DEMOGRAPHIC PROFILE AND BIRTH REGISTRATION STATUS

OF

By

1. Michael Ghebrenegus - Ministry of Justice

2. Woldeyesus Elisa - National Statistics and Evaluation Office

3. Yosef Debesay - UNICEF

For the Kampala Workshop on Birth Registration

October 21 –24, 2002 TABLE OF CONTENTS

I. Demographic Profile and Birth Registration Status of Eritrea p. 3

II. Birth Registration Status of Eritrea p. 4

III. Birth Registration System of the Existing Civil Status Offices p. 4

IV. Recommendations p. 6

V. Annex/Birth Registration Forms pp. 7-8

2 I. DEMOGRAPHIC PROFILE AND BIRTH REGISTRATION STATUS OF ERITREA

There has not been any proper registration system and population census conducted in Eritrea before or after independence (1991) to date. Consequently its population size, sex and spatial distribution are not known with any degree of precision. In the absence of such basic information, some rough professional estimates put the population in the range of 2.6-3.2 million. In this report the average population size of 3.1 million will be used in presenting some of the population characteristics of the country with assumed annual population growth rate of 2.9 percent.

In 1995, Eritrea conducted the first Eritrea Demographic and Health Survey (EDHS) and in 1996/1997 it conducted the Household Income and Expenditure Survey. In 2002, the second EDHS was conducted. A preliminary report will be made available for users at the end of September 2002 and expectedly the main report will be issued early 2003.

The surveys mentioned above have contributed in enriching the demographic profile of the country. Findings from these surveys have provided valuable information in the formulation of appropriate population and health policies and programs in the country.

The age structure of the household population observed in both the 1995 and 2002 EDHS surveys is one of a typical youthful population (i.e., Proportion of children under 15 years of age is 47.8 percent). The recent 2002 EDHS estimated the sex ratio to be 99. The above-presented information puts the sex composition of the population into 1,560,000 females and 1,540,000 males.

Proportion of children by single age as to 1995 EDHS. Age % <1 3.8 1 3.0 2 3.6 3 3.2 4 3.0 5 3.1 6 3.2 7 3.5 8 3.6 9 2.7 10 3.9 11 2.2 12 3.3 13 3.2 14 2.6 15 2.3 16 2.1 17 1.7 18 2.1 Children in the age groups 0-2=10.3%, 2-6=16%, 6-12=22.4% and 12-18=17.3%.

Fertility Rates

The refined and crude fertility rates obtained from 1995 EDHS are as presented below.

Total Fertility Rate (TFR) of women in reproductive age group (15-49) is 6.1 per woman. General Fertility Rate (GFR) in the age group 15-44, expressed per 1000 women, is estimated to be 198 births. Finally, Crude Birth

3 Rate (CBR), expressed per 1000 of population, is 37.5 births. Early Childhood Mortality

The 1995 EDHS estimated the infant mortality rate at 72 per 1000 births, while under five mortality is 136 per 1000 births.

Since there is no good system of vital registration that covers both urban and rural areas, information on the number of births registered by place of residence is not available.

II. Birth Registration Status of Eritrea

Birth registration of Eritrea traces its history back to the colonial times i.e. the Italians and the British who had an efficient birth registration covering the whole country. The system was obligatory to all foreigners throughout the country, while optional to native . The system was functioning well until the status of the Federation abrogated and Eritrea was totally under , where birth registration was neglected throughout the country.

Currently, Eritrea uses the transitional civil code of birth registration in selected 8 urban areas only (namely – the capital city, Keren, Massawa, Dekemhare, Assab, Mendefera, Segeneyti and Akordet) and not in rural areas. Even in these urban areas, birth registration is optional and not obligatory. Since birth registration is optional, not all births are registered. Hence, even the aforementioned urban areas do not have reliable statistical data of all births of their respective areas. The above-mentioned urban areas register births for administrative purposes only, and do not keep statistical data. Thus they do not know the annual registered births of their areas.

There is a law for birth registration and it is a recognized right. The problem is that there is no mechanism or established institution that backs birth registration system and its practice throughout the country due to:

1) lack of clear cut policy in the country; 2) lack of public awareness of birth registration; 3) absence/lack of resources to put into effect/practice the existing law in all areas of the country – no skilled man-power, no financial capacity to set up offices in all parts of the country etc.; 4) birth registration law is not obligatory but rather optional and therefore does not make people be committed to register their new born babies; 5) lack of birth and/or death registration in the Eritrean tradition and custom.

