General Comment 4 of the United Nations Committee on Economic, Social and
Cultural Rights2 prescribes that when interpreting the right to adequate housing
certain aspects of the right must be taken into account in any particular context.
These are legal and security of tenure, availability of services, affordability,
habitability, accessibility, and cultural adequacy which should form the normative
content of the right.
6.1.1
The Zimbabwe Republic Police and the Ministry of Lands and Rural
Resettlement violated the right to freedom from arbitrary eviction by evicting Arnold
farm residents without a court order and without suitable alternative land for
relocation. As prescribed by General Comment 4, alternative land must be
endowed with security of tenure, availability of services, mainly social amenities
and habitable and accessible among other things.
6.1.2 The complainants were evicted and had their homes demolished during the
rainy season thus worsening their situation. This exposed women, children, the
sick and the elderly to the unfavourable weather conditions and hindered children
from accessing school thus violating their right to education. Economic, social and
cultural rights are intertwined, thus an affront to the right to shelter negatively
impacts on the right to life. A certain complainant and his wife were heavily
assaulted and had to be hospitalised for some time. The excessive force used on
them by the police was not necessary. It is important to note that none of the
community members retaliated. All what the complainant cited above did was to
ask why the “police” had burnt his house and why they were assaulting his wife.
After the assault, the couple was arrested and the ZHRC sought the assistance of
the Zimbabwe Lawyers for Human Rights. They were assisted with bail
applications and access to medical services at a private hospital. Upon their
recovery they were placed in a protective shelter where they fully recuperated. The
ZLHR has stated that the matter would proceed by way of summons due to the
unavailability of state witnesses. The demolitions have continued to date as was
2
General Comment 4 on The right to adequate housing adopted at the Sixth Session of the Committee on
Economic, Social and Cultural rights on 13 December 1991 E/1992/23
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