N AT I O N A L I N Q U I R Y R E P O R T ZIMBABWE HUMAN RIGHTS COMMISSION For Human Dignity concerned (para. 13) at the low number of births registered and the low number of birth certificates issued, especially in rural areas and to low-income households. It is further concerned that the failure to present a birth certificate may result in, inter alia, denial to enrol in school and sit for and receive national school examination certificates. It may also lead to the denial of inheritance from a child’s legitimate father owing to failure to prove paternity, as required by the inheritance laws in the State party. 35. The Committee recalls its previous recommendation (para. 27) and recommends that the State party: (a) Ensure the Births and Deaths Registration Act (2005) is implemented in a manner that promotes the best interests of the child and simplifies the administrative requirements for the registration and issuance of birth certificates; (b) Equip decentralized government authorities and health facilities at the local level to register births and issue birth certificates; (c) Strengthen and expand mobile birth registration to reach universal coverage, in particular for registering children born outside of health facilities and children who have never been registered; (d) Increase public awareness of the importance of birth registration and the process by which births are registered. Nationality 36. The Committee is concerned about reports that children born on the territory of the State party to parents of indeterminate nationality have been denied the right to have their birth registered and to acquire Zimbabwean nationality, which has impeded their access to health care, education and other social services. It further notes the absence of legislative provisions to guarantee that children born stateless in the State party acquire a nationality. 37. In the light of its general comments No. 6 (2005) on the treatment of unaccompanied and separated children outside their country of origin and No. 7 on implementing child rights in early childhood, the Committee recommends that the State party: (a) Take measures to ensure that all children born in the State party have the legal right to be registered at birth with a name, regardless of their parents’ citizenship status and/or country of origin, and that they have equal access to health care, protection, education and other social services; (b) Consider ratifying the 1961 Convention on the Reduction of Statelessness and amend its domestic legislation on nationality accordingly so as to ensure that every child enjoys the right to acquire a nationality; (c) Seek technical assistance from the Office of the United Nations High Commissioner for Refugees and UNICEF for the implementation of these recommendations. Concluding Observations and Recommendations by The African Committee of Experts on the Rights and Welfare of the Child (ACERWC) on the Republic of Zimbabwe Report on the Statutes of Implementation of The African Charter on the Rights and Welfare of the Child, 25th Ordinary Session, held from 20-24 April 2015 Name, Nationality, Identity and registration at birth 21. The Committee commends the State Party for recognizing the right to name and birth registration under its Constitution. Moreover, the Committee appreciates the measures of the State Party to ensure birth registration by decentralizing registration offices in all provinces and seventy-two districts; establishment of registration offices in all major hospitals; computerizing vital registration events: and for setting mobile registrations in remote areas. However, the Committee has concerns on the very low and declining rate of birth registration and the existence of legal and administrative barriers on birth registration such as the requirement of birth confirmation records and death certificate if the mother is dead. 22. The Committee, therefore, recommends the Government of Zimbabwe to circumvent all legal and administrative barriers on access to birth registration through harmonization of the Births and Deaths Registration Act and other laws in line with the Constitution. In addition, the Committee recommends the State Party to conduct data collection in order to know the ratio of birth registration in urban and rural areas disaggregated by age and sex. Moreover, the Committee recommends the State Party to fulfil its obligation of ensuring that every child is registered immediately after birth, is named, and acquired nationality by playing a pro-active role such as launching education and sensitization campaigns on birth registration to parents and community leaders: and ensuring proper coordination between the central civil registration authority and other civil registration offices across the country. To this effect, the Committee highly encourages the State Party to use, as a guideline, the Committee's General Comment on Article 6 of the African Children's Charter. 82 82

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