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Zimbabwe: How much longer will this defiance of the United Nations and violation of international law be tolerated?
Sokwanele
March 05, 2006

http://www.sokwanele.com/articles/sokwanele/howmuchlongerwillthisdefiance_5march2006.html

Cowdray Park on the north-western fringe of the city of Bulawayo is a relatively modern high-density township, created some years ago to accommodate the city's burgeoning population. Along with its settled resident population the township also plays host today to some of the internally displaced persons (IDPs), rendered homeless by the infamous Operation Murambatsvina ("clean out the filth") which commenced in May 2005. It does so, not because that was the way those who planned and directed that military-style operation wanted it - their intention was to clear the urban "filth" out of the cities altogether and forcibly relocate them to remote rural areas - but rather because a few of the victims managed to escape the dragnet and, with the help of local church and humanitarian workers, to secure the most precarious lodging close to the city.

Some of the IDPs who initially lodged in Cowdray Park after the "Mugabe Tsunami" have since moved on.

Who knows - or cares - where these wretched victims, deprived of shelter, food or any support network, have now taken refuge. The Mugabe regime certainly cares not one jot for their welfare. For their part those who planned and executed this criminal venture have achieved their objective in removing them from a settled way of life in the city environs and dispersing them to remote, rural locations where their desperate plight will be hidden from public view. Moreover they can be reasonably confident that henceforth all the victims' energies will be devoted to the daily struggle to stay alive - with no time or opportunity to support angry street protests or the food riots the military were anticipating. Many have died along the way, succumbing either to malnutrition or one of the many diseases spawned by their unsanitary living conditions. Those few who have made the effort to monitor the IDPs progress or provide them with emergency food rations, testify that a significant number of young to middle-aged victims have simply given up all hope and died of deep despair.

Eight families whose homes at Killarney (on the far side of the city) were flattened by Mugabe's storm troops were later relocated from a government transit camp to makeshift accommodation at Cowdray Park. There they were housed temporarily in tents provided by the Red Cross. That they were not taken and dumped in a remote rural area like so many other victims was a tacit admission by the authorities that these eight families had no connection whatsoever with any rural area. In fact most of them could trace their ancestry back to Malawian roots. They have no known relatives in Zimbabwe.

A visit to these displaced people today would reveal that, though they have some shelter from the elements and are therefore better off than many, they are still living in abject poverty and in the most appalling conditions. When our reporter visited the site recently he found ten persons from two families crowded into one of the tents. The fabric of the tents is worn and lets in water during heavy rain showers.

The muddy conditions have also provided a perfect breeding ground for mosquitoes, which are present in large numbers and torment the inhabitants by night and day. Our reporter called on a cool and wet day. He was invited to shelter by the fire in a low corrugated iron structure which serves as a kitchen.

Crouched there he spoke to some of the children who have been forced to make this their temporary home. He was amazed to discover that some were attending a school nearby - fees provided by Christian friends - and one little girl was even coming first in her grade. Our reporter confesses to being both amazed and humbled by the resilience shown by these youngsters. Somehow the trauma scars and deep insecurity of their parents have not yet transferred to them.

But this may soon change because the Red Cross have given notice that they want their tents back. The eight destitute families will have to move on - again - but where? Without any resources of their own, without family to turn to or any claim to urban or rural land, they have become totally dependent on others for their welfare - indeed for their very survival from day to day.

By a cruel irony the Red Cross tents stand right alongside some new permanent housing units hastily constructed by the regime under its much vaunted "Operation Garikai" or "Hlalani Kuhle" - a reconstruction programme they claim was intended to provide housing for those who had been evicted from their homes under Operation Murambatsvina. In June 2005, under intense pressure from the United Nations, the regime claimed it had set aside USD 300 million to build 1.2 million houses, promising to build 4,900 houses within a few months. The reality was, and is, very different of course. Not only has Hlalani Kuhle provided but an infinitesimally small number of the housing units promised, but the regime has imposed financial and income qualifications on applicants which effectively exclude all those whom it was claimed the scheme would benefit. In December 2005 the international human rights group Human Rights Watch published its findings that "the number of houses being built was negligibly small compared to the hundreds of thousands of persons rendered homeless by the evictions and so far few houses have been completed."

