Recommended Practice based on International Guidelines
Decisions made by civil registrars can have legal consequences and it is important that the system includes a process of appeal or review of those decisions. Individuals should have the right to appeal civil registration decisions to the courts. Prior to filing an appeal in the courts, some countries require that the appeal against a local civil registrar's decision be filed before a higher administrative level, up to the national level. The exhaustion of remedies serves a dual purpose of allowing a civil registration agency the opportunity to correct its mistake without burdening the courts, and creates an administrative record for court to review in a judicial appeal.
Uganda
Legal Analysis
An Identification and Registration Committee, appointed by the Board, adjudicates matters related to civil registration. This adjudication generally takes the form of a review. A person who is dissatisfied with a decision of the Committee may appeal to the High Court. The law requires exhaustion of the internal remedies before approaching a judicial body.
The regulations on name changes for children provide for a right of appeal to the Identification and Registration Committee, while the regulations on name changes for adults provide for a right to a review of decisions on those issues by the Committee. The regulations on death registration specifically provide for a right to appeal a matter regarding death registration to the Committee. In addition, where the Board has delegated any of the functions of the Authority, a person aggrieved by the decision of a delegate may appeal to the Board.