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 5.1.11 Right to Liberty and Security of the Person (Section 49, 52) 5.1.12 Right to Administrative Justice (section 68) 5.1.13 Right to Equality and Nondiscrimination (section 56) 5.1.14 Marriage Rights (section 78). Un-documented people often detained indefinitely until their identity has been established. Unable to convene public meetings or gatherings in terms of laws such as the Maintenance of Peace and Order Act as they are unable to satisfy requirements that include names and identity numbers of conveners. Right to administrative justice for administrative decisions that deny them access to documentation. Wrong administrative decisions denying them documentation based on uneven application of administrative requirements for registration which the law does not require. Delayed visits by DRG staff to investigate or confirm circumstances of birth amounts to impromptu administrative decisions contrary to section 68. Un-documented people deprived of opportunities sometimes for reasons beyond their control. Inherent discrimination in the law allowing one sex to register a child alone while the other is not, based on perceptions contrary to the Constitution. For instance, registration of children born out of wedlock in terms of the BDR Act. Non-registration of children born in Zimbabwe to unsuccessful asylum seekers and refugees or un-documented foreign nationals is unjustifiable discrimination. All other differentiation that follows as a result of non-documentation amounts to unfair discrimination contrary to the Constitution. Non-documentation based on lack of financial resources is unfair discrimination. The circumstances of each applicant should be assessed individually. Non-documentation leads to child marriages as children especially girls end up getting married to adults before they attain legal age of majority of 18 years. Failure to contract a civil law marriage without identity documents. From the above analysis, it is clear that the lack of national documents impacts on the enjoyment of fundamental human rights and freedoms. It is therefore imperative that access to documentation is enhanced and protected. 46 46