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.
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