Mali: Requirements and procedures to obtain a national identity card, a birth certificate and a certificate of nationality; characteristics of each of these identity documents, including physical features (2012-February 2015)

1. National Identity Card

According to the website of the government of Mali, "L'Administration à votre service"("Administration at your service"), the issuance of the Mali national identity card is based on the Decree No. 14/PG/RM of January 9, 1988 on the establishment and regulation of the issuance of the identity card and the consular card (Décret n°014/PG- RM du 09 janvier 1988 portant institution et règlementation de la délivrance de la carte d'identité et de la carte consulaire) (Mali n.d.b.).

1.1 Requirements and Procedure to Obtain a National Identity Card

During an interview with the Research Directorate, an official from the Mali Embassy in Ottawa stated that any person, upon reaching the age of majority (18 years old) and who is officially considered a citizen of Mali, has the right to obtain a national identity card (ibid. Feb. 18 2015).

Further, the website of the government of Mali gives the following information regarding the procedure to obtain a national identity card:

The applicant goes in person to the Identity Card Section of his local police station, gendarmerie, or sub-prefecture.

The officer in charge records the following information about the applicant:

fingerprint card

height

complete address (street, number), name of landlord as the case may be.

The identity card template is filled out by the officer who affixes the applicant's photograph and sends the specimen to the Chief of the Section.

The Chief of the section verifies the information on the template, records it and sends it to the Chief of Police for his approval and signature, and returns it to the Identity Card Section where it is laminated and given to the applicant.

Document checklist:

3 identification photographs

the identity card that is about to expire (or a copy of the birth certificate excerpt, family booklet, marriage certificate, or the applicant may bring 2 witnesses known to the neighborhood, along with their valid identification documents)

fiscal stamps (500 + 200 CFA francs) [approximately $CDN1.10 + $CDN0.10]

Legal fees:

1,000 CFA [approximately $CDN2.20 ] when picking up the card, along with a receipt.

Delay necessary to obtain the card: 24 hours (ibid. n.d.b.)

The embassy official also noted that it is [translation] "normally" not possible to obtain a national identity card outside of Mali (ibid. 18 Feb. 2015). According to the official, a citizen of Mali can however obtain a consular identity card, which confirms his identity and [translation] "serves as a national identity card" (ibid.). The consular identity card can only be issued by Malian embassies and general consulates abroad, since it is not part of the mandate of honorary consuls to issue those cards (ibid.).

According to the website of the Embassy of Mali in Ottawa, in order to obtain a consular card, a citizen of Mali who lives in Canada must provide the following documents:

[translation]

Their previous national identity card or consular card, a copy of their passport from Mali, or their birth certificate excerpt from Mali

Fully completed form (can be downloaded [from the website])

2 identification photographs

40 dollars (cheque made payable to the Embassy of Mali (ibid. n.d.a.)

1.2 Content and Features of the National Identity Card

A sample of a Malian national identity card from an official source could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. A sample card found on the ongoing news website Mali Actu, as part of an article on the Malian national identity card, is attached to this Response (Attachment 1) (Mali Actu 12 May 2013).

According to the official from the Embassy of Mali in Canada, a national identity card is valid for three years, as indicated on the back of the card (Mali 18 Feb. 2015).

Sources further report the existence of corruption with some members of the police when issuing national identity cards, demanding a higher fee than the official fee, which can make it difficult for applicants to obtain a card (ibid. 14 May 2013; Journal du Mali 8 Dec. 2014; Maliweb.net 10 Apr. 2013).

1.3 Content and Features of the Consular Identity Card

A consular identity card sample provided to the Research Directorate by the Embassy of Mali in Canada is attached to this Response (Attachment 2).

2. Birth certificate

2.1 Legal Framework

According to the website of the government of Mali "L'Administration à votre service", Act No. 06-024 of 28 June 2006 (Loi n°06-024 du 28 juin 2006 régissant l'état civil) provides the legal framework for the requirements to obtain the excerpt and the copy of the excerpt of the birth certificate (Mali n.d.c.).

