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UNICEF - Colombia

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UNICEF - Colombia
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Unicef
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Infralegal
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CRVSID CASE STUDIES

COLOMBIA

PRODUCED BY UNICEF/UN-LIA IN COLLABORATION WITH VITAL STRATEGIES SEPTEMBER 2023

© UNICEF/UN0777009/FRANCOAcronyms .................................................................................................................................................................... 3 Objectives and Methodology for Individual Country Reports ................................... 4 OBJECTIVES ......................................................................................................................................................................... 4 METHODOLOGY .................................................................................................................................................................. 4 Colombia at a Glance ......................................................................................................................................... 5 The Journey Towards an Integrated CRVSID System ....................................................... 6 KEY MILESTONES ................................................................................................................................................................. 6 Civil Registration System .............................................................................................................................. 8 LEGAL FRAMEWORK ........................................................................................................................................................... 8 INSTITUTIONAL ARRANGEMENTS .................................................................................................................................... 8 BIRTH, MARRIAGE AND DEATH REGISTRATION .............................................................................................................. 9 Identity systems ................................................................................................................................................. 11

CITIZEN IDENTIFICATION PROCESS (UNIQUE PERSONAL IDENTIFICATION NUMBER) .............................................. 11

GOVERNANCE, SOCIAL POLICY AND THE RIGHT TO IDENTIFICATION ....................................................................... 11

SISBEN AND SOCIAL PROTECTION IN COLOMBIA ........................................................................................................... 12

MINIMIZING RISKS OF FORCED MIGRATION AND STATELESSNESS ............................................................................. 12

Lessons Learnt and Challenges ............................................................................................................. 13 References ................................................................................................................................................................. 14 Annex .......................................................................................................................................................................... 14

CASE STUDY ON THE IMPLEMENTATION OF CRVSID SYSTEM IN COLOMBIA QUESTIONNAIRE ............................. 14

Table of Contents Acknowledgements The Civil Registration Vital Statistics and Identity (CRVSID) country case study for Colombia was a significant undertaking that would not have been possible without the support and dedicated efforts of a large team. Our sincere appreciation goes to the government of Colombia for their generous assistance enhancing the accuracy and depth of these reports. We also acknowledge the exceptional support provided by the Vital Strategies team, whose dedication and expertise significantly contributed to the quality of the report. Special recognition is extended to Mr. Bala Gopalan and Mr. Raj Gautam Mitra for their valuable contributions and insights throughout the process of drafting the report. We are grateful

We also acknowledge the exceptional support provided by the Vital Strategies team, whose dedication and expertise significantly contributed to the quality of the report. Special recognition is extended to Mr. Bala Gopalan and Mr. Raj Gautam Mitra for their valuable contributions and insights throughout the process of drafting the report. We are grateful for the UN Legal Identity Agenda (UNLIA) Task Force, especially Ms. Risa Arai, Programme Specialist (Legal ID) at UNDP, for her valuable contributions that enriched the report. Lastly, we recognize the exceptional leadership and oversight provided by Kirsten Di Martino, Senior Adviser Child Protection, and Bhaskar Mishra, CRVS and Legal Identity Specialist, UNICEF HQ. The report stands as a testament to the power of collaboration and collective effort.

CRVSID CASE STUDIES COLOMBIA

2Acronyms ACRONYM NAME (SPANISH EQUIVALENT) CONPES National Council on Economic and Social Policy (Consejo Nacional de Política Económica y Social) DANE National Department of Statistics (Departamento Administrativo Nacional de Estadística) MINSALUD Ministry of Health and Social Protection (Ministerio de Salud y Protección Social) ND Birth and death (nacimientos y defunciones) NDP National Development Plan NUIP Unique Personal Identification Number REBP Population Based Statistical Registry RNEC National Civil Registry (Registraduría Nacional del Estado Civil) RUAF Single Registry of Affiliates (Registro Único de Afiliados) SGSSS General Social Health Insurance System (Sistema General de Seguridad Social en Salud) SISBEN Identification System for Potential Beneficiaries of Social Programs (Sistema de Identificación de Potenciales Beneficiarios de Programas Sociales) SISPRO Social Protection Integrated Information System (Sistema de Información Integral de la Protección Social) UNHCR United Nations High Commissioner for Refugees UNICEF United Nations Children’s Fund

