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ZLHR disturbed by continued destruction of shelter and non-provision of housing for the victims of Operation Murambatsvina
Zimbabwe Lawyers for Human Rights (ZLHR)
May 19, 2006

Zimbabwe Lawyers for Human Rights (ZLHR) notes with concern the destruction of structures coupled with non-allocation of stands and housing to victims of Operation Murambatsvina. This concern is much increased as such awareness comes on the eve of first commemoration of Operation Murambatsvina.

The Zimbabwe Republic Police destroyed structures belonging to homeless persons living along the banks of the Mucheke river in Masvingo shortly after the easter holiday. These are persons who had started living there after having been displaced by Operation Murambatsvina. The police cited President Robert Mugabe's Independence Day speech as the motivation for their conduct. It is an utmost disregard of the dignity of persons already displaced by Operation Murambatsvina that they have yet again been chased away by the Zimbabwe Republic Police. At the beginning of May 2006, City of Harare officials ordered residents of plots near Glen View 7 to destroy structures there which had housed several workers together with family members for decades.

In none of these circumstances were the persons given any other place to go and reside. In the latter, they flocked to the nearby Hopley farm as they had no choice.

Of extreme concern is that as a year has gone by and another winter season appears, persons affected by Operation Murambatsvina continue to be homeless. In this context, Zimbabwe Lawyers for Human rights wishes to draw attention to the process of allocation of stands throughout Harare, with particular reference to Hopley farm. Stands continue to be given to senior council officials while the victims of the Operation continue to reside in shacks far worse than their homes which were destroyed; completed housing has been even more unavailable for the victims of the Operation. Indeed, the City of Harare is currently in the process of allocating 'stands' at Hopley farm and it will be noted that the major recipients have been 'staff' officials, to the prejudice of persons thereat in shacks who continue to face the winter season in shacks.

Zimbabwe Lawyers for Human Rights therefore notes that the continued destruction and continued failure to provide housing for the swelling populace of the homeless are gross violation of human rights. Indeed, an endless plethora of international instruments protects the right to shelter. This right carries with it a duty upon the authorities to respect this right; which entails non- destruction of people's housing unless there is agreement with the persons concerned and provision of acceptable alternative accommodation. Such destruction in fact amounts to inhuman and degrading treatment. Further to this is the duty to protect the right to shelter of people from interference by other parties. This is sadly and seriously contravened when central government and local authorities connive to oppress the right to shelter rather than take measures to protect it from threats by other persons. Further is the duty to fulfil this right. This entails that the authorities make genuine efforts to ensure reasonable shelter for the populace. The current situation where there is hardly any realistic effort to provide housing for the suffering masses and the little that is there is taken away by officials in the same authorities is a wholesale abrogation of this duty. Finally is the duty to promote the right to shelter. The current conduct of the authorities is completely adverse to any such duty and the authorities have clearly made no effort in terms of policy and legislative initiatives to have this right respected.

Zimbabwe Lawyers for Human Rights is seriously disturbed by the extreme extent of deprivation and suffering that has fallen upon the victims of Operation Murambatsvina and to note the clearly long-term nature of this catastrophe unless urgent steps are taken to solve this crisis. Of further concern is the downstream effect of the conduct of the authorities on other rights of the affected persons such as the right to education, the right to health, the right to freedom from inhuman and degrading treatment as well as effects on the social fabric of these deprived and molested communities. In the circumstances, ZLHR calls upon the authorities to urgently take the following measures:

• immediately cease further evictions and destruction of structures being used as shelter by any communities in the country and respect the human rights of all persons without exception as noted in the Constitution and under international law, with reference to the Guiding Principles on Internally Displaced Persons;
• to be guided by the provisions of the Guiding Principles of Internally Displaced Persons and thus refrain from displacement of persons without their informed consent, participation in the decision, certainty as to the issues and due process;
• urgently look into the allocation of land resources and ensure that the vulnerable become the beneficiaries of any programmes for provision of housing;
• come up with a comprehensive and accountable legislative and policy framework targeted at the provision of housing and as such ensure that the right to housing is fulfilled;
• to ensure that there is security of tenure for the vulnerable persons to be recipients of any stands and housing so that they are insulated from further insecurity;
• authorities should take a human rights sensitive approach to the issue of persons earning a livelihood by vending and solve the crisis without attempting to blame the citizenry who are the victims of a situation which is beyond their control.
  

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