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Session_9_Madagascar_Registrar Powered By Docstoc
• The events relating to civil status of each citizen
  are registered in each municipality, as center
  status according to law No. 61-025 of 9 October
  1961 on civil status. A circular of application is
  appended to this law with models for the
  registration of each category of act of civil.
• There are 1500 municipalities, called commune
  in the territory of the Republic of Madagascar
I - Competent authority to record
      the events of the civil
• The Mayor is the Chief Administrative Officer of
  the Commune, and the burden of local interests.
• The Mayor and deputies are officers of civil
• The officers of civil status are only competent to
  receive and keep the proceedings of the state
• The officer had standing to receive the
  statements and acts that draw within their
  II - Duties of officiers of state civil
• The officer is responsible for:

    1 To receive declarations of birth and to draw
  up act;
  2 To obtain concurrently with the officers and
  notaries public authorities, the recognition of
  children born outside marriage and to establish
  3 To observe the marriage and to establish act;
  4 To receive declarations of death and prepare
  5 Receive acts of adoption and rejection (adult);
  6 To keep the registers, ie: To include all acts
  that he has received:
  - Transcribe some acts received by other public
     III – The events of the civil
•   Birth
•   Death
•   Marriage
•   Adoption
•   Recognition of child born outside marriage
•   Act rect
•   Judgment of divorce or marriage annulment
•   Judgment of name change
 IV - The supervisory authorities
The verfication and monotoring the fuctioning of
  civil status is exercised by :
• judicial authorities : prosecutor at the court of
  First Instance or the judge delegated by him
• State representative at the district level under
  the control of legality. This authority also
  responsible for the administrative census and
  the establishment of database of the population.
  V - The registration system of
In each center status, it is required in duplicate
  separate registers:

 a) For births and recognitions;
 b) For deaths;
 c) For marriages;
 d) For adoptions and reject
 1. The rules common to all acts of civil

The statements are received:

  - For births by the officer's place of birth;
  - For deaths by the place of death;
  - For weddings, for the venue of the celebration;
  - For adoptions and discharges, by that of the
  habitual residence of the adoption or rejection;
  - (Law 66-017 of 05.07.66) for recognition by
  that of habitual residence of the person who
  recognizes the child;
    2. The rules of each category of act of
a) Birth certificates

•    Statements of birth should be made within twelve days
     of birth.
•    The birth certificate should state the date, time and
     place of birth, sex and the names and surnames that
     are given the full name, age, place of birth, occupation
     and residence habitual father and mother and, where
     appropriate, name, occupation and residence of the
•    The birth certificate is drawn up immediately and
     signed by the declaring and the officer
b) Death certificate
Any act of death include:

 the date, time and place of death;
  the name, sex, date and place of birth,profession
  and home of the deceased; the full name,
  occupation and residence of his father and
 the names of spouses, if the deceased is
  married; degrees if appropriate, the full name,
  age, occupation and address of the registrant
  and, where appropriate, its kinship with the
  deceased, or the fact that he has witnessed the
 It is given on the records no indication of the
  circumstances of death unless the identity of the
  corpse remains unknown.
 The authority responsible for issuing burial
  permits will collect the information necessary for
  the declaration and the establishment of the
  death, it will forward information to the civil
c) Acts of marriage
• Marriage can be contracted in one of two

 - Celebration by the officer or,
 - In traditional celebration, followed by civil
 registration (only in rural areas)
• The marriage will contain:
  1 the name, occupation, age, date and place of
  birth, parentage and residence of the spouses;
  2 nationality declared by the spouses on the
  inquiry made to them by the officer;
  3 a finding by the officer that the contractors
  have said or agreed to take to spouses;
  4 names, ages, occupation and residence of
d) Act of adoption

 The act of adoption must indicate:

 full name, date and place of birth (approximate
  age when the date of birth can not be listed),
  affiliation, occupation and residence of the
 full name, date and place of birth (approximate
  age when the date of birth can not be listed),
  affiliation, occupation and residence of the
e) Act of rejection

All Malagasy nationals are allowed to reject a
  child, but they must first be authorized by the
  presiding judge of their residence to the
  statement of rejection.