CRVSID CASE STUDIES COLOMBIA

3Objectives and Methodology for Individual Country Reports

OBJECTIVES

UNHCR United Nations High Commissioner for Refugees UNICEF United Nations Children’s Fund

CRVSID CASE STUDIES COLOMBIA

3Objectives and Methodology for Individual Country Reports OBJECTIVES This represents one of six case studies initiated by the UN Legal Identity Agenda (UNLIA) Task Force, examining the experiences of six nations: Bangladesh, Bhutan, Colombia, Kenya, Namibia, and Rwanda. The primary aim is to draw lessons from these countries, considering their diverse experiences and perspectives, regarding integrating their Civil Registration and Vital Statistics (CRVS) systems with their population register/ ID systems. While this may be a relatively small sample size, these case studies offer valuable insights that can benefit other countries embarking on a similar journey. By doing so, they contribute to the overarching goal of UNLIA and help propel progress towards achieving the Sustainable Development Goals (SDGs) and their associated targets. The study seeks to answer three fundamental questions:

1. How was the stock built? This pertains to the establishment of the initial population register.

2. When was the civil registration data linked to the population register/identity database? This explores the timeline of integrating civil registration data into the population register.

3. How long did the system transition from a transient to a steady state? This examines the duration required for the system to achieve a stable and sustainable state.

This case study and the others also aim to assess how the enabling environment and the organizational capabilities, including their legal and institutional frameworks, supported these countries in their efforts to develop their CRVSID systems. METHODOLOGY The approach to developing the case studies included desk review and country-specific questionnaire-based interviews. This study and the others were done remotely, which proved to be a limiting factor in efficiently accessing information through interaction with key stakeholders. The desk review attempted to access normative and guidance documents and literature from global and regional organizations. Documents on legal frameworks, in-country assessment reports, assessments conducted by global and regional organizations, and other relevant documents were also reviewed. Information gaps were identified, and country-specific questionnaires were developed and distributed to

The desk review attempted to access normative and guidance documents and literature from global and regional organizations. Documents on legal frameworks, in-country assessment reports, assessments conducted by global and regional organizations, and other relevant documents were also reviewed. Information gaps were identified, and country-specific questionnaires were developed and distributed to the relevant individuals for their responses. Focused interviews were subsequently conducted with country officials and/or local focal points from organizations actively involved in supporting the government in CRVSID activities. All interviews were recorded with the interviewees’ permission.

CRVSID CASE STUDIES COLOMBIA

4Colombia at a Glance Total population (2023) 52 million World Bank 2021 Percentage of urban population (2021) 82% World Bank 2021 Estimated number of births (2021) 721 thousand World Bank 2021 Estimated number of deaths (2021)1 412 thousand World Bank 2021 Birth registration completion level (2021) 97% World Bank 2015 Death registration completion level (2018) 80% World Bank 2015 Coverage of ID among population (15 + years) 97% World Bank 2021

