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
5.1.11 Right to Liberty and Security of
the Person (Section 49, 52)
5.1.12 Right to Administrative Justice
(section 68)
5.1.13 Right to Equality and Nondiscrimination (section 56)
5.1.14 Marriage Rights (section 78).
Un-documented people often detained indefinitely until their identity
has been established.
Unable to convene public meetings or gatherings in terms of laws
such as the Maintenance of Peace and Order Act as they are unable
to satisfy requirements that include names and identity numbers of
conveners.
Right to administrative justice for administrative decisions that deny
them access to documentation.
Wrong administrative decisions denying them documentation based
on uneven application of administrative requirements for registration
which the law does not require.
Delayed visits by DRG staff to investigate or confirm circumstances
of birth amounts to impromptu administrative decisions contrary to
section 68.
Un-documented people deprived of opportunities sometimes for
reasons beyond their control.
Inherent discrimination in the law allowing one sex to register a child
alone while the other is not, based on perceptions contrary to the
Constitution. For instance, registration of children born out of wedlock
in terms of the BDR Act.
Non-registration of children born in Zimbabwe to unsuccessful asylum
seekers and refugees or un-documented foreign nationals is
unjustifiable discrimination.
All other differentiation that follows as a result of non-documentation
amounts to unfair discrimination contrary to the Constitution.
Non-documentation based on lack of financial resources is unfair
discrimination. The circumstances of each applicant should be
assessed individually.
Non-documentation leads to child marriages as children especially
girls end up getting married to adults before they attain legal age of
majority of 18 years.
Failure to contract a civil law marriage without identity documents.
From the above analysis, it is clear that the lack of national documents impacts on the enjoyment of fundamental
human rights and freedoms. It is therefore imperative that access to documentation is enhanced and protected.
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