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 20

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