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 PART A: INTRODUCTION TO THE NATIONAL INQUIRY PROCESS CHAPTER 1: INTRODUCTION The Zimbabwe Human Rights Commission (ZHRC) is the National Human Rights Institution (NHRI) for the country and one of the five (5) Independent Commissions (IC) established in terms of Chapter 12 of the Constitution1 specifically under sections 232 and 242. The ZHRC is a hybrid NHRI incorporating Public Protector functions. The mandate of the ZHRC is stipulated in section 243 of the Constitution and includes the promotion of a human rights culture, receiving complaints, undertaking human rights investigations, monitoring the human rights situation, education on human rights issues, advising Government and supporting the international and regional human rights system. The Zimbabwe Human Rights Commission Act2 puts into effect these constitutional provisions and provides for the dual mandate to protect, promote and enforce human rights and administrative justice. Access to documentation is a fundamental human right that should be enjoyed by all. The legal framework governing national documentation in Zimbabwe is set out in the Constitution and subsidiary legislation. Section 35(1) of the Constitution provides for different ways of acquiring citizenship, namely, by birth, descent or registration3. Section 81 provides for the rights of a child to be promptly provided with a birth certificate, while section 35(3)(b) accords a citizen the right to acquire passports and other travel documents. Births and deaths registration is regulated by the Births and Deaths Registration Act4 (BDR Act), while the National Registration Act5 and Citizenship of Zimbabwe Act6 regulate national and citizenship registration, respectively. , The Ministry of Home Affairs and Cultural Heritage (MoHACH) is mandated, through the DRG to manage the civil registration system in Zimbabwe. Other institutions such as the Ministry of Health and Child Care (MOHCC)7 and the Department of Social Welfare (DSW)8 play a role in facilitating the documentation process. Image 1 Outreach meeting on the NI in Chipinge Amendment (No. 20) Act 2013. It entered into legal force on 22nd May 2013. [Chapter 10:30] 3 These methods of acquisition of citizenship are amplified in Sections 36, 37 and 38 of the Constitution. 4 [Chapter 5:02] 5 [Chapter 10:17] 6 [Chapter 4:01] 7 By providing birth confirmation records for babies born in health institutions. 8 By facilitating registration of abandoned children and carrying out investigations where whereabouts of parents are unknown, among other functions. 2 2 1 1