The Act stipulates that:

[translation]

Article 74: Any live birth of a child taking place on the territory of the Republic of Mali must be declared at the civil registration office of the place of birth, whereas the foreign parents of a newly-born child must declare the birth of their child to the consular authorities of their country.

The birth of any child taking place during a trip by car, train, boat or airplane must be declared at the civil registration office of the first stop.

Article 75: The birth declaration must be made within 30 clear days from the date of the birth.

Article 76: The declaration of birth may be done by the father or the mother of the child, or in absence thereof, by any other relative of the child, or in absence thereof, by the doctor, the midwife or by any other person at whose place the birth took place, or in absence thereof, by the village or faction chief.

Article 77: The identity of the parents of a child born outside marriage is declared only if they acknowledge the child. If the child is acknowledged by either parent, the identity of only that one parent will be declared.

The birth certificate must bear no mention of the illegitimacy of the birth. (ibid. 2006b)

2.2 Requirements and Procedure to Obtain a Birth Certificate

According to the official from the Embassy of Mali in Ottawa, "extrait d'acte de naissance" (birth certificate excerpt) is the official name for a birth certificate in Mali (ibid. 18 Feb. 2015).

According to the Mali Country Reciprocity Schedule published by the United States, "Malian birth certificates are issued only to those Malians born in maternity centers or to those whose birth is declared within thirty days after birth" (U.S. n.d.). However, according to the official from the Embassy of Mali, a substitute certificate (jugement supplétif) may be issued by Malian tribunals to any adult who has lost his original birth certificate, and the substitute certificate has the force of an original birth certificate (Mali 18 Feb. 2015).

The following information was provided by the official at the Embassy of Mali in Ottawa (ibid.).

The process that leads to the issuance of a birth certificate begins as soon as the birth is declared to the municipal authority as set out in the Act. The third copy of the birth certificate becomes the actual birth certificate, since the first copy is kept by the issuing authority, and the second copy goes to the Department of Justice. In Mali, the birth certificate excerpt and copies of the birth certificate excerpt are issued in municipal services, and outside of Mali, in embassies and general consulates.

The Malian government website gives the following information on how to obtain a copy of a Malian birth certificate, as well as a copy of a birth certificate:

[translation]

Procedure and place of issuance:

Hospitals, clinics, or maternity hospitals register the birth of a child in a civil registry, and then send a declaration of birth (called volet II) to the city hall or to the Centre d'état civil (Civil Status Centre) that they belong to.

Hospitals, clinics or maternity hospitals give the applicant (herein called the user) the birth declaration number who, in turn, submits it to the civil status centre where the declaration of birth was originally sent.

The civil status centre's officer records the information included in the declaration of birth. This step is called transcription.

The user confirms the accuracy of the information that has been transcribed.

The birth certificate excerpt, (called volet III) is then sent to the mayor for signature and given to the user who can make copies.

Parents are given a maximum period of one (1) month (30 clear days) to register the birth of their child. If that period of time is expired, a ruling ordering that a substitute birth certificate be issued takes place.

The birth certificate excerpt is done in writing. Copies are typed.

Documents to bring:

The declaration of birth from the hospital, clinic, or maternity hospital must be provided in order to obtain the birth certificate excerpt.

The birth certificate excerpt (volet III) must be provided in order to obtain copies of the birth certificate excerpt.

Legal fees

The birth certificate (volet III) excerpt is free of charge.

A fee of 100 CFA francs must be paid to obtain a copy of the birth certificate excerpt throughout the country. Copies can be issued in any of the civil status centres (centre d'état civil).

Delay necessary to obtain the birth certificate and birth certificate excerpt: usually delivered within 24 hours from the day the application is received at the civil status centre. (ibid. n.d.c.)

2.3 Content and Features of the Birth Certificate Excerpt

A sample of an original birth certificate excerpt (volet III as mentioned above), as well as a sample of a copy of a birth certificate excerpt sent by the Embassy of Mali to the Research Directorate is attached to this Response (Attachment 3). The letters NINA printed on these documents is the abbreviation of the national identification number of natural and legal persons established pursuant to Law No. 6-040 of August 11, 2006 Establishing the National Identification Number of Natural and Legal Persons (Loi no6- 040 du 11 août 2006 portant institution du numéro d'identification nationale des personnes physiques et morales (ibid. 2006a, Art. 1). Article 5 of this Law stipulates that NINA must be "written" in the margin on the birth certificate document (ibid., Art. 5).

