Commissions Watch 1/2017
Zimbabwe Human Rights Commission:
Press Statement on Floods
31 Jan
environment that is not harmful to their health and wellbeing. International
law recognizes that environmental degradation results in the violation of
human rights such as the right to life and the right to health. These rights
are protected by a number of human rights instruments which Zimbabwe is
party to. Article 24 of the African Charter on Human and Peoples’ Rights
provides that
‘[a]ll peoples shall have the right to a general satisfactory
environment favourable to their development’.
The ZHRC notes with concern that Local Authorities are not adhering to
section 168 of the Urban Councils Act [Chapter 29:15] and sections 57 to 59
of the Environmental Management Act [Chapter 20:27] that compel them to
work on the construction and maintenance of proper sewage and drainage
systems. This has resulted in blockage of the urban drainage systems and
overflowing of effluents worsened by the current rains. Burst sewer pipes,
and overflowing effluent resulting in unsafe water and poor sanitation are an
affront to the enjoyment of the rights to a safe environment and to health by
residents. In Harare, uncollected refuse has become breeding ground for
disease.
The ZHRC notes, in particular, the reported cases of typhoid in Harare’s
Mbare, Budiriro and Glen View suburbs amongst others· This has further
compounded the infringement of the citizens’ rights to a clean and healthy
environment that is not harmful to their health; infringement on the right to
health in turn infringes on the citizens’ right to life.
ZHRC also notes with regret the continued unplanned allocation of
residential stands by local government authorities and illegal allocations by
land barons. Consequently houses and other structures have been built on
unsuitable land (like wetlands) leading to the current flooding and loss of
properties.
In view of the above the ZHRC recommends the following;
(a)
(b)
Local Authorities should adhere to and respect the Constitution of
Zimbabwe, the Urban Councils Act, Environment Management Act
and International Treaties on the Environment in the discharge of
their duties in order to protect the rights of citizens including
environmental and health rights;
Local authorities are urged to attend to the service delivery issues
that can help alleviate the current situation, but also ensure
continuous, effective and holistic service delivery and planning to
avert similar challenges in future. Dealing with the issue of vendors