Poor official communication of the 2001 amendment, combined with low literacy rates and poverty, meant that
many people were unaware of the requirement to renounce their foreign nationality within six months. Many
others could not prove any foreign ties and did not know their parents’ or grandparents’ village of origin in
either Malawi, Mozambique or Zambia. Most descendants of migrant workers were born in Zimbabwe and did
not have any legal connection with their parents’ countries of origin.
Two cases illustrate some of the frustrations faced by descendants of migrant workers who were required to
renounce their foreign citizenship.
Orlando’s* parents migrated to Zimbabwe in the 1960s and worked at Muriel Mine in Mutorashanga,
Mashonaland Central Province. Orirando was born at the mine a few years later and had a good education.
Nevertheless, he was deprived of his citizenship in 2001 along with many others who had migrated from
SADC states. According to Orirando, his parents were forced to renounce their Mozambican citizenship
before the 1985 elections and were issued with Zimbabwean citizenship certificates as a “reward”, ostensibly
to allow them to vote. Orirando was technically stateless for two years. He completed his renunciation forms
in 2003 and was only issued with a certificate in 2005. After 14 months he was told that he could apply for a
Zimbabwean passport
Irene Amos was born in Zimbabwe to parents who arrived from Malawi before independence in 1980. When
she attempted to claim Zimbabwean nationality, she was referred to the Malawian Embassy to renounce her
Malawian citizenship, even though she had never been to the country. She could not afford the renunciation
fee of US$120 and as a result has been unable to claim either Zimbabwean or Malawian citizenship. Irene
Amos remains stateless and must pay US$50 to confirm her Zimbabwean citizenship and obtain a certificate.
Such sums are beyond the reach of most migrant workers, including farmworkers, who currently earn on
average the equivalent of US$30 per month.
In 2003 the government promulgated the Citizenship of Zimbabwe Amendment Act, providing a special
procedure for migrant workers from SADC states. 36 Any person whose parents migrated from a SADC state
before 1980 and settled in Zimbabwe was permitted to apply to the Registrar General at any time for
renunciation of citizenship of that SADC state and confirmation of his/her status as a Zimbabwean citizen. This
amendment exempted people of SADC parentage who may be citizens of those countries by descent from
losing Zimbabwean citizenship if they complied with the administrative requirements without being subjected
to a restrictive six months window period. It allowed anyone who was a descendant of a migrant worker who
came to Zimbabwe from a Southern African state prior to 1980, and who had resided in Zimbabwe continuously
from birth, to qualify for nationality and certification of citizenship.
However, administrative hurdles frustrated many applications. A certificate of citizenship could only be issued
after the Registrar was satisfied that the applicant had fulfilled the bureaucratic requirements, procedures for
which were unclear.37
In addition, denial of citizenship did not conform to international law (see Chapter 8, International Legal
Framework below). This was discriminatory and designed to exclude and disenfranchise a targeted and specific
group of people, leading to them being rendered stateless or placed at risk of statelessness. It was inspired by
the ruling party’s interests to consolidate its power and people were not consulted before the amendments
entered into force.
In the course of conducting interviews and researching this report, Amnesty International did not meet any
individuals who had benefited from the 2003 amendment due to difficulties accessing them. The organization
only had access to the victims of the amendment process. However, this procedure may be used by some of the
stateless people affected by the 2001 amendment.
36
Section 9(a) of the Citizenship of Zimbabwe Act
9(a) of the Citizenship of Zimbabwe Act
37 Section
WE ARE LIKE “STRAY ANIMALS”
THOUSANDS LIVING ON THE MARGINS DUE TO STATELESSNESS IN ZIMBABWE
Amnesty International
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