Further, according to the official from the Embassy of Mali in Canada, a birth certificate excerpt is [translation] "valid at all times" (ibid.18 Feb. 2015). Further information on the features of the Malian birth certificate excerpt could not be found by the Research Directorate within the time constraints of this Response.

3. Certificate of Nationality

3.1 Requirements and Procedure to Obtain a Certificate of Nationality

According to Article 54 of Law No. 62-18-AN-RM dated February 3, 1962 (Loi nº62-18 AN-RM du 3 février 1962), the [translation] "[nationality] certificate indicates which articles of the Law make a person a Malian citizen, and which documents help confirm that he is a Malian citizen. This information is considered true unless proven otherwise" (ibid. 1962).

According to the official at the Embassy of Mali in Canada, a certificate of nationality is issued for different purposes; this certificate is required, for example, when entering the Malian public service as an employee (ibid. 18 Feb. 2015).

Furthermore, the Mali government website "L'Administration à votre service" provides the following information on the requirements to obtain a Mali citizenship certificate:

[translation]

Process and places of issuance:

The applicant goes in person to the Office of Criminal Records and Citizenship Certificates at a civil court.

The officer enters the information on a record that he then sends to the Chief Clerk.

The Chief Clerk verifies the accuracy of the information and registers it, and then submits the certificate to be signed by the Chairperson of the tribunal or the Justice of Peace with extensive jurisdiction.

The signed certificate is then returned to the Office of Criminal Records and Certificates of Nationality.

Documents to be provided: a copy of the birth certificate excerpt.

Legal fee: 750 CFA francs [approximately $CDN1.65]

Delay necessary to obtain the citizenship certificate: 24 hours (ibid. n.d.d.)

According to the official at the Embassy of Mali, the certificate of nationality issued by the courts can also be issued on the basis of the birth certificate excerpt (ibid. 18 Feb. 2015). According to the official, the applicant does not have to go in person in order to obtain his citizenship certificate (ibid.). Moreover, a person outside of Mali may ask a person [translation] "of trust in Mali" to go to the court in order to obtain a citizenship certificate on his/her behalf, by submitting the applicant's birth certificate excerpt (or copy thereof), without having to submit a power of attorney (ibid.). However, according to the Malian government website "eRegulations", even if the applicant does not have to be physically present in order to obtain his/her certificate of nationality at a trial-level court, the applicant's representative must submit a document called [translation] "simple power of attorney" (ibid. n.d.e.).

Article 53 of the Law No. 62-18 AN-RM of February 3, 1962 stipulates that the certificate of nationality is issued outside of Mali by diplomats or consular agents (ibid. 1962). The website of the Embassy of Mali in the United States gives the following information on the process to be followed by citizens of Mali who fall under the jurisdiction of that embassy and who wish to obtain a certificate of nationality:

[translation]

Applicant of Malian origin

Application sent to the ambassador, with signature and date

Birth certificate excerpt (photocopies will not be accepted)

Applicant who became a Malian national by way of marriage

Application sent to the ambassador, with signature and date

Certified copy of wife or husband's birth certificate

Copy of wife or husband's consular identity card

Certified copy of applicant's birth certificate

Certified copy of transcription of marriage certificate

A prepaid return envelope

Fee : 20 dollars [approximately $CDN25]

Processing time: 1 week (ibid. n.d.f.)

3.2 Content and Features of the Certificate of Nationality

According to the official at the Embassy of Mali in Canada, the information that appears on the certificate of nationality corresponds exactly to the information that is included in the birth certificate excerpt or copy of the excerpt (ibid. 18 Feb. 2015). A sample of the Malian certificate of nationality found on the "eRegulations"" website of the government of Mali, which is managed by the Department of Industry and the Promotion of Investments, is attached to this Response (Attachment 4) [1].

