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Resolution on the human rights situation in Zimbabwe
Zimbabwe Human Rights NGO Forum
November 28, 2005

Thus done at Banjul, The Gambia on this 20^th day of November 2005.

We, the participants meeting at the Forum on the Participation of NGOs in the 38^th Ordinary Session of the African Commission on Human and Peoples’ Rights between 18^th and 20^th November 2005, state as follows:

Considering that Zimbabwe is party to the African Charter on Human and Peoples’ Rights and other international human rights instruments, notably the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights;

Recalling the recommendations to the government of Zimbabwe contained in the African Commission Report of the Fact-Finding Mission to Zimbabwe in June 2002, contained in Annex II of the 17^th Annual Activity Report of the African Commission;

Further recalling the recommendations to the government of Zimbabwe contained in the report of the Fact-Finding Mission to Zimbabwe by the United Nations Special Envoy on Human Settlement Issues in Zimbabwe, published on 22 July 2005;

Deploring the actions of the government of Zimbabwe in preventing the African Union Envoy from carrying out his Fact-Finding Mission in Zimbabwe in June 2005 on the basis of procedural irregularities, which calls into question the commitment of the government of Zimbabwe to upholding the rights and freedoms under the African Charter and its preparedness to be held accountable for alleged human rights violations;

Deeply concerned by the continued undermining of the independence of the judiciary through defiance of court orders, harassment and intimidation of independent-minded judicial officers, and the executive ouster of the jurisdiction of the courts;

Further concerned that this has severely affected access to justice for victims of the forced evictions, as well other victims of human rights violations, and has contributed to a deterioration of the human rights situation in Zimbabwe, the breakdown of the rule of law, and a culture of impunity;

Alarmed by the increasing number of internally displaced persons and the associated violations of their fundamental rights, particularly those of vulnerable groups, resulting from the forced evictions carried out by the government of Zimbabwe:

Hereby resolve to call upon the African Commission to adopt a resolution:

1. Condemning the human rights violations in Zimbabwe which have been exacerbated by the policy of forced evictions carried out by the government of Zimbabwe;
   
2. Demanding that the government of Zimbabwe immediately cease the practice of forced evictions throughout the country;
   
3. Urging the government of Zimbabwe 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, including by refraining from committing further human rights violations and by providing urgent legal redress and humanitarian assistance to victims of those violations already committed;
   
4. Urging the government of Zimbabwe to implement without further delay the recommendations contained in the African Commission Report of the Fact-Finding Mission to Zimbabwe;
   
5. Urging the government of Zimbabwe to implement the recommendations of the UN Special Envoy on Human Settlement Issues; in particular by ensuring full and unimpeded access for the provision of aid and protection to the victims of the forced evictions and demolitions, including to internally displaced persons and vulnerable groups, by impartial national and international humanitarian agencies and human rights monitors, and by ensuring that those responsible for the violations are brought to justice without delay;
   
6. Requesting that the measures taken to implement these recommendations are made public;
   
7. Urging the government of Zimbabwe to cooperate with the African Commission Special Rapporteur on Refugees, Asylum Seekers and Internally Displaced Persons in Africa, including by allowing a Fact-Finding Mission to investigate the current situation of internally displaced persons in Zimbabwe;
   
8. Calling upon the government of Zimbabwe to reaffirm its commitment to upholding the principle of separation of powers and to ensure that the judiciary is able to carry out its constitutional functions independently; in this regard specifically by immediately repealing Constitutional Amendment (No.17) and providing an environment conducive to wholesale, people-driven constitutional reform;
   
9. Calling upon the African Union to encourage the government of Zimbabwe to implement the recommendations of the African Commission and the UN Special Envoy on Human Settlement Issues;
   
10. Calling upon the African Union to renew the mandate of the African Union Envoy on Zimbabwe to investigate the human rights implications and the humanitarian consequences of the mass evictions and demolitions;
    
11. Calling upon the African Union to place the human rights situation in Zimbabwe on the agenda of its January 2006 Assembly of Heads of State and Government.

Visit the Zimbabwe Human Rights NGO Forum fact sheet

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