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Statement By the Human Rights Trust of Southern Africa to the 39th Ordinary Session of the African Commission on Human and Peoples' Rights on the status of Human Rights in Southern Africa
Human Rights Trust of Southern Africa (SAHRIT)
May 15, 2006

Botswana
The Human Rights Trust of Southern Africa (SAHRIT) notes allegations of the mistreatment of minorities within Botswana and immigrants to Botswana, especially Zimbabwean nationals. These allegations have been noted in the concluding observations of the United Nations Committee on the Eradication of Racial Discrimination. Reports that the government of Botswana continues to be involved in the forced displacement of the Basarwa/San people from their ancestral lands and continued discrimination against the people in law and practice are of serious concern.

Botswana continues to use whipping as a punishment, imposed by traditional authorities. Whipping in itself in these circumstances is a violation of the human rights obligations of Botswana under the African Charter on Human and Peoples’ Rights and if it is abused with respect of immigrants the added issue of discrimination arises. SAHRIT therefore calls on the government of Botswana to seriously consider the matters raised by the Committee on the Eradication of Racial Discrimination in light of its obligations under the African Charter on Human and Peoples’ Rights. SAHRIT further urge the African Commission on Human and Peoples’ Rights to take these issues seriously in dialogue with the state of Botswana.

Zimbabwe
SAHRIT reiterates its concern over the manner in which Operation Restore Order (also known as Operation Murambatsvina) was implemented by the government of Zimbabwe in 2005. Furthermore, SAHRIT calls on the government to meet all its obligations relating to individuals who were directly affected by the operation, including especially its obligations relating to the enjoyment of the rights to shelter, health and education of individuals whose enjoyment was interrupted by the operation.

SAHRIT notes the launch by the government of Operation Garikayi/Hlalani Kuhle on 29 June 2005 in an attempt to address the consequences of Operation Restore Order, and in fulfilment of its obligations regarding the implementation of the rights to shelter, health and education. The government of Zimbabwe reportedly injected substantial resources into housing under operation Garikai/Hlalani Kuhle, although the total amount injected is not clear.

Considering the urgency of the housing crisis in Zimbabwe, exacerbated by Operation Restore Order, it is imperative that the government utilises all available resources and conducts the housing programme in a transparent and accountable manner. Any failure to conduct Operation Garikai/Hlanani Kuhle in a transparent and accountable manner will limit its effectiveness in meeting the diverse needs of Zimbabweans. This would lead to a further failure by the government to meet its international obligations.

The government still faces serious challenges in the implementation of the programme, including lack of resources, insufficient coordination and a failure to seek and receive assistance from the international community. Both state and private media have reported high levels of corruption in the allocation of stands and housing. SAHRIT calls on the government of Zimbabwe to engage in dialogue on the implementation of Operation Garikai/Hlalani Kuhle, especially with civil society and international organisations.

We also note and emphasise the obligation of the government to ensure priority to the realisation of the rights of vulnerable groups in the implementation of the housing policy. SAHRIT reiterates that it is not sufficient for a government to have a plan for the progressive realisation of a protected right if such plan does not have provision for the immediate needs for the most vulnerable in society. With reference therefore to individuals who were directly affected by Operation Restore Order it is the obligation of the government of Zimbabwe to ensure that such individuals receive priority in the implementation of Operation Garikai/Hlalani Kuhle.

SAHRIT acknowledges the announcement in March 2006 by the government of Zimbabwe of its intention to set up a National Human Rights Commission. In this regard SAHRIT extends its congratulations to the government of Zimbabwe. However, SAHRIT calls on the government of Zimbabwe to ensure that the proposed Human Rights Commission be fully independent and effective. SAHRIT therefore recommends that the proposed Human Rights Commission be established in accordance with the Principles relating to the Status and Functioning of National Institutions for the Protection and Promotion of Human Rights (also known as the Paris Principles).

SAHRIT especially enjoins the government of Zimbabwe to ensure the following principles: independence and impartiality; sufficiently clear and broad constitutional and legislative basis for full functionality; diversity of membership; credible procedures for the appointment and removal of members; an independent budget that meets the needs of the Commission; and a wide mandate to deal with all human rights issues in Zimbabwe. SAHRIT urges the government of Zimbabwe to ensure that the Human Rights Commission’s mandate extends to both civil and political rights and economic, social and cultural rights.

Swaziland
SAHRIT notes with concern the alleged general application and perpetuation of torture by police and other state agencies. In one specific case torture was alleged to have been the cause of death of a young woman detainee, who died shortly after her release from police custody. International and regional law is explicit regarding the total prohibition against torture. The government of the Kingdom of Swaziland has the international obligation to ensure that torture does not reoccur within its territories and to investigate and, if necessary, prosecute police officers accused of perpetrating torture.

SAHRIT is encouraged by the recent awarding by the High Court of Swaziland of compensation to a torture victim in Swaziland, who was tortured in police custody. However, civil remedies to victims of torture do not suffice to meet the international obligations of the state because civil remedies do not constitute a sufficient disincentive to the perpetrators of torture. The government of Swaziland is therefore obliged under international and regional law to investigate and prosecute all police officers accused of perpetuating torture. We therefore urge the government of Swaziland to take measures to ensure that those responsible in this case are punished.

SAHRIT is further concerned about the continued limits to political participation under the laws of Swaziland. Specifically SAHRIT is concerned by the continued restrictions on the founding and operation of political parties and limits placed on civil society and labour movements. The right to political participation is protected under the African Charter and the limits placed on political participation in Swaziland appear to violate this protection. SAHRIT therefore urges the government of Swaziland to ensure the rights to political participation, association and assembly. We urge the government of Swaziland to make a determined effort to promote and protect freedom of expression, amongst other fundamental rights in Swaziland.

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