All rural areas of the country do not have civil status officer to date, therefore, they have no birth registration. Since some institutions such as health, education, immigration office, courts, national service etc. have started to require birth certificates, the society is indirectly encouraged to practice birth registration.

III. Birth Registration System of the Existing Civil Status Offices As Draft Civil Code of Eritrea

The right to have name at birth Article 31. (1) Every person has a first name, a patronymic and a second patronymic. (2) Instead of a second patronymic he may have a family name. (3) He shall be designated in administrative documents by his first name, patronymic and second patronymic or family name. (4) A patronymic of a person is the first name of his father. A second patronymic the first name of his paternal grandfather. (5) A family name is destined to remain the same in following generations.

Article 35/37 Declaration to the civil status 1. The civil status officer of the commune where the child is born shall be informed of the first name of the child and of his patronymic and a second patronymic or family name within three months following his birth, by the person who is bound to declare the birth of the child. 2. Before drawing up the record of birth the civil status officer shall require any of the parents or, in their absence, the guardian of the child, to state the first name which the child is to be given. 3. If he does not receive any reply or if the first name proposed is not acceptable in terms of the law, the civil status officer shall himself choose the first name of the child.

4 Proof of Civil Status Art. 42/47 Mode of proof 1. Births, deaths and marriages shall be proved, in case of doubt or dispute, by means of the records of civil status. 2. They may also be proved, in the cases provided by law, by means of acts of notoriety or of possession of status.

The following can carry out the duties of officers of the civil status as regards the births deaths and marriages 1. Head of commune shall be the civil status of officer in the territory of his commune. 2. Departmental office: the administration of the region shall appoint in each chief town of the departments of the region the personnel of the departmental office of civil status. 3. Consuls of Eritrea shall, within their territorial limits and as regards Eritrean subjects, carry out the duties of officers of civil status. 4. Commanding Officers of ships flying the Eritrean flag shall carry out the duties of officers of civil status as regards the births, deaths and marriages 5. which take place on board their ship.

Duties of Officers of Civil Status Art. 53/59 – Principles 1. The civil status of officer shall ensure that the births, deaths and marriages taking place within his jurisdiction be entered in the register of civil status. 2. The civil status of officer shall ensure that the following events be added to the birth records by way of a later annotation: 3. Acknowledgement of the child; 4. Adoption of a child; 5. Judicial establishment of paternity; 6. Contestation of paternity judicially declared well-founded; 7. Annulment of an acknowledgement; 8. Revocation of an adoption; 9. Change of name of a child.

Art. 97/101 Declaration of birth The birth of the child may be declared to the civil status officer by any person; parents of the child or in their default the guardian of the child or in default of the a guardian the person who has taken care of the child are obliged to declare the birth to the civil status officer. The civil status officer shall draw up the record of his own motion if he is aware of the birth.

Art. 56/62 Periods Records of civil status shall be drawn up within the following periods: (a) Three months from the date of birth for records of birth; (b) One month from the date of death for records of death; (c) One month from the date of marriage for records of marriage.

Art. 57/63 Records to be drawn after prescribed periods. 1. After the periods laid down in art. 56 have expired, records of civil status may only be drawn up when sanctioned by court decision. 2. In such cases as referred to in sub-article (1), the record shall bear a reference to such judgement.

Records of Birth Art. 96/99 Particulars of birth record The record of birth shall show (a) The day, month and year of the birth; (b) The sex of the child; (c) The name which is given to him; (d) The names, dates and places of birth of his father and mother ; (e) Where appropriate the name, date and place of birth of the person making the declaration.

Birth Registration Certificate can be drawn up any time provided Art. 56/62 or 57/63 of the civil code (see above) is fully met. Birth Registration Certificate fee is only Nakfa 35.00 (equivalent to $2.58 USD)

Birth Registration Certificate among others includes the following important information:

(a) Name of the child (b) Sex (c) Date of birth (d) Place of birth (e) Parent’s names birthplaces, addresses and citizenship.

5 IV. Recommendations

The establishment of a vital/birth registration system in Eritrea is essential not only for the government to have birth information to update its policies and programs, but also to ensure the basic and fundamental rights of children as stipulated in article 7 of the Convention on the Rights of the Child.

Herein below are measures recommended for the establishment of a sustainable and complete vital registration system in the country:

? Government has to be committed to draft and implement a policy on vital registration policy.

? Government has to establish a workable civil status administrative structure that takes into account the prevailing social services of the country.

? Government has to allocate adequate resources in collaboration with UN agencies, bilateral and other concerned partners.

? Develop a vital registration system that is obligatory and backed with an incentive and disincentive policy approach.

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