  Accordingly, the registration officers will not
  receive a rejection only on presentation of the
  authorization granted by the presiding judge.
f) act of recognition of children born outside
• The act of recognition of a child born
   outside marriage is registered to date.
• Mention is made of the act of recognition
   on the sidelines of the birth certificate, if
   one exists, and it is to notice within three
   days, the clerk of the court's place of birth.
     Marginal references

The endorsement is a marginal
advertising intended to clarify
the legal position of the holder
of an act of civil status.
   a) The acts that must be marked in the
 On the sidelines of birth:
acts of marriage,
 adoption
 rejection,
 death,
 recognition
 judgment of divorce, annulment of marriage,
 denial of paternity,
 Judgment change of name,
 judgments or decisions establishing paternity or
Regarding divorce, the officer on registers which
has been the transcript of the decision made on
the sidelines of the marriage and birth
certificates of the parties and give notice of
divorce refer to the Registrar of the court.
b) The particulars essential to include

 The date and nature of the event, on
 court judgments, date and the court has
5. Judgments of supplementary civil

• When the birth or death has not been made
  within the period prescribed by law, anyone who
  wants to replace the lack of a birth or death must
  bring to end this action in the court of first
• The court makes a ruling supplementary birth
  certificate or death as appropriate.
• Trial supplementary birth certificate or death
  must be entered in the center of civil status.
   V - The factors that hamper the
  production of vital statistics from
          civil registration

• According to the Civil Status Act, each
  center civil forward to the Ministry of
  Justice every five years a table showing all
  categories of acts recorded.
• In principle, this table would allow the
  Department of Justice to establish the
  statistical data on the events of the civil
For several years, centers civil doesn’t send the
table in question to the Ministry of Justice for
various reasons :
• Inadequate budget of Commons for the costs of
• Insufficient number of administrative staff
  compared to the volume of work to do on civil
• the registration officers have not received
  adequate instructions to set the table
• administrative and judicial authorities
  responsible for control and supervision of civil
  status are not available to the proper control
  because they are inundated with other work at
  their charge
• Moreover, registration officers no longer
  send the statistical sheets to the National
  Institute of Statistics for various reasons:
• Previously, statistical sheets were provided free
  by INSTAT. Currently, the centers of civil status
  must buy these sheets on the budget for the
  town which is insufficient.
• In some centers civil status, these sheets still
  exist and are satisfied but they are no longer
  forwarded to the Central Bureau of Statistics
  because the shipping package is then paid
  before the shipment was free
• On the organizational level, it was found that the
  malfunctioning center for a civil cause the
  problem of payment of salaries of secretaries of
  state civil. Therefore, they are not well motivated
  to do their work regularly
  VI – Barriers to the registration of
          events in the civil
 Some events in the civil status are not registered at the
  center of the civil: births, deaths, marriages traditional

The reasons :
 Particularly in remote rural areas centers of civil status or
  isolated. The period of 12 days prescribed by law for the
  birth and death is considered too short
 The rural population is not sufficiently aware of the
  importance of birth and death
 the rural population is not aware of the proceedings on
  the registration of traditional marriages at the town hall
• Since 2004, the Government had launched a
  rehabilitation program in the registration of births
• The program's objective is to implement all
  means to ensure that births are registered within
  the legal deadline.
• The implementation of the program is under the
  coordination of the Ministry of Interior and the
  Ministry of Justice with the collaboration of
  several departments
  Actions already undertaken
• The establishment of a local committee for
  monitoring the registration of births,
• The relaunch of administrative and judicial
  control civil status
• Reform of the law: thus the reporting
  period of 12 days is extended by 45 days.
  In remote rural areas or isolated, a special
  procedure for registering births are created
• To facilitate the registration of births and
  encourage people to register births
• The registration officers are currently
  receiving training and instructions. To this
  end, they receive training on how to
  respect for escalations data events of the
  civil authorities. Registration officers are
  currently receiving training and
• Children who were not registered at birth are
  being recorded by means of issuing judgments
  supplementary birth certificate by the courts
• The process of implementing the program
  begins with the identification of unregistered
• The implementation of this program is made with
  the technical and financial collaboration of
  UNICEF, UNDP and in collaboration with civil
  society and NGOs

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