Zimbabwe Act 1984 has not been aligned to the 2013 Constitution, and subsidiary policies to avoid and protect stateless people remain inexistent. 24. In terms of protection measures against statelessness, the Constitution of Zimbabwe is a robust human rights instrument. It guarantees the right to equality and nondiscrimination29; the bests interests of the child30; the right to birth certification, identity documentation, passports and other travel documents31; and protects the right to dual citizenship for citizens by birth32. In practice, however, there are no subsidiary laws or regulations in place to implement these constitutional rights and protect against statelessness. The substantive provisions of the 1984 Citizenship of Zimbabwe Act (Chapter 4:01) remain in conflict with the Constitution in several aspects, as will be discussed below.33 25. The Cabinet approved a Citizenship Bill in 201934 to revoke the discriminatory Citizenship of Zimbabwe Act, and to align subsidiary legislation with the Constitution. The Bill effectively incorporates constitutional provisions on citizenship, including for stateless foundlings under 15 to be recognised as citizens by birth; removes arbitrary and discriminatory provisions for deprivation of citizenship, particularly affecting persons of foreign origin, under the current Citizenship Act; provides for restoration of citizenship for persons previous rendered stateless under the Act; and provides protection against revocation of citizenship for those who would be rendered stateless. The Bill does not go so far as to provide a definition of statelessness, establish a statelessness determination procedure, or provide that any stateless person born or permanently resident in Zimbabwe should be entitled to register as a Zimbabwean citizen. Since 2019, there has also been no action taken to implement the Citizenship Bill, and it is yet to be adopted by parliament. 35 Issue I: Birth registration, civil documentation and (risks of) statelessness 26. In Zimbabwe, birth registration is the first step towards nationality acquisition, and accessing services and human rights.36 Having a birth certificate enables Zimbabweans to apply for a passport, and to obtain a national identity card (ID), once they reach the age of 16, in terms of the National Registration Act. An ID enables access to civil, political, social and economic rights, including access to voting, enrolling in tertiary institutions, 29 Constitution of Zimbabwe Amendment No. 20, section 56. Constitution of Zimbabwe Amendment No. 20, Section 81(2). 31 Constitution of Zimbabwe Amendment No. 20, Section 35(3)(b)-(c). 32 Constitution of Zimbabwe Amendment No. 20, Sections 36, 39 and 42(e). 33 Amnesty International, We Are Like ‘Stray Animals’. Thousands Living on the Margin due to Statelessness in Zimbabwe, Amnesty International, (April 2021), page 6, available at: https://www.amnesty.org/en/documents/afr46/3932/2021/en/. 34 Citizenship Bill, 2018, available at: http://www.ca-lr.org/download/zimbabwean-citizenship-bill/. 35 Amnesty International, We Are Like ‘Stray Animals’. Thousands Living on the Margin due to Statelessness in Zimbabwe, Amnesty International, (April 2021), page 17, available at: https://www.amnesty.org/en/documents/afr46/3932/2021/en/. 36 In 2021, ZLHR conducted a mobile legal clinic providing legal aid and enhancing awareness on the Bill of Rights for members of the Mgodimasili community. The Mgodimasili community is one of four wards in Tsholotsho where the, now less than 3000, San people can still be found. This is a community where the San people feel very marginalised and their Tshwao language is considered as one that will be extinct, while the majority of the community remains undocumented. Information was provided on issues of citizenship and national documentation. The provisions of Section 43 of the Constitution were explained vis-à-vis the regulations at the registry offices across the region and how documents are tied to full enjoyment of right to education, health, property rights and even marriage rights and the impact these then have on inheritance. During consultations, the main issues identified regarding lack of access to documentation and birth registration were administrative barriers, lack of knowledge of the requirements, corrupt practices by officials and financial challenges. 30 6