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 Annexure 2: Literature Review on Stakeholder Researches and Public Reports TRACE Access to Documentation (ATD) Baseline Study The TRACE Project is a multi-donor funded governance project that started in Zimbabwe in 2016. One of TRACE’s core themes is access to human rights. The ‘Access to Documentation’ (ATD) focus emerged from an analysis of the initial 230 concept notes submitted early on in the programme, and subsequent discussions with twelve community-based organisations and NGOs in Bulawayo and Matabeleland North and South provinces, where a common issue was identified, that of access to birth certificates for children. It was agreed by representatives from these groups, and supported by a mini Political Economic Analysis (PEA) subsequently commissioned by TRACE and discussions with other key informants, that this issue was a key one that contributed to the problem of lack of access to education and other social services by children. In 2017 TRACE then supported a large-scale survey in Bulawayo, Matabeleland South and North to determine the extent of the problem. This process was replicated in Manicaland and Mashonaland West in 2018, thus five of Zimbabwe’s ten provinces were represented in this survey, the main objectives being to: establish the proportion of children (0-18 years) in these Provinces, who did not have birth certificates; the reasons for children being undocumented; practices relating to acquisition of birth certificates for children by their parents or guardians; the impact of lack of documentation on children’s access to education and other social services and the numbers of adults in the households who did not have birth certificates. In 2018, the process was repeated, with nine organisations responsible for implementing the survey, six of them operating in Manicaland and three in Mashonaland West. The questionnaires were also translated into Ndau for use in Manicaland, where this was the respondents’ preferred language. Altogether, 2,665 household interviews were conducted, representing 7,815 children. Details of birth certificates and demographic profile were collected. In addition, 120 key informant interviews and 75 case studies were conducted. The participating organisations were trained in filming techniques and of informed consent procedures associated with using their stories. These short films were made available to the Zimbabwe Human Rights Commission (ZHRC) as reference material for the National Inquiry on Access to Documentation. Legal Resources Foundation Research Paper The Legal Resources Foundation (LRF) commissioned a research paper in 2018 titled “BIRTH REGISTRATION IN ZIMBABWE: A Review of the Legislation” This paper outlines an analysis of the existing legal framework on birth registration in Zimbabwe, establishing areas of strengths and gaps. The paper further highlights legislation whose implementation is premised on the citizenry having identity documents and the challenges which people who do not have identity documents face in institutions where such legislation is applied. In coming up with this paper, literature review of the legal framework and policies on legislation was conducted. The desk review findings were triangulated with findings provided by 6 key informants drawn from Government, Social Welfare and the legal sector. Further follow up interviews and direct observations were employed in gathering data. One of the main findings was that though the Constitutional provisions on birth registration are very progressive, the provisions in some of the statutes and the administrative requirements hinder birth registration. A multi-faceted approach in dealing with the current problems of birth registration is recommended, recognizing that though the legal framework might be contributing to some of the challenges, there are other factors, such as lack of resources, lack of training, lack of awareness by citizens and economic challenges which also affect birth registration. The research also offered recommendations drawn from undertaking comparative analysis with other jurisdictions, specifically looking at provisions which Zimbabwe could include in its legislation and policies to address the challenge of low levels of birth registrations. In the paper the LRF noted that while the Zimbabwean Constitution and the legal framework are fairly clear on the rights of children to have a birth certificate, the problem of high numbers of unregistered births persist. The Constitution makes registering a child not only the duty of the child’s guardian, but also the public responsibility of the Government. The research paper also highlighted that Legal barriers, while present, do not represent the majority of these barriers. Systems issue, poor infrastructure, limited capacity, and funding also contribute to serious deficiencies in access to birth certificate in Zimbabwe. An interplay of various factors, not just legal but also administrative and cultural, affect birth registration in Zimbabwe. This paper focused on barriers presented by the legal framework. The main challenge is that most laws are not aligned to the Constitution, which gives a clear right to birth registration. In view of the barriers to birth registration the following recommendations were made: It is recommended that CSOs prepare Model Bills such as the Births and Deaths Registration Bill and Children’s Bill and present these to the responsible ministries for discussion in Parliament, petition Parliament according to section 141 of the Constitution to consider the matter of low uptake of birth registration in Zimbabwe, amendment of Section 10 of the Births and Deaths Registration Act to ensure that birth registration is accessible to all without discrimination of any kind, including on the basis of the child’s, or the child’s parents’ immigration status. The Birth and Death Registration Act needs review to provide for corrective mechanisms and administrative measures to ensure the registration of older children and unregistered adults, in an integrated, inclusive and protective approach. 68 68