7. CHILDREN AT RISK OF STATELESSNESS The UN Convention on the Rights of the Child, to which Zimbabwe is a state party, provides that children shall not be discriminated against based on ethnic, national or social origin.52 It further provides that every child found on the territory of a state party is entitled to a birth certificate and to acquire a nationality without discrimination or impediment.53 State authorities must ensure that nationality law does not deprive children of foreign nationality or the right to acquire a Zimbabwean birth certificate, ID and, eventually, citizenship. Zimbabwe is also a state party to the African Charter and the African Charter on the Rights and Welfare of the Child (African Children’s Charter). The African Children’s Charter provides for the child’s right to a name, birth registration and a nationality54 and obliges states parties to grant nationality to any child born on its territory if that child is stateless.55 “stateless children often inherit an uncertain future. For instance, they might fail to benefit from protections and constitutional rights granted by the State. These include difficulty to travel freely and difficulty in accessing justice procedures when necessary.” ‘The African Committee of Experts on the Rights and Welfare of the Child According to the Births and Deaths Registration Act (see “Birth registration at the heart of identity” above), it shall be the duty of the father or mother to give notice and register the birth of child.56 If both parents are deceased or unable to give notice of birth, then it shall be the responsibility of the owner of the house where the child was born, the headman of a village where the child was born or responsible adult who witnessed the birth of the child to give notice of birth.57 In practice, however, registry offices prevent fathers from registering the birth of their children in their name without the mother’s identity documents. Women can register their children in their name without the father’s 52 See article 2 of the Convention on the Rights of the Child (CRC). 7 of the CRC 54 See article 6 of the African Children’s Charter. Zimbabwe is a state party to the African Children’s Charter. 55 See article 6(4) of the African Children’s Charter 56 See section 11 of the BDRA 57 Section 11 of the BDRA 53 Article WE ARE LIKE “STRAY ANIMALS” THOUSANDS LIVING ON THE MARGINS DUE TO STATELESSNESS IN ZIMBABWE Amnesty International 22