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Zimbabwe evictions may constitute a 'crime against humanity'
Centre on Housing Rights and Evictions (COHRE)
June 09, 2005

COHRE letter of protest on Forced Evictions and 'Operation Restore Order'

Zimbabwe’s mass evictions campaign could amount to a crime against humanity cautioned the Geneva-based Centre on Housing Rights and Evictions (COHRE), a leading international human rights group working towards the promotion and protection of the right to adequate housing.

Scott Leckie, Executive Director of COHRE said, "The pattern of violations in Zimbabwe is horrendous, undeniable and in flagrant breach of the right to housing enshrined in several international human rights conventions ratified by Zimbabwe, including the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR)."

In mid-May, the police and military in Zimbabwe commenced ‘Operation Restore Order’ (Murambatsvina), a mass displacement and eviction campaign aimed at informal sector traders and residents living in informal settlements across the country. In the last three weeks, more than 22,000 people have been arrested for so-called ‘illegal trading’, while over 200,000 people have been forcibly evicted without notice and their homes or stalls demolished. Police used guns, batons, sledgehammers, bulldozers, flamethrowers and torches to destroy the dwellings and intimidate the occupants. COHRE has also learnt that several occupants were forced to destroy their own homes at gunpoint, despite having government-issued residence permits.

Leckie cautioned, "The evictions in Zimbabwe may constitute a crime against humanity since the Statute of the International Criminal Court clearly prohibits the deportation and forcible transfer of population. According to the Statute, deportation or forcible transfer of population is defined as forced displacement of persons from the area in which they are lawfully present, without any grounds permitted under international law."

Leckie added, "We are calling on the UN Security Council to refer the leading members of Zimbabwe Government, police force and military to the International Criminal Court in The Hague. From the Nuremburg trials of major war criminals from World War II to the present, forced relocation within a state has been held to constitute a crime against humanity, particularly if minimum procedural guarantees are not respected, violent methods are used to displace individuals and the effects of forced relocation have a negative impact on the enjoyment of other human rights. It is time for the Security Council to act on the situation in Zimbabwe."

The Government of Zimbabwe has claimed that Operation Restore Order was necessary to prevent ‘illegal trading’ in commodities and foreign currency. However, several observers and human rights groups suspect that it is a calculated move by the Government of Zimbabwe to break-up popular urban support for the opposition Movement for Democratic Change party.

"Mugabe’s mismanagement of the economy has created an unemployment crisis, with 70 percent of Zimbabwe’s workforce currently out of work. The very people made destitute by his policies have been violently deprived of their only remaining sources of income and shelter. Hundreds of children are amongst the scores of people who have been forced to sleep in exposed conditions in winter temperatures below five degrees Celsius at night," said Leckie.

The evictions also ignore the important role played by the informal sector in sustaining the economy. The destruction of property, businesses and houses only heightens Zimbabwe’s current economic disaster.

Leckie added, "This case shows the importance of respecting all human rights. Lack of democracy in Zimbabwe has contributed to poverty. Rising unemployment has led to the expansion of the informal sector and the recent violent and illegal evictions and demolitions have started a domino-effect that will soon topple the rights of thousands of Zimbabweans to work, food, housing, healthcare and children’s education."

A legal challenge against the evictions was dismissed by Judge Tedias Karwi last Friday. Karwi’s Ruling held that the authorities were "within their rights", although "a longer period of notice would have been better."

President Mugabe issued an order last Friday calling for a temporary halt to the evictions following widespread pressure from both home and abroad. However, COHRE has received reports that the order has not been implemented and that the violence and evictions continue unabated. Furthermore, police have referred to the pause as a mere ‘breather’, and expect to resume operations shortly.

COHRE has urgently called for the following in a letter to the Government of Zimbabwe:

• Formally cease Operation Restore Order (Murambatsvina) permanently and unconditionally;
• Provide emergency relief supplies including blankets, temporary emergency shelters, sanitation facilities and food supplies to those displaced;
• Provide emergency healthcare treatment and required drugs in the form of mobile clinics;
• Establish a compensation fund for those whose legally recognized property was destroyed; and
• Establish a national consultative committee to resolve the issues of informal trading and settlements, rural labour shortages, and other relevant health and safety concerns. Such consultation should aim for solutions adopted voluntarily by all parties, and transparent procedures and policies to guide their implementation process.

COHRE further calls on the United Nations, the European Union, and the governments of all countries to demand that the Government of Zimbabwe cease Operation Restore Order forthwith and take measures to shelter and feed the displaced.

COHRE also calls on the UN Security Council to give the prosecutor of the International Criminal Court authority to investigate and prosecute serious crimes committed in Zimbabwe.

COHRE, an independent international non-governmental organisation based in Geneva, Switzerland, published an on-site investigation report titled Land, Housing and Property Rights in Zimbabwe in 2001.

For interviews or additional information please contact COHRE’s Deputy Director, Jean du Plessis on +41-22-734-1028 or jean@cohre.org or COHRE’s Media Officer, Radhika Satkunanathan on +61-400-899-474 or radhika@cohre.org

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