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
Analysis of Human Rights Affected by Non-Documentation
ELEMENTS VIOLATED
HUMAN RIGHT/FREEDOM
INVOLVED130
5.1.1 Right to Nationality/Citizenship
at Birth (section 35)
5.1.2 Freedom of Movement within
and outside of the Country (section
66).
5.1.3 Political Rights (section 67)
5.1.4 Right to Health Care (section 76)
Deprives children of the right to nationality and birth registration at
birth.
Deprives affected persons of their right of legal recognition later in
life.
Un-documented children at risk of statelessness at birth and later in
life131.
Deprives affected people of protection of the State wherever they
maybe.
Deprives affected people of the right to passports and other travel
documents.
Failure to benefit and enjoy other human rights and entitlements
enjoyed by citizens, such as access to social services and political
participation.
Restricted movement in and out of Zimbabwe.
Those affected cannot fully enjoy their socio- economic rights,
because they cannot make a livelihood through cross border
trading.
Affects enjoyment of the right to life, personal security, and human
dignity, as people risked their lives by crossing the borders illegally.
Increased corrupt activities in order to acquire documents and cross
borders illegally.
Affects the right to health care, since people fail to seek medical
treatment outside the country.
Failure to vote in all elections and referenda.
Inability to stand for elections into public office as un-documented
people are regarded as foreigners.
Inability to affect the election by participating in the making of political
choices.
Cannot fully participate in the activities of a political party as identity
documentation is required in order to participate meaningfully.
Right to form a political party undermined by lack of identity document
which is required to register oneself as leader of the party.
Participating as election agents not permissible without an identity
document.
Failure to access treatment at many health institutions where national
identity documents are required.
Inability to be a member of a medical aid society or medical insurance
company.
Exclusion from life assurance as proof of age is important in
computation of premiums payable.
PWDs without passports, cannot access duty-free assistive devices
and technology available from other countries. 132
This also affects other people without passports who want to seek
medical health care outside Zimbabwe.
Withholding of birth records to induce settlement of debts violate the
child’s right to registration and nationality/citizenship at birth.
Non-documentation places children outside of the policy of free
services of children under the age of five (5) years.
Non-documentation of senior citizens deprives them of benefiting
from policy on free services for those above 65 years of age.
In terms of the Constitution of Zimbabwe
Statelessness arises from gaps in law and practice that deny an individual the right to a nationality at birth or
later in life. Effectively, witnesses without national documents are alienated from Zimbabwean citizenship as
enshrined in section 35, in particular subsection (2), which gives only legally recognised Zimbabwean citizens
entitlement to the rights, privileges and benefits of citizenship.
130
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