9. NATIONAL LEGAL FRAMEWORK Section 43 of the Constitution of Zimbabwe provides that “every person who was born in Zimbabwe before the publication day [of the Constitution] is a Zimbabwean citizen by birth if one or both of his or her parents was a citizen of a country which became a member of SADC in 1992 and is resident in Zimbabwe.” 75 This means that any person who was born in Zimbabwe to parents with a claim to citizenship of any SADC state, including Malawi, Mozambique, Zambia or South Africa, and is residing in Zimbabwe is a Zimbabwean citizen by birth. Persons are citizens by birth, descent or registration. 76 The Constitution states that persons are Zimbabwean citizens by birth if they were both born in Zimbabwe and when they were born either one of the parents was a Zimbabwean citizen or any of their grandparents was a Zimbabwean citizen. Citizenship by birth is also accorded to persons born in the diaspora if either of the parents is a Zimbabwean citizen who is ordinarily resident in Zimbabwe or works for the authorities or an international organization. According to section 36 (3) of the Constitution of Zimbabwe, Amendment No. 20, a child found in Zimbabwe who is, or appears to be, less than 15 years of age, and whose nationality and parents are not known, is presumed to be a Zimbabwean citizen by birth. 77 All citizens of Zimbabwe are entitled to protection of the state, a passport and a birth certificate, as well as other identification documents issued by the authorities.78 75 See section 43 2(a) and (b) of the Zimbabwe Constitution, Amendment No. 20/2013. See section 35 of the Constitution of Zimbabwe, Amendment No. 20/2013 77 See section 36(3) of the Constitution. 78 Section 35(3) a-c of the Constitution 76 WE ARE LIKE “STRAY ANIMALS” THOUSANDS LIVING ON THE MARGINS DUE TO STATELESSNESS IN ZIMBABWE Amnesty International 28