Commissions Watch 2 August 2018 [ZHRC report on Tokwe-Mukosi Floods 23 March 2017]
this bulletin for a note on the Convention]. The report also found that the Chingwizi disaster
was man-made – “The flooding and subsequent emergency evacuation was clearly caused by a
government-planned dam construction project” reads the report.
Highlights of the Report
The Commission’s report draws attention to human rights issues emanating from the disaster
and raises legitimate concerns about access to adequate housing and basic health services, as
well as the well-being and safety of the internally displaced persons. Initial government
statistics estimated that “at least 2 700 families with an average size of 4,5 people per
household” were transferred to Chingwizi relocation site. It later emerged that it was possible
that about 6 393 families had been affected by the floods and moved to safety.
The Right to Land and The Right to Secure Livelihoods Chingwizi Relocation Site is situated in
Nuanetsi Ranch in Mwenezi District, an area that receives very little rainfall and is only suitable
for rearing livestock and drought resistant crop farming. Not having access to arable land
affects, in a huge way, the Chingwizi residents’ ability to fend for themselves, leaving them at
the mercy of government and donor hand-outs, which for the most part are insufficient.
Promises from the government to provide land suitable for farming remained unfulfilled, and
the farming season came and went with no land being allocated. In addition to having to settle
in an infertile area, Chingiwizi residents were apportioned inadequate hectarage for their plots
during the initial resettlement phase; each family was allocated 4 hectares. However, as the
resettlement process progressed, families that had earlier been allocated 4 hectares of land
were required to share the 4 hectares with three other families. Ultimately, each family was
allocated a 1 hectare plot, a considerable downsize from the 5 hectare plots that they lived on
before the floods. The report also notes with concern that “the authorities were neither clear
nor consistent on the resettlement model they were adopting for Chingwizi”.
The Right to Adequate and Decent Shelter The report points out that a “significant proportion
(50%) of the respondent households exceeded 6 persons per household” yet each household
was allocated one tent, with no regard to the size of the family and culturally accepted norms.
Also, the tents provided were of substandard quality and were unsuitable as they did not
adequately protect the Chingwizi residents from the elements. In an attempt to address the
problem, some residents erected basic pole and dagga shelters. In its report, the Commission
recommended that the government should “facilitate the provision of adequate temporary
durable shelter for the IDPs taking into account their family sizes”, and that in the long term
decent permanent shelter should be provided.
Right to education According to the Kampala Convention, the right to education must still be
upheld in cases of internal displacement. A total of four schools were established at Chingwizi;
three primary schools and one secondary school. Through BEAM (Basic Education Assistance
Module) those living at the Chingwizi Relocation Site would have access to free education from
2014 to 2015.
However, the report notes that the provisional structures erected were
inadequate and the schools were also under-resourced and unable to meets the needs of the
pupils. Because the entire relocation site, which spans a distance of about 35km, only has one
secondary school, pupils walked long distances to attend class. Also, the relocation site did not
have any Early Childhood Development facilities.
The Right to Compensation The right to compensation emerged as the most important issue
among the flood victims. More than half of the participants interviewed during the site visit
identified compensation as their first priority, ahead of shelter, food, health and education.
This is hardly surprising as the floods resulted in significant losses for those affected. Timely