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 4: DOCUMENTATION AND SPECIAL INTEREST GROUPS 4.0 Introduction The National Inquiry identified challenges of access to documentation that affect people generally, however it further identified thirteen (13) groups of people who face specific challenges due to their particular vulnerabilities. The findings showed that these groups face additional problems which increase the negative impact of lack of documentation as outlined in Chapter 5. It is therefore imperative that their specific challenges and their peculiar situations are taken into consideration when formulating policy, legal reform and durable solutions to the problem of lack of access to documentation94. Further, the negative impact of non-documentation on the enjoyment of human rights exacerbates their already vulnerable situations as such there is need for all programming by all relevant stakeholders to bear this issue in mind. These special interest groups which require special attention include: women, children, PWDs, Refugees, Gukurahundi affected communities, foreign nationals, among others. The Table below summarises the challenges faced by the different special interest groups. Furthermore, a summary of some of their testimonies as special interest groups is in Annexure 7. Challenges and Issues Faced by Special Interest Groups 4.1 Children Children95 born out of wedlock are not registered because mothers are usually unaware that they can register children in their maiden names96. Children are not registered because of legal and policy limitations specifying that no father or paternal relative can register a child’s birth in the absence of the mother, mother’s death certificate or maternal relatives. Parents migrated to other countries to seek employment leaving children in the custody of elderly people who cannot register them resulting in failure to enrol them in school or obtain food aid on their behalf. Children in child headed families did not have documentation and faced difficulties to access documentation due to poverty, lack of awareness of registration requirements and its importance. Prior to December 2018, the procedure for registering external births required parents to pay an administrative fee of USD50 (which later became ZWL50 when the Zimbabwe dollar was introduced) but this was more than most parents could afford.97 Fee was reviewed to ZWL2 but findings showed that some DRG officials continued to charge the old fees. Male relatives denied some women permission to register their children using their maiden names arguing that it was unacceptable to bring children with a “foreign totem” into their clan. At times the relatives were also concerned that those children might end up acquiring inheritance rights, including chieftainship. 94 See Annexure 16 for specific recommendations on Special Interest Groups The Constitution places a duty on the State to adopt policies and measures to ensure that in matters regarding children, the best interests of the child are paramount. Further, the Constitution provides for the prompt provision of a birth certificate to every child and the right to family and parental care or to appropriate care when removed from the family set up. It is the legal duty of the father or mother of a child to give notice of the birth of a child. It is therefore, a matter of law that children cannot register themselves. 95 96 As discussed in Chapter 3. The Matabeleland South Provincial Registrar stipulated that the DRG had acknowledged the obstacle and reviewed the policy in December 2018, resulting in the reduction of this ZWL50 administrative fee to ZWL2 for children above 6 years and free of charge for children below 6 years. However, oral submission by witnesses indicated that not all DRG officers were implementing this policy adjustment. One female witness from Mangwe District indicated that she had submitted a birth registration application for her child a week before appearing at the Public Hearing and was required to make the ZWL50 payment at Ngwizi DRG office. 97 33 33