marriage and divorce, opening bank accounts, registering the birth of one's children and other important services. 27. Section 81(1)(c) of the Constitution provides for the prompt provision of birth certificates for all children born in Zimbabwe, and all children born outside Zimbabwe who are Zimbabwean citizens by descent. Section 35 of the Constitution also provides that all citizens are entitled to birth certificates, passports, travel documents, and other identity documents.37 After one year, births may only be registered with the written authority of the Registrar-General, the Minister of Home Affairs, or by order of court. Notification and registration of births are compulsory in terms of the BDR Act.38 28. The National Registration Act (Chapter 10:17) provides for the compulsory registration of all residents in Zimbabwe, age 16 and above, by the Registrar-General’s Office, and for the issuance of identity documents, which establish the citizenship status of all residents. In the absence of proof of citizenship such as the correct birth registration documents, including birth certificates correctly identifying people as citizens, Zimbabwe citizens may be deprived of registration or wrongly registered as ‘Aliens’ on these documents.39 29. While the legislature’s intention was to ensure that every child born in Zimbabwe is registered, and every person documented, in practice there remain significant legal and administrative barriers to registration. 30. The ZHRC’s National Inquiry on Access to Documentation in Zimbabwe uncovered that birth registration is particularly difficult for people in remote areas because the Registry Offices are centralised. Those without funds, and those with disabilities, face challenges in travelling to register their children at the time of birth. Late applications for birth registrations are often rejected when applicants fail to provide proof of birthplace, residence, and parentage. Applicants who do not have a living witness bearing the same surname as them to testify to circumstances of their birth continue to face difficulties.40 31. Registry officials have also been reported of discriminatory conduct restricting registration.41 Applicants with a foreign parent, or suspected of being foreigners, are often denied registration and subjected to derogatory terms and ill-treatment.42 32. Section 12 of the BDR Act also places significant barriers for registration on children born out of wedlock.43 Fathers of children born out of wedlock are unable to register their children without the mother present, unless evidence is presented that the mother of the child is dead or has abandoned or deserted the child.44 This has been misinterpreted by officials of the Department of the Registrar General, to place an obligation on fathers 37 Section 35 (3) (b) and (c) & 81, Constitution of Zimbabwe. Section 10, Births and Deaths Registration Act. Notification and registration of birth are compulsory, pursuant to Section 10 of the BDR Act. Notification of birth should take place within 42 days from the day of birth with the Registrar-General’s office and registration should take place within a year from the date of birth. Failure to do so come with a penalty of USD $300 fine and/or up to 12 months imprisonment. 39 National Registration Act [Chapter 10:17] available at: https://www.law.co.zw/download/1744/ . 40 Amnesty International, We Are Like ‘Stray Animals’. Thousands Living on the Margin due to Statelessness in Zimbabwe, Amnesty International, (April 2021), page 18, available at: https://www.amnesty.org/en/documents/afr46/3932/2021/en/. 41 Zimbabwe Human Rights Commission, Report on National Inquiry on Access to Documentation in Zimbabwe, (April 2020), page 20, available at: http://www.zhrc.org.zw/wp-content/uploads/2020/11/NI-Report-1.pdf. 42 Amnesty International, We Are Like ‘Stray Animals’. Thousands Living on the Margin due to Statelessness in Zimbabwe, Amnesty International, (April 2021), page 22, available at: https://www.amnesty.org/en/documents/afr46/3932/2021/en/. 43 Births and Deaths Registration Act, Section 12. 44 GLOBALCIT, Report on Citizenship Law: Zimbabwe, 2019, https://cadmus.eui.eu/bitstream/handle/1814/60436/RSCAS_GLOBALCIT_CR_2019_01.pdf?sequence=1&isAllowed=y. 38 7

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