Zimbabwe
HUMAN RIGHTS
NGO Forum
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Human
September 2015
Number 110 English
The Right to a Name and Nationality
Introduction
life and an attribution of citizenship status.
The right to a name and nationality is one of the
Nationality can be obtained by birth, descent or
most fundamental human rights and is
registration. Recording the birth of a child and
important to the realization of children's rights.
their nationality also provides them with
Every child has the right to a name and
judicial capacities. This enables the child to be
nationality. The identity of an individual is the
officially recognized as a member of society and
assertion of his or her official existence in a
to hold its rights and obligations.
society. Children who are not registered do not
officially exist. The right to a name is also a
Why the right to a name and
matter of recognition of a child's individuality
nationality
and what differentiates them from others.
Parents should register their children at birth.
Identity encompasses the first name, the
Birth registration provides an official record of
surname, and date of birth, gender and
a child's existence and nationality. It is also the
nationality of the individual. Through these
first point of contact between a child and the
details, an individual will hold rights and
State and represents the first official
obligations specific to their status.
acknowledgement of a child's existence by the
State. Birth registration is of importance for
The right to a name
the realization of the following rights and
From birth, each child is entitled to a name and
needs:
nationality. It is the duty of parents to declare
•
the name, the surname and date of birth of a
accessing
health
care
and
immunization;
new born to authorities in charge of birth and
•
deaths registration. By recording the birth, the
ensuring that children enroll in school
at the right age;
State officially recognizes the existence of the
•
enforcing laws relating to minimum
child and formalizes their status. Nationality is
age for employment in order to prevent
confirmed through the issuing of a birth
child labour;
certificate. It is an important aspect of a person's
•
dealing with the problem of child
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Building National Commitment Towards a Human Rights Culture
•
•
•
marriages, child trafficking and child
Zimbabwean citizen by descent; to the
soldiers;
prompt provision of a birth certificate.”
participating in the social and political
life;
The Births and Deaths Registration Act (Chapter
exercising the right to vote upon
5:02) of 1986 stipulates that births should be
attaining the age of majority;
registered within 42 days of a child's birth and at
securing the child's right to a
the latest before the expiry of 12 months.
nationality, at the time of birth or at a
•
later stage; and
Regional legislation
getting a passport, opening a bank
The African Charter on the Rights and
account, obtaining credit, or finding
Welfare of Children (ACRWC) in Article 6
employment.
provides for the right of children to be
registered at birth. It states; “Every child shall
Although having a name and nationality alone
have the right from birth to a name, shall be
does not guarantee that a child will have access
registered immediately after birth and has the right
to social and economic rights or freedom from
to acquire a nationality”.
exploitation, its absence however leaves a child
at a higher risk of being subjected to rights
International legislation
violations.
The right to a name and to acquire a nationality
is recognized in the Universal Declaration of
Human Rights (UDHR) the International
Legislative Framework
Covenant on Civil and Political Rights
The right to a name and nationality is provided
(ICCPR), the Convention on the Elimination
for in domestic, regional and international
of all Forms of Racial Discrimination (CERD),
legislation.
the Convention on the Elimination of all
Forms of Discrimination Against Women
Domestic legislation
(CEDAW), the Convention on the Rights of
The right to a name is enshrined in the
Children (CRC), and the Convention on the
Constitution of Zimbabwe Amendment (No.
Rights of Persons with Disabilities (CRPD).
20) Act 2013 under rights of children. Section 81
Article 8 of the CRC guarantees the right of the
(1) states that “Every child, that is to say every boy
child to preserve his/her identity including
and girl under the age of eighteen has the right-
nationality, name and family relations as
recognized
(b) to be given a name and family name
by
law
without
unlawful
interference. While Article 24 (2) of the ICCPR
(c) in the case of a child who is –
(i) born in Zimbabwe; or
states “Every child shall be registered immediately
(ii) born outside Zimbabwe and is a
after birth and shall have a name.”
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Building National Commitment Towards a Human Rights Culture
Article 9 of CEDAW guarantees women equal
unregistered translating to over 50 million
rights with men to acquire, change or retain
children beginning life with no identity. In sub-
their nationality and equal rights with men
Saharan Africa, 18 million births are
with respect to the nationality of their
unregistered annually.
children. Article 18 of CRPD guarantees the
right of persons with disabilities to acquire
Registration practice in Zimbabwe
and change a nationality and not to be
In Zimbabwe, upon giving birth, a mother must
deprived of their nationality arbitrarily or on
be given a birth record at the maternity home
the basis of disability. It also provides that
where she delivers her baby. This birth record
children with disabilities must be registered
affirms the date and place of birth, sex and
after birth and must have the right to a name,
names of the child and the mother. The birth
the right to acquire a nationality and, as far as
record enables one to then get a birth certificate.
possible, the right to know and be cared for by
The child's mother is required to produce her
their parents.
identity document as part of this process. If
parents of the child are married, their marriage
Paragraph 7 and 8 of the UN General
certificate should also be produced to the
Comment No. 1 on the Rights of the Child
registering officer. Physical and personal
emphasise the right of children to have a name
appearance of both parents at the Registrar
and nationality. Children born out of wedlock
General's Office is required if a marriage
are also entitled to this right. Paragraph 7 states
certificate is not available. Single mothers can
that the main purpose of the obligation to
register their children under their maiden
register children after birth is to reduce the
names, if the biological father refuses to
danger of abduction, sale of or traffic in
acknowledge paternity or his whereabouts are
children, or of other types of treatment that are
unknown.
incompatible with the enjoyment of the rights
provided for in the CRC. Paragraph 8 stipulates
For children born out of hospital, a witness with
that States are required to adopt every
a national identity card preferably a midwife
appropriate measure, both internally and in
must be present to confirm the birth of the child
cooperation with other States, to ensure that
whilst for a child born on a farm a witness or a
every child has a nationality when he/ she is
letter from the farmer, confirming the birth of
born.
that child at the respective farm is required. In
cases where one or both parents are deceased
According to UNICEF, in spite of these
relevant death certificates are required for use
domestic,
international
of registration of children. The Zimbabwe
obligations, every year, 55 per cent of all births
Registrar's Office also provides for late
in the developing world (excluding China) go
registration for children registered after one
regional
and
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Building National Commitment Towards a Human Rights Culture
year from the date of birth for both children
also a sign that a child belongs to a family, a
born in a medical institution or outside.
community, and a nation and opens the door to
the enjoyment of other rights. It therefore
Conclusion
becomes the responsibility of parents to make
The right to a name and nationality is a
sure that their children are registered at birth
fundamental human right and it gives a child a
to ensure that they have a name and
recognized legal existence and identity. It is
nationality.
The Human Rights Bulletin is produced by the Zimbabwe Human Rights NGO Forum (”the Forum”)
and is distributed free of charge through its member NGOs. If you would like to distribute copies,
please contact us at;
Suite 4, Number 1 Raleigh Street
P. O. Box 9077, Harare. Telephone (04) 772860 or 770170
email: [email protected] or [email protected]
www.hrforumzim.com
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