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 In relation to the girl child, failure to proceed with education due to lack of birth certificates often leads to early marriages. Without a birth certificate and an identity card, it is difficult to find gainful employment later in life. 6.6 The Cultural Dimensions of Documentation Some sections of Zimbabwean society have strong cultural beliefs and practices that have a bearing on documentation and these result in barriers to the registration process. Thirty-eight-point five percent (38.5%) of the submissions received were on challenges related to socio-cultural norms. For instance, the law allows women to register children born out of wedlock in their maiden names where the father of the child is unwilling or unable to register the child. However, evidence received showed that women still found it difficult to register their children in their own names because of the cultural belief that children must carry their father’s surname. They testified that their parents and relatives withheld permission to give their surnames to a child who did not belong to their clan/ totem, for cultural reasons. As such most of these children ended up being un-documented. Further, evidence tendered showed that some DRG officials had cultural prejudices and perpetuated this discriminatory cultural practice by insisting that women should bring the fathers of the children, to be able to register the birth of the child, even in cases where women were willing to register children in their maiden names. For all birth registration processes, the presence of the mother or mother’s relatives is a pre-requisite. Evidence was received of instances where relatives of the mother of the child refused to cooperate with the father in facilitating documentation of children where lobola had not been paid. The demand for fulfilling this cultural practice results in some children not being documented. Point six percent (0.6%) of the thirty-eight point five per cent (38.5%) of the forms submitted where cultural barriers were cited related to non-payment of lobola. The DRG’s department, traditional leaders and civil society’s role are crucial in highlighting such practices and advocating for people to change attitudes. Parliament also has a critical role of legislating against harmful cultural practices. The stringent requirement by the DRG of maternal relatives being present should be discarded and allow other members of the community (traditional leaders, local leadership and neighbours) to attest that he is the father. When one parent is deceased, particularly the mother, male witnesses reported that they faced difficulties in obtaining birth certificates for their children because the maternal relatives refused to cooperate. 6.7 Family Structure and Documentation Legislation in Zimbabwe and societal norms generally presuppose a traditional standard family unit of father, mother and children. Evidence gathered revealed that the structure of the family is changing due to various factors such as death of one or both parents, divorce, family feuds resulting in refusal to assist in accessing documentation, migration of one or both parents leaving un-documented children in the custody of relatives and friends. Further, family units have changed to child-headed, children in custody of grandparents (in some cases ailing), neighbours, single parents and this has major implications on how people can be documented. Current laws place the primary responsibility for registration of a child on the father and mother and not guardians or custodians such as relatives and friends or by a sibling, although section 12 of the BDR Act imposes the obligation of birth notification on a number of people other than the parents. However, consideration must be given to the reality of the new and emerging family structures to enable access to documentation by affected people. 6.8 Knowledge, Attitudes and Practices of Duty Bearers and Citizens towards Documentation Duty bearers, especially at lower levels such as the DRG’s District and sub-offices did not have sufficient knowledge of registration procedures resulting in citizens not being documented. This was evident during the Provincial Hearings where Provincial Registrars highlighted that some cases could have been easily resolved at sub-office and district level without turning people away or referring them to the Provincial Office. This was also buttressed by the fact that the DRG Help Desks at Provincial Public Hearings were able to resolve some of the long outstanding issues on documentation. It was noted that there was poor customer service by some of the DRG offices. Submissions received highlighted complaints ranging from name calling, non-attendance to clients, disrespect and ill treatment of clients, which had an effect of turning away people or discouraging them from following up on the registration process. It is imperative that public service offices such as the DRG’s office reaffirm the human dignity of the public through provision of good, effective and efficient customer care services. Inability to serve these customers effectively and efficiently could be stemming from lack of knowledge, or other factors which can only be verified if the DRG takes a survey of its staff and conditions of service. 57 57