concern. Caledonia Farm was occupied by war veterans15 who had established housing cooperatives in the aftermath of Zimbabwe’s controversial land reform programme. Some of the war veterans told the Porta Farm residents that they did not want them at Caledonia and would not accept them there. The community was subsequently told it was to be split up and families sent to a number of different farms around Harare, to join existing housing cooperatives. However, when Porta Farm residents went to see the housing cooperatives they were refused membership. In at least one case Porta Farm residents were told by war veterans that they could come to the housing cooperative as employees – not as members. The 15 August deadline passed with no evictions, and the community was unsure what to expect next. They lived in a state of considerable tension, heightened by the presence of war veterans and members of the ruling party youth militia, who had started visiting Porta Farm and threatening the residents. In an affidavit Felistus Chinyuku, the Chairwoman of the Porta Farm residents’ committee (a group elected by community members), stated: “[The war veterans and youth militia] …started threatening us that we should move or face the consequences. They said they would evict us as directed by [the Minister of Local Government]. They said they were doing so on the instructions of [the Minister of Local Government]. They further said that their mandate was simply to remove us from Porta Farm. They did not care where they would take us.”16 Then, on 27 August 2004, police accompanied by war veterans and ruling party youth arrived at Porta Farm and told the community that they had to move immediately. The police tried to force people into vehicles. Many people refused to leave Porta Farm as they had no idea where the police intended to take them. However, several families were taken by police to farms around Harare. Some of these families subsequently returned to Porta Farm and complained of having been forced to work for war veterans at the Cooperatives. Fearing further attempts at forced eviction, the residents of Porta Farm returned to the High Court with the assistance of ZLHR and, on 31 August 2004, they obtained another court order - this time prohibiting the Minister of Local Government, Public Works and National Housing or anyone acting on his behalf from evicting people from Porta Farm unless and until the government offered them suitable alternative accommodation. 17 This court order remains operative. Despite the June 1995 and August 2004 court orders, on 2 September 2004, riot police and members of the youth militia descended on Porta Farm and attempted to forcibly evict the residents. Police officers ignored the residents’ protestations that they had a court order prohibiting the eviction. When the community tried to prevent the police from demolishing their homes the situation became chaotic. During what witnesses described as “running battles” with the police, several residents and at least one police officer were injured and the police began firing tear gas. More than 50 tear gas canisters were subsequently recovered from the scene by human rights activists.18 According to eye-witness testimony, the police fired tear gas directly into the homes of some Porta Farm residents. Firing tear gas into a confined space is contrary to international human rights standards on the use of force by law enforcement officials due to the danger posed to those exposed. In the following hours, days and weeks at least 11 people died, Many veterans of Zimbabwe’s war of liberation became involved in the government’s controversial land reform programme and were implicated in violent farm invasions and politically motivated human rights abuses. However, not all of those dubbed “war veterans” in the context of the land reform programme fought in the liberation war and not all war veterans became involved in the land reform programme and associated violence. In the aftermath of the land reform programme groups of war veterans were given farms on which they established housing cooperatives. See Amnesty International reports from 2000 onwards at: http://web.amnesty.org/library/engzwe/index for further information. 16 Founding Affidavit of Felistus Chinyuku in case number HC 10671/04 the matter between Felistus Chinyuku and others and the Minister of Local Government, Public Works and National Housing, 27 August 2004, paras 19 and 20. 17 Case No. HC 10671/04. 18 Amnesty International has video and still pictures of the tear gas canisters recovered from Porta Farm. 15