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A
right or a privilege: Access to identity and citizenship in Zimbabwe
Research and Advocacy Unit
December
20, 2008
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Introduction
Identity documents
are tags reflective of an individual’s history and heritage.
Without identity documents individuals fall into a bureaucratic
limbo as procedures for telling who they are, where they are from,
and to whom they are connected are lost. Traditional African culture
in Zimbabwe also recognized the importance of identity - hence the
collective groupings that existed defined along the lines of one’s
totem; e.g. Dube, Khumalo, Dlodlo, Moyo, Shumba, Ndlovu, etc. Identity
links an individual to a society, and, from that link, the individual
derives benefits and privileges that could not otherwise be claimable
if they were not a part of the group. From an officially recognized
identity arise rights and obligations that shape people’s
lives. As important an item as an identity document is, it should
not be denied an individual without good reason.
This report
looks into the right to identity from the perspective that women
are and have always been disadvantaged in Zimbabwe because of the
patriarchal nature of the society in which they live. Although there
are standing decisions of the courts and laws that change various
social standpoints that previously impeded women’s ability
to exercise their rights, women still face problems in exercising
these rights because of the same patriarchal society standing in
their way, or due to legal illiteracy. This report thus seeks to
expose the nature of the right to an identity document or officially
recognized identity in the Zimbabwean and global context, privileges
arising from that right, problems faced by people who are denied
that right, and the overall impact of the denial of the right to
identity on women in their capacity as mothers, child rearers, bread
winners, and civilians in general.
Background
information
In 1952, the
African Registration and Identification Act was passed entitling
“advanced” Africans the right to have an identity document
which was different from the ordinary “sithupa1” held
by every other African.2 On 17 November 1972, the House of Assembly
of the “illegal” Rhodesian government3 tabled a Bill
introduced by the Minister of Internal Affairs. The Bill was passed
into law as the Africans (Registration and Identification) Amendment
Act, No 48 of 1972.
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