CRC/C/RWA/CO/3-4
24.
The Committee draws the State party’s attention to its general comment No. 12
(2009) on the right of the child to be heard, and recommends that it continue to ensure
the implementation of the right of the child to be heard in accordance with article 12
of the Convention. In so doing, it recommends that the State party promote the
meaningful and empowered participation of all children within the family, community
and schools, and develop and share good practices. Specifically, the Committee
recommends that hearing the views of the child be a requirement for all official
decision-making processes that relate to children, including custody cases, child
welfare decisions, criminal justice, immigration and environmental matters. The
Committee also urges the State party to ensure that children with disabilities, without
parental care, Batwa children and other children in vulnerable situations have the
possibility to express their views, concerns and complaints during the preparation,
planning and implementation of laws, policies and programmes relating to children.
D.
Civil rights and freedoms (arts. 7, 8, 13-17, 19 and 37 (a) of the
Convention)
Birth registration
25.
While the Committee notes that Law No. 54/2011 relating to the rights and the
protection of the child provides for the right to name and nationality, it is concerned that
only 63 per cent of children were registered with civil authorities and less than 7 per cent
had birth certificates in 2010 according to the latest Rwanda Demographic and Health
Survey. The Committee further notes with concern that:
(a)
Despite efforts to improve birth registration through legislative reforms and
birth registration campaigns, children born to refugee parents and children of migrants are
still not registered in the State party, partly due to inconsistent implementation of Law No.
14/2008 of 4 June 2008 governing the registration of the population and issuance of the
national identity card;
(b)
Birth registration procedures are complicated in the State party and do not
facilitate the ready issuance of birth certificates; and
(c)
Law No. 14/2008 imposes penalties, including prison sentences on families
who fail to register their children within the first 45 days, which could deter parents or
guardians from registering their children and result in the separation of the parents from
their children, which is not in the best interests of the child.
26.
The Committee recommends that the State party strengthen its efforts to
ensure free and immediate birth registration, including the issuance of birth
certificates for all children, by means of accessible and expeditious registration
procedures. The Committee further recommends that the State party:
(a)
Increase availability and access to registry services and strengthen
sensitization and training for registration officers on relevant laws to ensure the
registration of all children, including refugee children immediately after birth;
(b)
Intensify community sensitization and public awareness of the
importance of birth registration, including among refugee populations and in urban
areas;
(c)
Amend Law No. 14/2008 in order to remove penalties of imprisonment
and all legal and procedural barriers that impede birth registration; and
6