An article published in February 2015 in the Malian newspaper L'Annonceur reports on the difficulty for children born outside of Mali to obtain a certificate of nationality at a specific court (5 Feb. 2015). Further information on the difficulty for children born outside of Mali to obtain a certificate of nationality could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the official at the Embassy of Mali in Canada, the certificate of nationality has an unlimited period of validity (Mali 18 Feb. 2015). Further information on the validity and the features of the certificate of nationality could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

Note

[1] The attached document (Attachment 4), a copy of a Certificate of Nationality, is the highest quality copy that could be found among the sources consulted by the Research Directorate within the time constraints of this Response.

References

L'Annonceur. 5 February 2015. "Tribunal de la commune VI : Le calvaire des demandeurs du certificat de nationalité." [Accessed 19 Feb. 2015]

Journal du Mali. 8 December 2014. "Le coût d'une 'identité'." [Accessed 25 Feb. 2015]

Mali. 18 February 2015. Embassy of Mali in Canada. Interview with an official.

_____. 14 May 2013. Primature. "Pénurie de cartes d'identité: solution en vue." By Abdourhamane Touré. [Accessed 25 Feb. 2015]

_____.2006a. Loi nº06-40 du 11 août 2006 portant institution du numéro d'identification nationale des personnes physiques et morales. [Accessed 20 Feb. 2015]

_____.2006b. Loi nº06-024 du 28 juin 2006 régissant l'État civil. [Accessed 20 Feb. 2015]

_____. 1962. Loi nº62-18 AN-RM- 3 du 3 février 1962. [Accessed 20 Feb.2015]

_____. N.d.a. Embassy of Mali in Canada."Carte consulaire." [Accessed 18 Feb. 2015]

_____. N.d.b. "L'administration à votre service: carte nationale d'identité - demande." [Accessed 20 Feb. 2015]

_____.N.d.c. "L'administration à votre service: naissance (demande d'extrait de naissance)." [Accessed 17 Feb. 2015]

_____. N.d.d. "L'administration à votre service: certificat de nationalité - demande." [Accessed 17 Feb. 2015]

_____.N.d.e. "Retrait d'extrait de casier judiciaire et du certificat de nationalité: Qu'allez-vous obtenir." [Accessed 24 Feb. 2015]

_____.N.d. f. "Ambassade du Mali aux États-Unis. Prestations consulaires pour les Maliens de la Juridiction (États-Unis - Mexique - Brésil - Argentine - Chili - Bolivie - Uruguay)." [Accessed 20 Feb. 2015]

Mali Actu. 12 May 2013. "Document de nationalité: Les raisons de la pénurie de carte d'identité nationale." [Accessed 19 Feb. 2015]

Maliweb.net. 10 April 2013. "Pénurie de cartes nationales d'identité: Où est passé l'État? Qu'est ce qui se cache derrière cette affaire?" [Accessed 19 Feb. 2015]

United States (U.S.). N.d. Department of State. "Mali Country Reciprocity Schedule." [Accessed 23 Feb. 2015]

Additional Sources Consulted

Oral sources: Attempts to contact the Bamako Office of the International Organization for Migration were unsuccessful within the time constraints of this Response. The National Document Centre of the Canada Border Services Agency was unable to provide information within the time constraints of this Response.

Internet sites, including: Afrik.com; AllAfrica; ecoi.net; L'Essor; Dépêches du Mali; Droit-Afrique.com; Factiva; Keesing Reference Systems; Lexadin; United Nations - Development Programme, Office of the High Commissioner for Human Rights, Refworld.

Attachments

1. Mali. N.d. "Carte nationale d'identité." < [Accessed 19 Feb. 2015]

2. Mali. N.d. "Carte d'identité consulaire." Sample obtained during an interview with an official from the Embassy of Mali in Canada, 18 February 2015.

3. Mali. N.d. "Acte de naissance : volet nº3," "Extrait d'acte de naissance." Samples obtained during an interview with an official from the Embassy of Mali in Canada, 18 February 2015.

4. Mali. July 2009. Bamako Court of Appeal. "Certificat de nationalité malienne." [Accessed 24 Feb. 2015]