Commissions Watch 2 August 2018 [ZHRC report on Tokwe-Mukosi Floods 23 March 2017] and adequate compensation is the cornerstone of the right to compensation. According to the report, $9 million was needed to provide full compensation, yet at the time that the report was published only $2 million was in the pipeline to be released, and the $2 million was already six “Ideally, the government should have compensated and properly relocated affected families prior to commencement of the construction” the Commission said in its report. The report recommends that “the State should expedite the process of providing just and fair compensation” and also ensure that the “information on the assessment of homes and the criteria used to evaluate lost property should also be shared with the affected IDPs.” months late. The Right to Water and Sanitation Safe, clean water and basic sanitation are essential. Sustainable access thereto is equally important. The absence of clean, potable water at Chingwizi Relocation Site was raised as a concern by the Commission. The Commission’s report reveals that water sources were inadequate and inaccessible, with residents having to walk as far as 5km to access water. According to the report, the majority of households at the relocation site did not have proper ablution facilities, forcing the residents to relieve themselves in the open. Note on the Kampala Convention Why “Kampala” Convention? The Convention is commonly referred to as the Kampala Convention because it was adopted at an AU Summit in Kampala, Uganda, on 23rd October 2009. The Summit was a special summit held for the purpose of adopting the African Union Convention for the Protection and Assistance for the Internally Displaced Persons in Africa [full text of Convention available on Veritas website here]. Signature and ratification by Zimbabwe President Mugabe signed the Convention on behalf of Zimbabwe at the Kampala Summit on 23rd October 2009. Parliament approved it in May 2013 and Zimbabwe’s instrument of ratification was deposited with the AU on 7th November 2013, making Zimbabwe a State party to the Convention with effect from that date. For the first fifteen States who had previously ratified it, the Convention had already come into force on 6th December 2012. Status of the Convention in Zimbabwe The Convention as such does not form part of the law of Zimbabwe because it has not yet been “domesticated” [incorporated into the law of Zimbabwe through an Act of Parliament]. Nevertheless— - Parliament’s approval of the Convention means that Zimbabwe is bound by the terms of the Convention under international law, and has been has so bound since the deposit of its Instrument of Ratification in November 2013 [Constitution, section 327(2)]. - Even without domestication, whenever Zimbabwean legislation is applied, any reasonable interpretation that is consistent with the Convention must be adopted in preference to an interpretation that is inconsistent with it [Constitution, section 327(6)]. Is domestication of the Convention necessary? Yes. Zimbabwe is obliged to pass an Act of Parliament domesticating the Convention. That is one of the obligations accepted by every State Party to the Convention [Article 3.2.a]. It is also an obligation imposed by section 34 of our own Constitution— “34 Domestication of international instruments The State must ensure that all international conventions, treaties and agreements to which Zimbabwe is a party are incorporated into domestic law.”

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