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Unlawful eviction of flea market vendors, tuck shop operators and street vendors and destruction of their Property
Zimbabwe Lawyers for Human Rights (ZLHR)
May 24, 2005

Zimbabwe Lawyers for Human Rights (ZLHR) notes with grave concern the ongoing unjustified and illegal action which has been taken against licensed flea market operators, tuck shop operators and street vendors by the Zimbabwe Republic Police (ZRP) and Harare Municipal Police in the previous days. In an operation codenamed "Operation Murambatsvina" police descended upon individuals operating within and without greater Harare and, without any lawful order or justification and without following the principles of natural justice summarily evicted the majority of these operators and destroyed or confiscated their goods. This was done even where the affected individuals were able to produce proof that they were legitimately carrying out their business therein. ZLHR is also disturbed by the unlawful assaults of civilians and destruction of property by the police in the ensuing melee.

These acts by the ZRP and municipal police are clearly and manifestly illegal as they had no lawful order to evict mostly licensed flea market operators and tuck shop owners. At one flea market, Mosque Flea Market, along Julius Nyerere Way, ZLHR received first-hand information that an estimated 200 flea market operators were forced to take flight with their goods despite having already paid the Harare City Council an amount of Z$72 000 in rental for May 2005 in order to legitimately operate their stalls.

ZLHR condemns in the strongest possible terms the inaction of the commission currently running the affairs of the Harare City Council in protecting the rights of these tenants. Instead of guaranteeing the right to tenancy of these licensed flea market operators, the commission running the Harare City Council has negated its contractual obligations and has in fact been complicit in the open and criminal facilitation of the eviction of the flea market operators by the ZRP and the concomitant destruction of livelihoods. ZLHR does not hesitate to place on record yet again that the commission is an illegal institution which was not democratically elected by the people of Harare. These unlawful actions by an unlawful body have been noted and will be strongly pursued through all available legal channels.

The illegal action, which continues unabated by the ZRP and municipal police, is a clear violation of the constitutional right to protection from deprivation of property as guaranteed by section 16 of the Constitution of Zimbabwe. This deprivation under the veil of "Operation Murambatsvina" and the barring of business operations of licensed informal traders in turn violates the economic and social rights of the affected individuals and their families, as they are being deprived of their only source of income and livelihood.

This should be of primary concern to the government of this country, as any such deprivation can only impact further on the sector of the Zimbabwean community suffering most from the continued socio-economic decline and hardships, and therefore most in need of protection.

Article 22 of the African Charter on Human and Peoples' Rights, to which Charter Zimbabwe is a state party, guarantees to all people the right to economic and social development. Zimbabwe's government regrettably has, in the case of the evictions, assault of individuals and confiscation of property, failed to protect these rights and has, in fact, through its law enforcement organs, been a willing party complicit in the violations.

ZLHR is finalising legal proceedings, which shall shortly be instituted against all parties complicit in the continuing violations on behalf of the affected individuals and families, and will not hesitate to act in protecting the economic and social rights of Zimbabwean citizens, which responsibility has been abandoned by their state protectors.

ZLHR calls upon the Zimbabwe Republic Police and the commission currently running the Harare City Council to desist immediately from violating property rights, economic and social rights, and to publicly and definitively put an end to this exercise of impunity.

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