Rights of the Child and the African Charter on the Rights and Welfare of the Child.
Zimbabwe is a signatory to this Charter. These rights protect children from problems
that militate against their proper growth and development.
The African Charter on the Rights and Welfare of Children emphasizes the right for
children to be registered at birth as provided in Article 6 as follows:
6(1) “Every child shall have the right from birth to a name.”
6(2) “Every child shall be registered immediately after birth.”
6(3) “Every child has the right to acquire a nationality.”
6(4) “State parties to the present charter shall undertake to ensure that their
constitutional legislations recognize the principles according o which a
child shall acquire the nationality of the state in the territory of which he
has been born if, at the time of the child’s birth, he is not granted nationality
by any other state in accordance with the laws”.
The above instruments need to be domesticated for them to be part and parcel of the
Zimbabwean legal system through a process provided in section 111B of the Zimbabwe
Constitution. This section provides that all instruments signed and ratified by
Zimbabwe should be introduced in parliament and be passed by it like any other local
laws. From 1980 onwards Zimbabwe, despite having ratified the above international
and regional instruments, none of the instruments has been wholesomely domesticated.
Since 1986 there have not been any changes with regards the BDRA. This leaves
Zimbabwe lagging behind the international standards in birth registration which it has
signed and ratified.
2.3 National Legal Framework
Statute Law
Zimbabwe ratified a number of international instruments that concern child registration
but many of the instruments have not been domesticated into national laws.
However, the following domestic laws have a bearing on and are pertinent in governing
birth registration issues in Zimbabwe:
2.3.1 The Constitution of Zimbabwe
The Constitution of Zimbabwe is the supreme law of the land, under which all
other national laws are enacted. The Constitution sets out requirements which
one needs to meet to be considered as a citizen of Zimbabwe.
Section 4, 5, 6 and 7 of the Constitution of Zimbabwe provides for how one
becomes a citizen of Zimbabwe. One can be a citizen of Zimbabwe by birth, by
registration or by descent. Non-Zimbabweans need to meet requirements in the
Citizenship of Zimbabwe Act [4:01] to be citizens. The Constitution provides
that a person born outside Zimbabwe on or after the appointed date shall be a
Birth Registration Research Report/2007
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