Habakkuk Trust in Bulawayo helps communities in Matabeleland to access identity documents. The director,
Dumisani Nkomo, told Amnesty International that in Ward 13, an administrative area, in Garanyemba, Gwanda,
his organization came across 1,500 children without birth certificates; either because they lacked baby health
cards or were born outside Zimbabwe to parents who did not have documentation or could not afford the
US$50 fee to register children born outside the country.
In Wards 19 and 6 in Matobo South, namely Zamanyoni,
Bhalagwe and Mahetshe, there are many children whose
access to education has been affected due to lack of birth
certificates,”
Dumisani Nkomo.89.
One school in Matobo South enrolled 450 students, of whom 320 have no birth certificates.
Birth registration and a birth certificate are free for those born in Zimbabwe to parents who are citizens. Before
December 2018 the office of the Registrar General charged US$50 to process birth certificates for children born
outside Zimbabwe and US$25 for a child born in Zimbabwe if neither parent is a citizen. Amnesty International
met with the current Registrar General in October 2018 in Harare and raised concerns about the discriminatory
fees, pointing out that they leave people at risk of failing to gain the Zimbabwean citizenship to which they are
entitled. In January 2019 the office responded positively to these concerns and reduced the fee for children born
outside Zimbabwe from US$50 to US$5. Amnesty International recognizes the steps taken by the government
to reduce birth registration fees for people who are Zimbabwean by descent.
10.2 RIGHT TO HEALTH
The right of everyone to the enjoyment of the highest standard of physical and mental health that will permit
them to live with dignity, equal and free from discrimination, is protected by various international human rights
instruments to which Zimbabwe is a party. These include Article 12(1) of the ICESCR which guarantees that
everyone should enjoy the highest attainable standard of physical and mental health;90 and Article 24 of the
Convention on the Rights of the Child and Article 16 of the African Charter 91 which enjoin States Parties to take
the necessary measures to protect the health of their people and to ensure that they receive medical attention
when they are sick.92 Section 76 of the Zimbabwean Constitution guarantees everyone the right to health care,
including reproductive health care services.93
Despite these obligations, stateless people in Zimbabwe face barriers to accessing health care. Pregnant
women are excluded from critical life-saving services such as antenatal care and assistance during labour.
Botshiwe Dube, from Tsholotsho, told Amnesty International that because she was unable to access health
care and treatment, she “gave birth to her children like goats at the homestead” and she sees her children and
grandchildren as “stray animals because they are all undocumented.”
Ngozi Mine Dump site is a slum settlement on the outskirts of Bulawayo. Stateless people who live there in
extreme poverty have no access to formal health care facilities. One of them, Siphilisiwe Tshuma, told
Amnesty International that she has eight children, five of whom were born at Ngozi Mine Dump site. Siphilisiwe
says she gave birth in her shack with the assistance only of unqualified and unregistered midwives as she could
89
Interview with Dumisani Nkomo in Bulawayo on 9 October 2018.
International Covenant on Economic, Social and Cultural Rights REF
91 Also see Article 14 of the African Charter on the Rights and Welfare of the Child on Health and Health Services “to ensure the provision of
necessary medical assistance and health care to all children with emphasis on the development of primary health care.”
https://www.un.org/en/africa/osaa/pdf/au/afr_charter_rights_welfare_child_africa_1990.pdf
92 African Commission on Human and People’s Rights https://www.achpr.org/legalinstruments/detail?id=49 REF
93 Constitution of Zimbabwe
http://www.veritaszim.net/sites/veritas_d/files/Constitution%20of%20Zimbabwe%20Amendment%20%28No.%2020%29.pdf
90
WE ARE LIKE “STRAY ANIMALS”
THOUSANDS LIVING ON THE MARGINS DUE TO STATELESSNESS IN ZIMBABWE
Amnesty International
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