees Act states that refugees must receive at least the same treatment accorded to aliens under the Constitution and any other law in force in Uganda. Section 28 of the Registration of Persons Act states that registration of every birth within Uganda is compulsory, and this is echoed in several of the regulations issued in terms of the Act.
However, Section 1(2) of the Registration of Persons Act states that it excludes certain categories of persons from its coverage: (a) persons who are not resident in Uganda and persons visiting Uganda for less than 90 days; and (b) refugees.
In practice, children born to non-citizens, refugees and stateless persons are included in the register of births.