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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents