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