In the same report entitled "Evicted and Forsaken" Human Rights Watch also noted that their own research "indicates that Operation Garikai has little to do with humanitarian relief effort, as the vast majority of the internally displaced will not be among its beneficiaries, as they are unlikely to meet the criteria for ownership of the new houses."

Invariably those moving into the few completed units have come from the ranks of the army, the police and civil service - many of whom already have other homes elsewhere. It is yet another example of ZANU PF patronage at the expense of those in desperate need. We ourselves are yet to discover one single instance of a genuine victim of Operation Murambatsvina being offered a house constructed under the so-called reconstruction programme.

When asked to comment one of the soldiers guarding the incomplete building site at Cowdrey Park, who gave his name as Mataviri, confirmed that there was no prospect of any of the homeless families sheltering in the adjacent Red Cross tents being allocated one of the new units. Enquiries at the housing department of the city council revealed further that they had not been consulted nor their own long waiting lists of homeless families even considered in the process of allocating the new units.

To make matters worse the army and the building contractors who constructed the new housing units at Cowdray Park chose to ignore the planning by-laws and professional advice offered by the local authority.

They completed the structures before laying the sewer system, only to find that they had built on bedrock. Were they to use dynamite now to break up the rock in order the install the required sewage pipes they would severely damage the completed houses. A serious question therefore remains whether anyone will benefit from this particular development which has been executed in such a shabby and unprofessional manner.

So what kind of future faces the eight displaced families about to be moved on again from the tents they have been occupying at Cowdray Park? Their prospects are indeed bleak. That they were better off living in their own (albeit inadequate) homes at Killarney before the regime's vicious campaign of evictions, goes without saying. Indeed out of sheer desperation, some displaced persons have returned to Killarney to sleep in their makeshift structures by night and spend each day on the move, dodging Mugabe's riot police. But this is clearly not an option to be recommended. What then can these evictees do ? Or rather, given their own complete powerlessness and the regime's callous disregard of their plight, what can others do to help them?

Before attempting to answer that question one must take account of the scale of the disaster caused by the Mugabe Tsunami. The United Nations Special Envoy deployed to Zimbabwe by the U.N. Secretary-General in June 2005, estimated that 700,000 people lost their shelter, livelihood or both as a result of Operation Murambatsvina, and that about 570,000 of them had been internally displaced. But that massive displacement came on top of years of ZANU PF misrule which had already created tens of thousands of internally displaced people. Between 1999 and 2004 large numbers of people were forced to move from their homes due to an escalation in political violence and state-sponsored human rights violations across the country. The largest single group so affected were the farm workers who were chased off the commercial farms on which they had been employed, some for several generations. In December 2003 the U.S. Committee for Refugees estimated that more than 100,000 people were internally displaced in Zimbabwe. So to the number of IDPs created by the 2005 blitzkrieg must be added the huge number of those systematically targeted for forced removal in the preceding years.

Kofi Annan, the U.N. Secretary-General's assessment that Operation Murambatsvina had done a "catastrophic injustice" to the poorest citizens of Zimbabwe, was therefore no overstatement. After carrying out a competent and professional assessment of the situation on the ground, his Special Envoy Anna Tibaijuka, had already concluded that the operation had "precipitated a humanitarian crisis of immense proportions" from which it would take several years to recover. At the same time she called on the government to "recognize the virtual state of emergency" that prevailed across the country and to take urgent measures to provide relief for the victims.

Eight months after the evictions it is plain for all to see that the Mugabe regime has no intention of providing the relief so urgently required. Even worse, they are in denial even to the extent of denying there is a crisis. Consequently they have deliberately obstructed efforts by the U.N. and the international community to provide humanitarian assistance and protection for the victims. To quote again from the report "Evicted and Forsaken":

"In blatant disregard of the recommendations of the U.N. Special Envoy and the requirements of international law as reflected in the Guiding Principles on Internal Displacement, the government of Zimbabwe has denied international humanitarian agencies access to the majority of the internally displaced, and deliberately obstructed the provision of international assistance and protection to the IDPs. The authorities prevented the U.N. and other international agencies from providing tents or other temporary shelter to the displaced and prevented the distribution of food to people displaced by the evictions."

