Recommendations:
UNHCR recommends that the Government of Zimbabwe:
a. Continue to take measures to ensure that all children born in Zimbabwe, including
refugee children, have access to registration immediately after birth regardless of
their parents’ citizenship status and/ or country of origin;
b. Ensure that the Registrar General implements the Birth and Death Registration
Act in a manner that promotes the best interests of the child, including enhancing
mobile birth registration in remote areas; and
c. Invest in an awareness-raising campaigns on the importance and process of birth
registration in the country.
Issue 2: Prevention and reduction of statelessness and protection of stateless persons
Linked to 1st cycle UPR recommendation no. 94.9: “Ratify the 1961 Convention on the
Reduction of Statelessness (Slovakia)”.
Although the new Constitution provides wider protections for persons at risk of statelessness,
gaps remain when considering the protections advanced by the 1961 Convention, to which
the country has not acceded. For instance, while section 38 provides that persons continually
residing Zimbabwe for at least 10 years and satisfying certain conditions are entitled to apply
for citizenship, the law does not entirely protect persons that are stateless or at risk of
statelessness. Additionally, while the constitution provides for the right of citizenship through
a person’s mother or father, the NGO Lawyers for Human Rights reports that, in practice, a
single mother registering a child in accordance to the law may at times face challenges due to
patriarchal attitudes that persist. Further, the Constitution does not guarantee that a person
living abroad for extended periods of time or those who failing to register can retain their
nationality. Additionally, there is also no guarantee that a person shall not lose nationality if
that loss would render the person stateless. In order to alleviate these gaps, UNHCR will
continue to advocate for accession to the 1961 Convention which establishes an international
framework to ensure the right of every person to a nationality by establishing safeguards to
prevent statelessness at birth and later in life.
The 1984 Citizenship of Zimbabwe Act (as amended in 1990) provides the process through
which one may register as a citizen of Zimbabwe. This is a restrictive piece of legislation,
especially when looked at in light of the new Constitution. It provides, inter alia, that nonZimbabwean children should have their parents registered before they can themselves be
registered as citizens of Zimbabwe. The Citizenship of Zimbabwe Act does not contain
safeguards with respect to loss of citizenship. It both appears to allow renunciation without
the possession of or a guarantee to acquire another nationality. It also provides for the loss of
nationality for those who reside abroad for more than seven years. As such, this Act needs to
be amended and aligned with the new Constitution.
While negotiations have continued towards accession to the Convention, certain forces in the
Government have discouraged the accession arguing, inter alia, that Zimbabwe does not have
a statelessness problem.
Recommendations:
UNHCR recommends that the Government of Zimbabwe:
a. Accede to the 1961 Convention on the Reduction of Statelessness; and
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