The government yesterday used its majority in the National Assembly to pass amendments to the legislation for the registration of births and deaths, including simplifying the process for adults without original documents to acquire birth certificates.
The Registration of Births and Deaths (Amendment) Bill 2021 was passed following more than three hours of debate.
Once enacted, it will see the insertion of a new Section 44A in the principal Act, simplifying the process of acquiring a birth certificate if a person has no original documents. Such persons will have to present a statutory declaration by a person of high standing within a community, such as a community leader or Toshao, or any other document containing particulars of their birth. This saw concerns being raised among the opposition members. The clause also provides how a certificate of death for an adult who has no original documents may be obtained.
In addition, the bill amends the Act by inserting a new Section 34, which provides for a parent to choose any surname for the child, while a new Section 35 would enable the name of the child to be entered on the registration form at any time after the birth has been registered and for persons 18 years and older to also apply for insertion of a name. Clause 3 also removes the time limit of 12 months from the date of registration of birth in respect of late entry of a child’s name in the registration form and sets out a simpler process to be followed for the entry of the child’s name where the child is registered without a name.
Presenting the bill for its second reading, Minister of Home Affairs Robeson Benn argued that the amendments will be strengthening the measures by which a person can validly be given a birth certificate while ensuring that that there is a valid record of their birth. He pointed out that it is the right of every Guyanese to have the relevant document to identify themselves. “For too many people who do not have a birth certificate, the acquisition of a birth certificate, the process will be a very tedious and, also, discriminatory… It also has implications with regards to the time, and cost,” he said, adding that this also applies to acquiring a death certificate.
Fellow PPP/C parliamentarian Alister Charlie added that the amendments will address the woes of people in the hinterland, while highlighting the difficulties that persons living in these areas have to endure in order to obtain birth and death certificates.
However, APNU+AFC Member of Parliament (MP) Amanza Walton-Desir stated that the opposition coalition could not support the bill in its current form as she contended that it has multiple discrepancies, particularly regarding the new Section 44A, which can have devastating consequences on Guyana, particularly due to the influx of migrants from Venezuela.
With the new process, Walton-Desir argued, migrants can get birth certificates even when they are not entitled to one and she noted that it only takes a document from a Toshao stating such. She further stated that Guyana must take the matter of immigrants from Venezuela seriously as this could result in the Guyanese population being outnumbered.
Former Minister of Public Security Khemraj Ramjattan also voiced concern over the amendments to the bill. In relation to the section 44A, he said there must be corroboration for the statutory declaration by someone other than the “person of high standing,” such as a sibling, elder, neighbour or anyone who would be closely connected to the person’s birth. He pointed out that there are a lot of people that can be considered a “person of high standing” and there is the issue of them not knowing the applicant on a personal level before giving them the statutory declaration. He added that persons from other countries can come to Guyana and take advantage of this loophole – something which should be avoided at all costs.
Ramjattan went on to argue that using the difficulties in the hinterland to promote the amendment is baseless and added that the government should consider modernising administrative arrangements to ensure that legitimate Guyanese have access to these services. He subsequently called on the government to deal with the issues, saying that it is important to do a good job and not create a Trojan horse which paves the way for a lot of corruption.
Speaking on the amendment which seeks to allow a parent to choose any surname for their child, Ramjattan bluntly said that it is a mistake as there is a century-long standard practice of how a surname is issued to a child. He stated that the child usually takes the surname of the father and questioned why is there need to break the tradition. He subsequently asked for clarification of which parent can choose the child’s name and went on to note that the amendments create loopholes for mischief.
Realities and social needs
Parliamentary and Governance Affairs Minister Gail Teixeira subsequently stated that laws are made based on realities and social needs, while adding that many persons are denied their identity by the current process. She stated that there is a significant number of women in Guyana who raise their children alone because the father of the children refuses to sign their registration form. She stressed that this is a major social issue although there has been change because health workers register births in their respective communities. But getting the documents to prove their identity, she added, is still a major problem for older folks.
With regards to the parent now being allowed to choose any surname, Teixeira said a woman, especially a single parent, can now be allowed to give a child the surname of their choosing. She noted that there are lot of hyphenated names surnames in Guyana but the law does not allow for them and the amendments will now do so.
In addition, she said, if a person does not have the necessary documents, they cannot get an Identification card or passport. She said that there are persons dying who do not have a birth certificate, or who do have the financial means to go through a frustrating process and it is these issues that the amendment bill seeks to address.
She added that there is a clause in place for proof that the birth particulars of a person are correct and there will be a witness to state whether what the statutory document says is indeed true. “This bill is to help our people who have no identity, no certificate, to get registered. It gives women rights,” she added, while noting that registration documents previously required both parents to sign whereas the amendment will allow for one parent to sign and get the child registered.
Further, she said, many of the Venezuelan migrants were Guyanese who migrated and should they seek a birth certificate for their children, they are entitled to do so.
Meanwhile, in his contribution to the debate Minister of Legal Affairs Anil Nandlall stated that the bill corresponds with the United Nations Convention on the Rights of the Child. He stated that every child has a right to a name and there is a global problem as the UN has recognised that many countries have failed to get citizens registered.
“It’s a global dilemma and the UN has recognised it. And what we are doing here is to satisfy this at the level of the UN,” he said, before adding that it is also a constitutional obligation. The bill also seeks to empower women, he noted.
Further, he said, not a single election has passed where the PPP/C party has not found a person who is not registered. He stated that there are thousands of them across the country and the amendment corrects that.
Other amendment include the provision for the previous incorrect certificate and the new certificate to be kept as a record in the registry. Clause 6 amends section 49 to provide that the Registrar General issue a certificate of birth or death within 45 days from the filing of the original registration form of birth or death. Clause 7 amends the principal Act to insert a new Part VIA, entitled registration of Adoptions, consequentially providing for registration of adoptions which has been provided for by Part V of the Adoption of Children Act.
