Afghanistan: Issuance of birth certificates and marriage certificates; types of documents required by the applicant in Afghanistan or in embassies to obtain official documents

Birth certificates

Birth certificates are rare, according to a representative of the Afghanistan Research and Evaluation Unit (AREU) (16 Apr. 2006), a donor-funded, Kabul-based research organization that seeks to improve Afghan lives (AREU n.d.). The AREU Representative explained, in correspondence with the Research Directorate, that birth certificates "may in certain very unusual circumstances be obtained from the hospital and approved by the Interior Ministry" (16 Apr. 2006). No information on the exact nature of these "unusual circumstances" could be obtained by the Research Directorate within the time constraints of this Response. An official from the Embassy of the Republic of Afghanistan in Ottawa also stated in a telephone interview with the Research Directorate that birth certificates have historically not been issued in Afghanistan (22 Nov. 2007). However, the Embassy Official stated that if birth certificates are not obtained immediately after a child's birth, they are difficult to acquire later on (Afghanistan 22 Nov. 2007).

According to the United Nations Children's Fund (UNICEF), provincial-level birth registration has started in Kabul as part of a UNICEF-supported project, although registration is initially limited to a few maternity hospitals (UN 31 Mar. 2007). The Embassy Official commented that the process of birth registration is made more challenging by the high number of home births in Afganistan (Afghanistan 22 Nov. 2007). Births that take place in a hospital are much more likely to be registered (ibid.). The United States (US)-issued Reciprocity Schedule indicates that although the "availability and veracity" of birth certificates varies widely, birth records are provided by some hospitals and local authorities (US n.d.).

With respect to children born in refugee camps, the Office of the United Nations High Commissioner for Refugees (UNHCR) reported in 2004 that the agency is working to ensure birth certificates are issued to newborn children in 15 refugee camps located on the border of Pakistan and Afghanistan (UN 6 Feb. 2004). The birth certificate is described as follows:

The new document records the baby's name and gender, date and place of birth, the father's name and place of origin. It is signed by UNHCR and Project Directorate Health, an organisation linked to Pakistan's Commissionerate of Afghan Refugees that provides medical services under an agreement with UNHCR. (ibid.)

Marriage certificates: Prevalence and process for obtaining marriage documents

In a 22 November 2007 interview conducted by the Research Directorate, the Embassy Official stated that most Afghan citizens do not apply for marriage certificates from the government. Integrated Regional Information Networks (IRIN) likewise notes that the "vast majority" of Afghans do not appear to be officially registering their marriage (UN 14 Mar. 2007). The report of a Finnish fact-finding mission to Afghanistan states that wedding documents are uncommon (Finland Sept. 2006, 37). The report goes on to relay an anecdote in which an Afghan man said that a government-issued marriage document was unnecessary for his daughter because everyone would know she was married by virtue of her wedding celebration and a wedding video (ibid.).

The report further indicates that documents are meant to be available free of charge from local courts, although an administrative charge and/or bribe may nonetheless be paid (ibid.). The report states that it is currently common to make wedding videos, which "at least in Faryab, Mazar-i Sharif and Bamyan" are considered by authorities as adequate proof that a wedding has taken place (ibid.).

Types of marriage documents

Integrated Regional Information Networks (IRIN) reported on 14 March 2007 that the Supreme Court of Afghanistan has approved a new marriage contract (UN 14 Mar. 2007). The Canadian International Development Agency (CIDA) corroborates that there is a new national marriage contract (12 July 2007). The new formal marriage contract is reported to be 15 pages long and is intended to prevent forced marriages and marriages involving women under 16 years of age (UN 14 Mar. 2007). No further information on the new marriage contract could be found within the time constraints of this Response.

On 5 May 2006, the Counsellor of the Embassy of the Republic of Afghanistan in Ottawa stated in correspondence with the Research Directorate there are two types of marriage documents: the marriage certificate and the marriage record book (Afghanistan 5 May 2006). The marriage record book is the official marriage document (ibid.). However the Counsellor also said that the marriage certificate is a recognized document issued by tribunals or cultural centres (ibid.). In 16 April 2006 correspondence, the Representative of the AREU indicated that the marriage certificate "is a document prescribed in Shari'a law and national law, is prepared by local elders or the mullah, and is then registered in the court documents." These documents are called "Nakahnama or Nekahnama" (Afghanistan 5 May 2006).

In 13 April 2006 correspondence, the Counsellor of the Embassy of Afghanistan in Ottawa indicated that Afghan authorities issue a marriage record book of 14 pages in several formats and colours; its dimensions are 13cm x 17cm (13 Apr. 2006). The marriage record book is usually yellow or white (Afghanistan 5 May 2006). The marriage certificate is a one-page document, has different formats (ibid.), and includes the essential information that appears in the marriage record book (Afghanistan 13 Apr. 2006): identity of the groom and the bride, identity of legal representatives, identity of the marriage witness and name and title of person performing marriage ceremony (ibid. 5 May 2006).

According to the Counsellor of the Embassy of Afghanistan, information found in the marriage record book includes:

[translation]

NEKAHNAMA

(Afghanistan 13 Apr. 2006 emphasis in original).

The Counsellor indicated that when the marriage record book is issued outside of Afghanistan, the stamp of the office of consular affairs / department of foreign affairs on page six certifies the authenticity of the document (5 May 2006).

For further information, refer to the attached copy of the form to apply for a marriage certificate at the Embassy of Afghanistan in Washington, DC (Afghanistan n.d., 1).

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.

References

Afghanistan. 22 November 2007. Embassy of Afghanistan in Ottawa. Telephone interview with an official.
_____. 5 May 2006. Embassy of Afghanistan in Ottawa. Correspondence from the Counsellor.
_____. 13 April 2006. Embassy of Afghanistan in Ottawa. Correspondence from the Counsellor. Translated from French to English by the Multilingual Translation Directorate, Translation Bureau, Public Works and Government Services Canada.

Afghanistan Research and Evaluation Unit (AREU). 16 April 2006. Correspondence from a representative.
_____. N.d. "About AREU." [Accessed 23 Dec. 2007]

Canada. 12 July 2007. Canadian International Development Agency (CIDA). "Canada's New Government Reinforces its Commitment to Enhance Justice and the Rule of Law in Afghanistan." [Accessed 26 Nov. 2007]

Finland. September 2006. Directorate of Immigration. Afghanistan: Report from a Fact-Finding Mission to Afghanistan, 5 – 19 September 2006.

United Nations (UN). 31 March 2007. UN Children's Fund. (UNICEF). "UNICEF Afghanistan Situation Report – External: 1 January – 31 March 2007." [Accessed 26 Nov. 2007]
_____. 14 March 2007. Integrated Regional Information Networks (IRIN). "Afghanistan: New Contract to Curb Child Marriages." [Accessed 13 Dec. 2007]
_____. 6 February 2004. Office of the UN High Commissioner for Refugees (UNHCR). "Birth Certificate Programme Secures Afghan's Identities." [Accessed 20 Nov. 2007]

United States (US). N.d. Department of State. "Afghanistan Reciprocity Schedule." [Accessed 4 Dec. 2007]

Attachment

Afganistan. N.d. Embassy of Afghanistan in Washington, DC. Consulate. "Application for Marriage Certificate." 1 p. [Accessed 4 Dec. 2006]

Additional Sources Consulted

Internet sources, including: Afghan Association of London, Afghanistan Centre at Kabul University (ACKU), Center for Strategic and International Studies (CSIS), Council on Foreign Relations, Inter-Press Service (IPS), International Organization for Migration (IOM), The Refugee Studies Centre.