1 The crude death rate increased from 5 per 1000 population in 2020 to 8 per thousand in 2021 due to COVID-19 pandemic

CRVSID CASE STUDIES COLOMBIA

5The Journey Towards an Integrated CRVSID System KEY MILESTONES DATE MILESTONE EVENTS 1852 Civil Registration established for the first time in Colombia in Law 2159 of 1852. Notary publics empowered to register births, marriages and adoptions and acknowledge children born outside wedlock. Catholic church continued to perform these services. 1938 Law 92 of 1038 established that State will be responsible for civil registration. Functions assigned to notaries, mayors of municipalities without notaries and Colombian Consuls abroad. Church issued certificates still considered supporting evidence of civil status. Law requires all registration entries to be recorded at civil registry offices. 1948 RNEC, to provide civil registration and identity services to Colombians and organize voting created. RNEC had different

of municipalities without notaries and Colombian Consuls abroad. Church issued certificates still considered supporting evidence of civil status. Law requires all registration entries to be recorded at civil registry offices. 1948 RNEC, to provide civil registration and identity services to Colombians and organize voting created. RNEC had different units within it, in charge of design and implementation of plans and programmes, with one in charge at the central level with national jurisdiction and another in charge at the subnational level with specific subnational divisions. 1970 Organic Statute of Civil Status Registration Law 1260 of 1970. Superintendence of Notaries and Registry Offices established, with requirement to send copies of all registrations to the Superintendent. Church issued certificates no longer valid as evidence of civil registration. Subsequent regulatory developments changed how civil registration was performed and regulated identification number assignment, ID card issuance etc. 1985 Law 96 of 1985 established that RNEC would take over the function of civil registration and Decree 2241 of 1986 set the effective date of takeover as January 1, 1986. 2002 Resolution 5296 of 2002 authorized RNEC to provide civil registration services in hospitals and clinics. 2010 Law 395 of 2010 allowed civil registration to be completed in any part of the country regardless of place of birth, facilitating birth registration. Presently Notaries, civil registrars and Colombian consuls abroad are public employees in charge of civil registration. Under special circumstances, police inspectors and political administrators authorized by RNEC can also conduct civil registration procedures. The Civil Registration function includes the registration of Births and Deaths to safeguard fundamental human rights and contribute to demographic and statistical needs. Registration is carried out through offices under RNEC, Authorized Police Officers, Notaries, and Colombian Consulates. This database REBP (the population-based Statistical Registry) or “Persons Registry” is separate and distinct from the Registry maintained for generating Vital Statistics in Colombia.

CRVSID CASE STUDIES COLOMBIA

6Vital Statistics information for statistical purposes goes from hospitals and health facilities to the National

population-based Statistical Registry) or “Persons Registry” is separate and distinct from the Registry maintained for generating Vital Statistics in Colombia.

CRVSID CASE STUDIES COLOMBIA

6Vital Statistics information for statistical purposes goes from hospitals and health facilities to the National Department of Statistics (DANE) through the App created for this purpose by RUAF-ND. This database is equivalent to the “Population Register” under Anglo-Saxon terminology. Also, it combines data from a variety of other sources, such as the National Identification File and BDUA (Unique Data Base of Health System Affiliates). DANE is working to create the most comprehensive database for statistical purposes and planning. These two databases, the Person Registry and the Population Register, also complement each other and help ensure that any missing elements in each other are verified and corroborated. Colombia’s journey towards an integrated CRVSID system is, in many ways, a model that is different to others in the collation of case studies. Colombia has probably one of the longest histories of work in civil registration that evolved from a church function to a secular, government-led process. Following the law that laid down procedures in 1970, it gradually built up the Person Registry while bringing the services closer to the community through law reform that facilitated registration at hospitals and health facilities and permitted registration from all places in the country. What is unusual in the Colombian model is how the Vital Statistics generation followed an independent model with the RUAF ND App facilitating periodic updating of the Population Register maintained by DANE. The value Colombia derived from this dual process is one of cross-checking the data gathered by matching data entries in both Registries and sorting out any anomalies. This model has helped Colombia achieve a high registration of births and deaths and integrate Vital Statistics and ID records into one interoperable whole. Four significant post-2015 developments in Colombia have played a pivotal role in shaping the evolution of

CRVS-ID:

