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 CHAPTER 6: ANALYSIS OF FINDINGS 6.0 Introduction The findings of the National Inquiry were analysed and categorized as follows: root causes; policy, legal, administrative; gender dimension; cultural dimension; family structure; and knowledge, attitudes and beliefs as described in detail in this Chapter. 6.1 Policy Framework National policy frameworks in any country are critical for setting the administrative architecture for development and service delivery to the public. Additionally, policy frameworks inform the development of critical legislation on various issues in a country. Policies also set the agenda for the executive by providing for values and principles that underpin Government interventions. These values and principles could include diversity, inclusion, gender equality and affordability of services to mention but a few. The findings have shown that Zimbabwe has a deficit in terms of national policy framework on national documentation. This lack of relevant national policy framework has also resulted in a lack of internal institutional policies, procedures and guidelines. Where these are available, they were developed without any vision, agenda or priorities. Notably, the DRG has developed internal policies governing births and deaths registration which are being implemented inconsistently by different offices and officers across the country. It was observed that despite having constitutional provisions such as section 264 on devolution of governmental powers and responsibilities, critical government departments such as the DRG, continue to remain largely centralised. This has been the root cause of the numerous challenges that people are facing in accessing documentation. The impact of such centralisation is that people in remote areas remain un-serviced and undocumented. 6.2 Legal Framework Zimbabwe has a robust constitution. However, the legal framework regulating access to documentation was found to be lacking and inadequate in some instances resulting in non-documentation. 6.2.1 Births and Deaths Registration Act Section 10 of the BDR Act makes registration of all births and deaths compulsory in Zimbabwe. It is clear that the intention of the Legislature was to ensure that every child born in Zimbabwe is registered and that measures need to be put in place to facilitate easier registration processes. However, evidence particularly in the Harare Metropolitan Province, revealed that registration proved to be a big challenge for a significant number of people due to measures that were rigidly applied without taking into account the difficult circumstances of people seeking registration. The sentiments of most DRG personnel were that their job was to follow guidelines and not depart from such policy positions even if it resulted in non-registration. Their conduct is contrary to the intention of the Legislature to get everyone in Zimbabwe registered, regardless of status, citizenship, or other grounds. It was highlighted that birth certificates issued to non-citizens do not confer citizenship as they are just a record of the birth that has occurred in Zimbabwe. 6.2.2 Lack of Regulations It was noted that lack of regulations to implement the BDR Act, was behind some of the legal challenges for documentation yet section 26 of the Act provides for room for the adoption of regulations. Regulations should prescribe all matters required or permitted by the Act as necessary and convenient for carrying out or giving effect to the BDR Act. In order to fill this vacuum, the DRG came up with a Procedure Manual, which guides the implementation of the provisions of the Act. This Manual does not carry the force of law and has been susceptible to too much discretion and inconsistent application by the DRG personnel134. It should be underscored that the Procedure Manual referred to remained in draft form since the inception of the National Inquiry and was still being reviewed, hence the DRG was unable to submit it as part of the official documents for review by the National Inquiry. For example, DRG personnel in some Provinces would claim that finger prints expired in six months whereas in other Provinces the same were deemed not to expire. This resulted in a significant number of people failing to access documents. 134 48 48