Human Rights Watch noted the "concerted effort (of the authorities) to coerce the people displaced by the evictions to leave the cities and move to the rural areas". The Zimbabwe Republic Police (ZRP), a once professional force now shamelessly used by Mugabe to execute his arbitrary and often unlawful commands, resorted to threats, harassment and beatings of the internally displaced in order to achieve this objective. At the same time the regime applied pressure upon the humanitarian agencies not to provide shelter or food to those who chose to remain in the urban areas.

The rural areas to which the IDPs were effectively banished are in most cases impoverished and already overpopulated relative to the numbers which the land will support. Their arrival therefore is not welcomed by those already scratching out a meager existence. Social services and economic opportunities are generally minimal. The obstacles facing those dumped in these locations without any support system whatsoever are overwhelming. The closest analogy that comes to mind is the programme of forced removals under apartheid rule in South Africa, under which whole communities were relocated from land designated for white occupation and literally dumped on arid patches of the veldt to cope as best the could. Indeed there are some striking similarities between Mugabe's doctrinaire social engineering policies and the brutal forced removals conceived by the architects of apartheid.

Not only does the Mugabe regime act in blatant disregard of the wise counsel of the United Nations; it is also in violation of both national and international law. Not without good reason did the U.N. Special Envoy refer in her report to the regime's "disregard (of) several provisions of national and international legal frameworks," and recommend that those responsible for the injury caused by the operation be held to account Specifically the regime's obstruction of international humanitarian assistance contravenes the U.N. Guiding Principles on Internal Displacement which establish the right of "international humanitarian organizations and other appropriate actors ... to offer their services in support of the internally displaced" and call on the national authorities to consider such offers in good faith, "particularly when the authorities concerned are unable or unwilling to provide the required humanitarian assistance."

The African Commission on Human and Peoples' Rights (ACHPR) at its recent meeting in Banjul, The Gambia, expressed itself to be "alarmed at the number of internally displaced persons and the violations of fundamental individual and collective rights resulting from the forced evictions being carried out by the government of Zimbabwe." The ACHPR urged the regime "to cease the practice of forced evictions throughout the country, and to adhere to its obligations under the African Charter on Human and Peoples' Rights and other international human rights instruments to which Zimbabwe is a party." They also urged compliance "without further delay" with the recommendations of the U.N. Special Envoy made in her report of July 2005.

The stage has been set therefore for international action to address the issues raised by Operation Murambatsvina and, given the suffering of the hundreds of thousands of victims which is not only continuing but intensifying daily, it is incumbent on the international community to act without delay.

Three things are now crystal clear:

  1. The Mugabe regime acted illegally and remains in violation of national and international law and in defiance of the United Nations
  2. The regime is obstructing the international relief effort at the same time as it has shown itself unable or unwilling to provide the humanitarian assistance so urgently required
  3. The suffering of the victims is meanwhile intensifying

The case for urgent and concerted action by the international community is a compelling one. Moreover the U.N.'s own world-wide experience of assisting displaced people in crisis situations has already shown that, faced with an uncooperative regime like Mugabe's, a slow or muted response only compounds the problem. A comprehensive survey on the U.N. response to IDP crises in nine different countries undertaken some years ago by the U.N.'s Office for the Coordination of Human Affairs and the Brookings Institution-John Hopkins SAIS Project on Internal Displacement in fact concluded that situations "where access is denied and the displacement problem ignored or minimized ... require exposure to public scrutiny and a more assertive response from U.N. agencies on the ground and from U.N. headquarters and the Security Council."

To quote again from the Human Rights Watch report "Evicted and Forsaken" and in fact the final sentence of that measured and careful analysis: "The plight of people displaced by the Zimbabwean government as a result of Operation Murambatsvina cannot be overlooked any further. It must generate a sense of outrage sufficient to trigger concerted action to protect and assist the displaced."

Doubtless the few caring human beings who have been assisting the eight stranded families at Cowdray Park will continue to do the little they can to reduce their suffering, and we applaud their efforts. But we are faced here with a far bigger crisis than any number of humane individuals on the ground can ever cope with. It is a tragedy of immense proportions which can only be addressed adequately by the international community through the United Nations. And the time to act is now.

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