An in-depth Study on the impacts of Operation Murambatsvina
irresponsibility of a government taking such risks with public health in a situation of a
massive epidemic beggars belief.
5.3
Legal issues
Our data do not support in any way the claims of the Zimbabwe Government that they were
dealing with criminals or illegal dwellers. Rather our data suggest that these were substantial
people, living with the acknowledgement and acceptance of the authorities, and conducting
their livelihoods within the highly adverse economic climate of current Zimbabwe. These
were not shanty-town dwellers, but people whose rights have been trampled upon. The
prima facie evidence suggests that their rights, both personal and material, have been
trampled upon, which therefore calls for redress and compensation.
5.4
Losses
The losses experienced by those affected under Operation Murambatsvina are clearly not trivial,
but it is also very difficult to be clear about the overall extent of the losses. On our data,
there have been substantial losses incurred, and these will clearly affect peoples’ ability to
take care of themselves and their families, with the most severe consequences being for
those groups seen as particularly vulnerable. Furthermore, those who have experienced
losses may well lose the right to claims for damages.
Overall, this survey has extended our previous understanding about the effects of Operation
Murambatsvina, and can only increase concerns for the welfare of those affected. Our findings
indicate the multiple ways in which people have been adversely affected, and, if there was
any doubt about Zimbabwe being a “complex emergency” prior to 18 May 2005, that doubt
has been removed by the Zimbabwe Government’s callous exercise which it labelled
Operation Murambatsvina.
In carrying out Operation Murambatsvina the Government of Zimbabwe has not only failed
to provide for the physical and livelihood security of its citizens, the essential duty of
government, but has knowingly itself undertaken a campaign which has destroyed
livelihoods and jeopardized the physical wellbeing of hundreds of thousands of its citizens:
the Zimbabwe Government has failed in its ‘Responsibility to Protect’ and the international
community must therefore intervene to prevent further harm to the ordinary people of
Zimbabwe and to provide the humanitarian and other assistance that these people
desperately need.
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