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 born stateless acquire a nationality. Such recommendations, which Zimbabwe is obliged to implement in this regard12 tally with findings of this National Inquiry. The United Nations Sustainable Development Goals (SDGs)13, which Zimbabwe is committed to achieving together with the rest of the world, place birth registration firmly on the international development agenda. It includes a dedicated target (16.9) under Goal 16: including birth registration, by 2030. Therefore, implementation of recommendations from this National Inquiry will contribute to the achievement of SDGs. The ZHRC noted that the problem of non-documentation could not be effectively resolved through a piecemeal approach of dealing with documentation cases on a case-by-case basis. The preliminary evidence showed that there was a systemic human rights problem across the country affecting significant numbers of people thus requiring a holistic, pro-active and more cost-effective approach. Such an approach ensured that a large number of individual complaints would be dealt with through a national process. Comparatively, many NHRIs the world over, have conducted National Inquiries when necessary, as a way of resolving human rights problems that are widespread and recurring. For instance, Kenya, Malawi, South Africa and Australia have all conducted similar inquiries in the past14. In conducting the National Inquiry in all the ten (10) Provinces, ZHRC Commissioners were guided by five Terms of Reference as follows; 1.2 1. to inquire into the challenges in accessing national documents and the extent to which they affect people in Zimbabwe; 2. to inquire into and determine the root causes and factors which prevent access to national documents; 3. to assess the impact of lack of documentation on the enjoyment of human rights by all people and groups guaranteed under the Constitution, national laws and relevant international and regional treaties; 4. to review the effectiveness of existing laws, institutions, policies and procedures and analyse attitudes and beliefs relating to accessing national documents in Zimbabwe; and 5. to report, recommend and follow-up on steps to be taken in addressing barriers identified in accessing national documents. Methodology The methodology for conducting the National Inquiry took a qualitative and quantitative approach. The data was collected through a number of methods such as stakeholder engagements, validation meetings, outreaches, field visits, literature review and Public Hearings. Before embarking on the National Inquiry, ZHRC Commissioners and Secretariat carried out several capacity building activities15 with the view of increasing their knowledge on access to documentation, effective communication and adducement of evidence in public hearings16. A trial or pilot public hearing was held in Epworth Harare on 21 June 2019, where Commissioners gathered evidence from people who had challenges accessing documentation in that locality. This process enhanced Commissioners’ skills on conducting public hearings. The ZHRC commissioned a Background Paper on Access to Documentation 17 with the aim of researching on access to documentation issues and guide the ZHRC in implementing the National Inquiry. The research paper outlined the legal and policy frameworks governing access to documentation in Zimbabwe, the regional and international human rights standards on access to documentation, challenges of accessing national documents and the impact of lack of documents on the enjoyment of human rights, among other things. Following these preliminary activities, the ZHRC then embarked on the National Inquiry by deploying two teams, one headed by the Chairperson and the other by the Deputy Chairperson. These teams shared eight (8) provinces See Annexure 8 for extract of recommendations. Adopted by the United Nations General Assembly in September 2015 available at https://sustainabledevelopment.un.org/post2015/transformingourworld. 14 Public Inquiry into allegations of Human Rights violations in Magarini, Marindi, by Kenyan National Human Rights Commission in 2006, and An Inquiry into the State and Welfare of Homeless Children, by the Australian Human Rights and Equal Opportunity Commission in 1987 – 89. 15 Key stakeholders such as the DRG were invited to share the legal and policy framework of their mandate, Legal Resources Foundation (LRF) and Zimbabwe Lawyers for Human Rights (ZLHR) shared their experiences in this field. Commissioners and staff held a National Inquiry Strategic and Methodological Training & Planning Meeting for Public Hearings held from 14 -16 May 2019. 16 16 Awareness and lessons learnt on Regional and national best practices for conducting Public Hearings were learnt from the Lands Commission, expert facilitators who included two judges (one regional and local) and communication experts 17 See link to website in Annexure 14. 12 13 3 3