1. The Peace Agreement with FARC brought an end to a decade-long conflict.

2. The influx of 1.8 million Venezuelan migrants into Colombia, escaping worsening conditions in their home country.

Four significant post-2015 developments in Colombia have played a pivotal role in shaping the evolution of

CRVS-ID:

1. The Peace Agreement with FARC brought an end to a decade-long conflict.

2. The influx of 1.8 million Venezuelan migrants into Colombia, escaping worsening conditions in their home country.

3. Acknowledgement of the profound influence of climate change on the nation’s future trajectory.

4. The far-reaching impact of the COVID-19 pandemic, tragically claiming the lives of over 1 in every 400

Colombians and leaving enduring imprints on society. For Colombia to adequately respond to these major developments, it will need to depend on an upgrade of its governance infrastructure. This is where lessons from Colombia’s recent history offer important lessons. Colombia saw steady economic growth in the decade 2004 to 2014 2. Figures show that moderate poverty was reduced by 20 per 2 Colombia Policy Notes, The World Bank 2018 CRVSID CASE STUDIES COLOMBIA 7cent and extreme poverty halved in this period. The role of targeted subsidies to vulnerable sections of the population is generally recognized as a major causative factor in this achievement in the studies done by several development agencies. The flagship achievement in this regard is the creation of SISBEN ((Sistema de Identificación de Potenciales Beneficiarios de Programas Sociales ), a vulnerability index that determines the beneficiaries who are entitled to subsidies from the Social Protection Programme. Underlying the process that enabled the location of individuals who were eligible for this program is the civil registration and identity infrastructure that made the beneficiaries visible for the administration of the Social Protection benefits. SISBEN and other interventions in the development toolkits show the need to strengthen and sharpen the governance systems. While the overall rates of completion appear impressive, the fact remains that equity in society is still a major concern. There are population groups which are disproportionally left out of the mainstream. This is why reforms and strengthening of the CRVS-ID ecosystem become critical. The Colombia case study also demonstrates how this system supports the inclusiveness aspect of the Sustainable Development Goals through brief descriptions of recent initiatives addressing the problems of

in society is still a major concern. There are population groups which are disproportionally left out of the mainstream. This is why reforms and strengthening of the CRVS-ID ecosystem become critical. The Colombia case study also demonstrates how this system supports the inclusiveness aspect of the Sustainable Development Goals through brief descriptions of recent initiatives addressing the problems of displaced people and the threat of statelessness faced by these populations, including children in Colombia. Civil Registration System LEGAL FRAMEWORK Article 14 of the Colombian Constitution of 1991 provides the right to identification. In the Colombian context, there is no requirement for any regulatory frameworks or additional legislative requirements for operationalizing a provision in the Constitution. Legislations drafted for other rights linked to children’s rights also reaffirm the importance of identification, especially during childhood. These include the Code of Children and Adolescents (Law 1098 of 2006) that protects the right to identification of children and adolescents, who, for this purpose, must be registered at the civil Registry immediately after birth (Article 25). INSTITUTIONAL ARRANGEMENTS Births can be registered in RNEC (National Civil Registry - Registraduría Nacional del Estado Civil) offices, notary offices, Colombian consulates abroad, and authorized hospitals and clinics, as noted earlier. The CRVS system for Colombia was created to cater to the dual requirements of civil registration and vital statistics. While the civil registration system provided the legal proof of evidence of the registration of vital events, the health system would aggregate the information relating to the vital events to produce a range of statistics on the consolidated vital events. This can enable comparison among countries and regions and provide the demographic data needed for planning, executing and monitoring socio-economic development programmes and projects.

