attempting to regularise their status, many have also suffered from corrupt practices
by officials at the Registrar General's office charging extortionate regularisation fees of
ZWL $5000.00 instead of the prescribed ZWL $40.75 Many are also not aware of their
constitutional rights, and/or do not have the required documentation or funds to
register.
47. As a result of these barriers to documentation, many descendants of migrants are still
unlawfully designated as ‘Aliens’ on their IDs, their children have been designated as
such on their birth certificates, and they have been deprived of citizenship rights such
as the right to obtain travel documents and the right to vote.
Issue V - Lack of adequate protection of stateless persons
and statelessness determination procedures
48. Identifying stateless people in the country is a necessary first step to provide them a
secure legal status, and protecting and ensuring their enjoyment of basic human rights.
As mentioned, despite the ZHRC’s, Parliamentary Portfolio Committee on Defence,
Home Affairs and Security Services’ and the joint taskforce’s recommendations in their
reports on access to documentation, there is still no dedicated statelessness
determination procedures in place to identify stateless persons, to establish the extent
of the stateless population in the country, and to fast-track and ease birth registration
and citizenship application processes for those affected. The ZHRC’s National Inquiry
Report found that lack of documentation impacts other rights such as right to education,
access to health and social services, political rights, freedom of occupation, trade and
profession, right to administrative justice and freedom of movement and residence,
among others.76 Given the barriers that stateless people face in accessing their human
rights, it is important to determine statelessness to ensure that laws and policies do not
directly or indirectly discriminate against stateless people in the enjoyment of human
rights.
49. Section 27 of the Constitution of Zimbabwe provides that the state must take all
practical measures to promote compulsory basic education for children including higher
and tertiary education.77 However, stateless children without birth certificates and IDs
face challenges in accessing education, in terms of being unable to register for school,
or register for public examinations, thereby limiting their prospects of future
employment. While examination students are now being prioritised for issuance of
identity cards, hundreds of secondary school students across the country failed to sit
the Zimbabwe School Examination Council (ZIMSEC) examinations in December 2020
due to failure to obtain national identity cards. The lockdown and the failure to
decentralise government powers had led to congestion of the Registrar’s office in
Harare from students having to travel from other provinces to seek national IDs.78 In
March 2021, the Parliamentary Committee of Defence’s fact-finding mission reported
75
Zimbabwe Human Rights Commission, Report on National Inquiry on Access to Documentation in Zimbabwe, (April 2020),
section XV, available at: http://www.zhrc.org.zw/wp-content/uploads/2020/11/NI-Report-1.pdf.
76
Zimbabwe Human Rights Commission, Report on National Inquiry on Access to Documentation in Zimbabwe, (April 2020),
available at: http://www.zhrc.org.zw/wp-content/uploads/2020/11/NI-Report-1.pdf.
77 Constitution of Zimbabwe Amendment No. 20, Section 75.
78 Emmanuel Kafe, ‘Pupils in Zimsec nightmare’, the Sunday Mail, (December 2020), available at:
https://www.sundaymail.co.zw/pupils-in-zimsec-nightmare.
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