Zimbabwe: Children in Zimbabwe Trapped in Statelessness As Bureaucratic Failures Persist

31 October 2024

Thousands of children in Zimbabwe are at risk of statelessness due to the government's failure to address a growing crisis that violates their basic rights.

The lack of birth registration among children born to stateless parents is creating a generation deprived of nationality and the essential services that come with citizenship.

This ongoing issue threatens their present and future, as human rights organisations and legal experts raise alarms over the government's inaction.

The United Nations High Commissioner for Refugees (UNHCR) defines a stateless person as someone not considered a national by any country under its laws.

While the exact number of stateless people worldwide is unknown, the UNHCR estimates that millions of individuals--around one-third of them children--are stateless globally.

In Zimbabwe, the situation is exacerbated by a flawed birth registration system that leaves thousands of children unregistered, pushing them further into the margins of society.

Stateless children in Zimbabwe are denied access to services that are essential for their growth and development.

The Amnesty International Zimbabwe report We Are Like Stray Animals highlights how these children, without birth certificates, are unable to access healthcare, education, or even legal recognition. "Without legal identity, they cannot sit for school exams, enroll in tertiary institutions, or eventually seek formal employment. In essence, they are deprived of their human rights, trapped in a cycle of poverty and exclusion," reads the report in part.

According to the Births and Deaths Registration Act (BDRA), every child born in Zimbabwe must have their birth registered within 42 days.

However, this process has been described as cumbersome and discriminatory, particularly for children of stateless parents or undocumented individuals.

"In many cases, parents are required to present identity documents that they do not possess, making it impossible to register their children. This is a significant barrier for migrants, the descendants of Gukurahundi victims, and people living in remote rural areas with limited access to civil registration offices," continues the report.

One of the most glaring challenges is the bureaucracy involved in registering births.

There are documented cases where officials demand proof of residence, parentage, and the presence of a living witness bearing the same surname as the child--requirements that many parents cannot meet. Fathers who attempt to register their children often face hurdles if the mother's documents are not available.

Stephen Mathe from Bulawayo cannot obtain birth certificates for his seven children because his wife left and he does not have her identity papers.

Children like six-year-old Tinotenda Wallace from Harare are also caught in this bureaucratic web. Tinotenda's mother, Marvelous Mukundwa, is unable to register his birth because she herself lacks identity documents.

"This leaves Tinotenda without the ability to enroll in school or sit for public examinations. He will live a life of exclusion and this hurts me deeply," she said.

Zimbabwe is a signatory to international conventions like the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child, which mandate that every child has the right to a name, nationality, and birth registration. However, the reality in Zimbabwe contrasts with these commitments.

Despite the legal provisions in the Zimbabwean Constitution that recognise citizenship by birth for those born to parents from Southern African Development Community (SADC) countries, many children remain stateless due to bureaucratic inefficiencies and systemic discrimination.

Human rights lawyer and senior consultant at Utafiri Afrika Consulting Dr. Tarisai Mutangi noted that the birth registration process is "designed in such a way that the poorest, especially those in rural communities, are left behind."

"This has led to systemic discrimination, as parents without proper documentation are unable to secure birth certificates for their children."

Amnesty International Zimbabwe's Executive Director, Lucia Masuka, emphasised the need for reforms. "The decentralisation of registration services will contribute significantly to early registration of children," she said.

"Currently, many parents face substantial travel costs and long queues to access registration, which can be prohibitive. In some countries, birth registration starts at health institutions right after delivery, a model that could ease registration challenges here."

Masuka also addressed the inflexible requirements in Zimbabwe's registration process, which make it particularly difficult for children of stateless or undocumented parents to secure documents.

"Our law should provide flexibility or waivers in cases where a child's parents lack necessary documentation. This could include letters from traditional leaders or community authorities who can attest to the child's identity."

She also underscored the importance of training registration officers to interact sensitively with citizens. "Some people avoid registration offices due to the humiliating treatment they face, particularly single mothers and undocumented individuals," she said.

"Implementing efficient service delivery models, like those in the Passports Office, would help make the process more accessible and dignified."

The current system not only fails children born to stateless or undocumented parents but also threatens to create a generation of stateless people who will be trapped in poverty and marginalisation. Zimbabwe's struggle with statelessness is not unique.

Countries like Kenya and Côte d'Ivoire have demonstrated that political will can make a difference.

In 2017, Kenya granted citizenship to the stateless Makonde people, offering hope for Zimbabwe.

Governance analyst Lazarus Sauti said Zimbabwe can learn from these examples.

"Children should not suffer the consequences of legal shortcomings. By ratifying international treaties like the 1961 Convention on the Reduction of Statelessness and reforming national laws, Zimbabwe can protect the rights of these children and prevent future generations from falling into statelessness," he said.

Efforts to get a comment from the chairperson of the Parliamentary portfolio committee on Defence, Home Affairs, Veterans of Liberation Struggle and Security Committee, Albert Ngulube, were futile as he did not respond to questions sent to him.

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