CRVSID CASE STUDIES COLOMBIA

8The Intersectoral Commission of Vital Statistics, created in 2002, is the consultative and advisory division of DANE (the National Department of Statistics) charged with strengthening and maintaining the civil registration and vital statistics system. The Technical Committee of the Intersectoral Commission of Vital Statistics is responsible for implementing the policies and strategies that the Commission establishes for

of DANE (the National Department of Statistics) charged with strengthening and maintaining the civil registration and vital statistics system. The Technical Committee of the Intersectoral Commission of Vital Statistics is responsible for implementing the policies and strategies that the Commission establishes for functioning the civil registration and vital statistics system. Departmental committees on vital statistics and local and district committees are in charge of civil registration and vital statistics in this decentralized system. BIRTH, MARRIAGE AND DEATH REGISTRATION Colombian National Health Plan for the First 1,000 Days of Life 2012–2021 establishes four areas of intervention. One of the interventions proposed in this area is civil registration at birth, a gateway to various rights, such as health, vaccination, food, early education, education, citizenship, and work. The citizen identification process in Colombia consists of four steps, three of which take place before the age of 18 years:

1. Birth registration

2. Issuance of identification card (ID card) at age seven

3. Renewal of ID card at age 14

4. Issuance of citizen ID card at age 18

These steps are detailed below: Birth registration should be completed during the first month of a child’s life. The process is based on the certificate of live birth (notification) that the health care facility ( institución prestadora de servicios de salud

(IPS)) issues after a child is born. The RNEC established that, in the absence of a certificate of live birth, the birth could be registered based on a sworn statement by two witnesses present at the birth or with direct and reliable news of the birth. For births outside of health facilities, civil registry employees fill out the certificate of live birth (notification) and complete the birth registration procedure. The birth registration document consists of two parts. The first part contains the child’s given and family names, date of birth, sex, blood type, Rh factor, standard background document (certificate of live birth with corresponding number) or witness statement, information on the registry office (RNEC, notary office, consulate, corregimiento [political and administrative division in departments with very low population

names, date of birth, sex, blood type, Rh factor, standard background document (certificate of live birth with corresponding number) or witness statement, information on the registry office (RNEC, notary office, consulate, corregimiento [political and administrative division in departments with very low population density], police department), and folio number. There is also a space for the UPIN. The second part contains the child’s parents’ names and ID numbers, witness information, and birth witnesses’ names and ID numbers in the absence of the certificate of live birth. The newborn’s footprints are placed on the back of the document. Copies of the birth registration documents are sent to the National Registration Service of RNEC.

CRVSID CASE STUDIES COLOMBIA

9The following table provides the number of registration centres by type in May 2023 3:

TYPE OF REGISTRATION CENTRE NO OF CENTRES

Registries 1197 Authorized Notaries 931 Clinics & Hospitals 194 Authorized corregimientos 67 Total offices with registry functions 2389 All the registration offices are linked to the databases administered by the RNEC. Births, marriages and deaths can be registered at any office with a registry function, irrespective of where the vital event happened. The 194 clinics and hospitals with the largest number of births have co-located civil registration facilities. Other civil registries and notaries cater for births and deaths that happen outside these locations. Vital Statistics System In Colombia, the data for Vital statistics is generated from the health facilities. The physician in charge of the health facilities is responsible for generating reports immediately after birth occurrence that are used for compiling the aggregated data that contributes to the vital statistics compilation and publication. DANE provides annual vital statistics data on births and fetal and non-fetal deaths in the country. Tabulations include data on sex, mother’s age, department where the birth occurred, delivery type, type of birth attendant, birth weight, period of gestation, and type of health insurance. Most tables are either broken down by department or municipalities.

include data on sex, mother’s age, department where the birth occurred, delivery type, type of birth attendant, birth weight, period of gestation, and type of health insurance. Most tables are either broken down by department or municipalities. 3 Information provided by María Cristina Manzano Noguera, Delegate, Registrar’s Office for Civil Registry and Identification, Av.Calle 26 No 51-50 Piso 2, Bogota.

