Statement from Zimbabwe Lawyers for Human Rights entitled Report of United Nations Special
Envoy Welcomed
Dated 27 July 2005
Zimbabwe Lawyers for Human Rights (ZLHR) welcomes the report of the UN Special Envoy on Human
Settlements Issues in Zimbabwe and considers it a vindication of the concerns raised by all right-minded
sectors of civil society against the unlawful conduct of the state authorities during the course of
Operation Murambatsvina and Operation Restore Order.
Mrs Anna Kajumulo Tibaijuka confirmed that the Operations had commenced without warning, were
carried out ―in an indiscriminate and unjustified manner, with indifference to human suffering‖
affected some 700 000 people (directly) and a further 2.4 million people (indirectly) around the country,
and precipitated ―a humanitarian crisis of immense proportions‖.
The Report concludes that the Government bears collective responsibility for actions which disregarded
several provisions of national and international law, and was “based on a set of colonial-era laws and
policies that were used as a tool of segregation and social exclusion‖. It recommends that those
responsible be brought to account and that reparations be made to those who have lost their property and
livelihoods.
In particular ZLHR notes and supports the following recommendations made by the UN Special Envoy:
That the government should immediately halt any further demolitions and create
conditions for sustainable relief and reconstruction
That the government should immediately revise the Regional Town and Country Planning
Act and other relevant statutes to ensure they conform to recognised international human
rights standards and do not negatively impact on economic, social and cultural rights of
those affected by their implementation
That the government bears collective responsibility for the violations that have occurred,
that they should bring to account those responsible for the violations suffered due to the
implementation of the Operations, and should pay compensation to those whose property
was unlawfully destroyed, seized and auctioned off
That the government ―should set a good example and adhere to the rule of law
before it can credibly ask its citizens to do the same‖
That monitors should be deployed to observe compliance with human rights standards
and reassure communities of the risk of their and rights
That Zimbabwe be engaged on its ―dismal human rights record‖ in political forums
such as the UN Human Rights Commission, the African Peer Review Mechanism and
SADC mechanisms.
What should be of particular concern to the government is the fact that the UN Special Envoy was forced
to consider whether the violations that occurred and continue to occur as a result of these Operations
constituted crimes against humanity. Although the conclusion reached was that it would be difficult to
sustain such an allegation at present, the fact that the state authorities have continued with the unlawful
actions despite conclusions from national and international bodies that the actions are illegal and should
be terminated immediately, may be sufficient to raise the threshold and meet the requirements necessary
for successful prosecution of officials for this crime under international law. ZLHR is considering this
matter seriously and will continue compiling evidence relating to such a crime.
ZLHR welcomes, although regrettably, the confirmation by the UN Special Envoy that there has been a
general deterioration of the rule of law in Zimbabwe and that the judicial system has been ―nonresponsive‖ in offering protection where violations have occurred or are occurring. This has been further
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