Background
“The hunger to belong is not merely a desire to be attached to something. It is rather sensing that
great transformation and discovery become possible when belonging is sheltered and true.”
(John O'Donohue in Anam Cara’s -A Book of Celtic Wisdom, Page 22)
What exactly does an identity mean to an individual or to a group? It is, of course, a great
philosophical problem, but it is also a matter of basic everyday concern. Indeed, the right to identity
is one of the most fundamental rights owing to citizens to which their sense of belonging is
attached. Without an identity, an individual loses the most basic connection with their nationhood,
rights, and privileges, as well as obligations and duties arising from that identity. Without an identity
an individual becomes a stateless person, and basic entitlements such as a name, a domicile, freedom
of movement, access to education, the right to vote, the right to work, and such other rights are lost
or exercised with varying levels of difficulty. Legal identity is a crucial factor from which every
person derives entitlements and obligations that would otherwise not be claimable without that
identity.1
International norms state clearly the importance of an identity, with the Universal Declaration for
Human Rights stating that;
“Everyone has the right to recognition everywhere as a person before the law.”2
Without identity the process of claiming one’s legal rights is excessively difficult. Without birth
certificates, marriage certificates, passports, in fact without any of the myriad forms of identity, a
person can scarcely be a person in this modern world. It is exactly for this reason that the UN
Declaration makes this a universal right.
For example, in Zimbabwe children without birth certificates face difficulties in getting an education
because the birth certificate is a prerequisite to sit for national examinations.3 To achieve the
Millennium Development Goals 2 and 3, which are, respectively, to achieve universal primary
education, and ensure that all children, both boys and girls, complete full primary schooling by 2015,
the Government of Zimbabwe needs to prioritise birth registration and simplify the process and the
requirements for such registration. However, neither the current Zimbabwean Constitution, nor the
Birth and Death Registration Act [Chapter 5:02], provide for birth registration as a right, yet,
obviously, the registration of an individual is the first step towards defining their identity.
In 2010, the Research and Advocacy Unit (RAU) produced a report entitled, “A right or a privilege”:
Access to Identity and Citizenship in Zimbabwe.4 This report came in the wake of the increasing challenges
R. Dube A right or a privilege: Access to identity and citizenship in Zimbabwe A report produced for the Research
and Advocacy Unit November (2009) 6-7.
2 Article 6 of the UHDR.
1
A requirement prescribed in Section 35 (d) of the Zimbabwe Schools Examinations Council Act [Chapter 25:18]
referenced in R. Dube A right or a privilege: Access to identity and citizenship in Zimbabwe above.
4 R. Dube, A Right or a Privilege? Access to Identity and Citizenship in Zimbabwe, A report produced for the Research
and Advocacy Unit (RAU), November 2009.
3