CRVSID CASE STUDIES COLOMBIA

10Identity systems CITIZEN IDENTIFICATION PROCESS (UNIQUE PERSONAL IDENTIFICATION NUMBER) In Colombia, the Population Registry is the responsibility of the RNEC. It includes all the people residing in the country with separate identity documents for citizens, foreigners having residency permits – that include alien identification cards, permits for temporary protection (PPT), special residence permits (PEP), single Registry of Venezuelan migrants (RUMV) and other documents issued by Colombian authorities for foreigners. Personal identification numbers had been in use since 1971. They had 11 digits, with the first six digits corresponding to the date of birth, and the next five digits numbered consecutively and indicating gender. The same number was used for birth registration and the ID card. Upon turning 18, a person received his or her citizen ID card and was assigned a new number. NUIP has been used in Colombia since 2004. The UPIN consists of 10 digits assigned at the time of birth registration and remains with a person throughout their life. It is used for the ID card issued at seven years of age, which includes the holders’ fingerprints and photographs. Citizen ID card is issued to individuals at 18 years of age, which is the age for attaining majority. People who had citizen ID cards with eight-digit UPINs before 2004 kept the same number (RNEC 2012). The first three digits of the NUIP correspond to the office where the birth was registered, and the next seven digits are numbered consecutively. With the NUIP, a person is identified with only one number throughout his or her life on all three identity

The first three digits of the NUIP correspond to the office where the birth was registered, and the next seven digits are numbered consecutively. With the NUIP, a person is identified with only one number throughout his or her life on all three identity documents. This initiative of RNEC was intended to avoid inconsistencies in personal information on identity documents. Once the person dies, RNEC cancels the identity document based on the death registration, verifying and cross-checking the information from the ID card and birth registration file. GOVERNANCE, SOCIAL POLICY AND THE RIGHT TO IDENTIFICATION The social policy framework in Colombia has had a major role in reinforcing the emphasis on ID systems. Many of these are directly related to social policies aimed at the welfare of children. The objective of the National Council on Economic and Social Policy ( Consejo Nacional de Política Económica y Social (CONPES) 109, Política Pública Nacional de Colombia por la Primera Infancia (NDP 2007), is aimed at promoting the holistic development of children from gestation to six months of age. The CONPES is the highest planning authority advising the government on economic and social development. It coordinates and guides the national government entities responsible for the country’s social and economic direction. The policy recommends that RNEC “implement strategies at the national and local level so that all children are registered at birth and that agreements with other institutions such as the MINSALUD (Ministry of Health CRVSID CASE STUDIES COLOMBIA 11and Social Protection (Ministerio de Salud y Protección Social) be strengthened to ensure the registration of newborns in hospitals” (National Development Plan 2007). RNEC and the Ministry of Health and Social Protection jointly manage the administrative process that ensures that children born in health facilities where registration is done leave with their birth certificates. Otherwise, children leave with a notification as proof of birth. One of the objectives of the Equitable Colombia without Extreme Poverty strategy, which is part of the

RNEC and the Ministry of Health and Social Protection jointly manage the administrative process that ensures that children born in health facilities where registration is done leave with their birth certificates. Otherwise, children leave with a notification as proof of birth. One of the objectives of the Equitable Colombia without Extreme Poverty strategy, which is part of the National Development Plan 2014–2018 (NDP), is to reduce inequity in the provision of health care services. The operational instruments for achieving this objective are the National Identification System for Potential Beneficiaries of Social Programs ( Sistema de Identificación de Potenciales Beneficiarios de Programas Sociales (SISBEN), a tool used for targeting social programs (including health programs), and the Unified Beneficiary Registry System. SISBEN AND SOCIAL PROTECTION IN COLOMBIA Access to social protection is a constitutional right in Colombia. Article 48 of the Constitution of Colombia (1991) states, “Social Security is a mandatory public service which will be delivered under the administration, coordination, and control of the State, subject to the principles of efficiency, universality, and cooperation within the limits established by law. All the population is guaranteed the irrevocable right to Social Security.” SISBEN is a system for identifying benefici

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