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 EXECUTIVE SUMMARY Access to documentation is a fundamental human right. It is a right upon which other rights can be enjoyed. National documents establish the legal relationship between a citizen and his or her country and they give rise to rights and obligations for both. They are documentary proof of one’s nationality. This aspect of identity is critical to an individual’s integrity as well as affecting his or her wellbeing. Notably, these documents afford a person access to fundamental human rights within a country, including obtaining employment, medical care, qualifying for social benefits, inheritance, enrolment into educational institutions, local and international travel, voting, being voted for and requesting the issuance of official documents and permits, among others. A person without documentation will have difficulties enjoying these rights and freedoms accorded to everyone, citizens or residents. Documentation prevents statelessness which arises from gaps in law and practices that deny an individual the right to a nationality at birth or later in life. Statelessness results in marginalisation, depriving affected persons of their most basic rights, access to services and legal recognition. Individuals who lack a nationality or effective citizenship are usually among the most vulnerable to human rights violations in the entire world. The decision to conduct the National Inquiry on Access to Documentation in Zimbabwe (National Inquiry) was informed by empirical evidence obtained from ZHRC programming work, where it was established that lack of documentation and its negative impact on human rights was a widespread problem in Zimbabwe. It was further informed by reports and research findings of other organisations as well as from concluding observations and recommendations of international and regional Treaty Bodies. The National Inquiry was, therefore, conducted to gather evidence on the nature and extent of this challenge and to make recommendations that will enhance access to documentation for people in Zimbabwe. It focused on access to birth certificates, national identity cards, passports, death certificates and proof of citizenship. The National Inquiry Process The National Inquiry process and methodology are presented in Chapters One and Two of this Report. The process was inclusive, consultative and participatory. It focused on people who had challenges accessing documentation. It also ensured the engagement of all relevant stakeholders working in the field of and having a role in access to documentation. These stakeholders richly contributed to the successful implementation of the process. Stakeholders who were engaged in the process included Government Ministries, Government Departments and Agencies, Independent Commissions, Academic Institutions, Civil Society Organisations (CSOs), Faith Based Organisations (FBOs), Organisations for Persons with Disabilities, (OPWD), Community Based Organisations (CBOs), Residents Associations, university students and the general public. One of the key factors that ensured the success of the national process was awareness of stakeholders and the general public of the National Inquiry. This was a result of the ZHRC ‘s intensive publicity and awareness campaign under the theme; My Identity My Right. The communication strategy was undertaken through a number of initiatives such as the official launch of the National Inquiry, press briefings, radio and television (TV) programmes, and social media platforms. The ZHRC also exhibited at the Zimbabwe International Trade Fair (ZITF) and the Harare Agricultural Show. It also produced audio and visual jingles. Further, there was production and dissemination of Information, Education and Communication (IEC) materials such as posters, flyers and brochures, Provincial Public Hearings newsletters and community outreaches. Before the onset of the National Inquiry, the ZHRC also commissioned a Background Paper on Access to Documentation in Zimbabwe (Background Paper), which captures pertinent issues on access to documentation. The Background Paper enhanced knowledge and awareness among ZHRC Commissioners and staff by informing and providing them with guidance on the implementation of the National Inquiry. In addition to benefitting from this research paper, ZHRC held a number of internal strategic and capacity enhancing meetings with technical input from international, regional and national experts in the field of access to documentation. Stakeholder consultations and outreaches were conducted in all the districts of the 10 provinces from June – November 2020, in order to engage citizens and stakeholders on the National Inquiry. Outreaches included visits to minority and marginalised communities such as San, Tonga and Doma. A total of seven hundred and forty-one (741) stakeholders and twenty thousand, five hundred and sixty-four (20,564) people were engaged in the national Inquiry process. The National Inquiry received seven thousand five hundred and forty-four (7544) written submission forms from individuals and one hundred and ninety-one (191) written submission forms from stakeholders. It is from these submissions that statistics of this research are drawn from. The other pertinent objective of the outreaches was to identify and mobilise potential witnesses who later gave evidence on challenges confronting people in accessing documentation. Thereafter, the ZHRC held ten (10) provincial and one national Public Hearing and reports with findings from each province were compiled. A total of one thousand four hundred (1400) witnesses attended the public hearing sessions. Some of the limitations which were encountered and were mitigated included time and resource constraints, participation of marginalised groups, cooperation from the Department of Registrar General and mobilisation and accessibility to communities. xii xi