Commissions Watch 4/2017 Human Rights Commission Report: on 2014 Tsholotsho Flooding 22 June In assessing the flood situation in Tsholotsho, the Commissioners were guided by the constitutional, legislative and policy framework, as well as the regional and international legal framework. Constitutional provisions The report lists the following provisions of the Constitution as being of importance: sections 71, 73, 75, 76, 77, 80, 81, 82 and 292. These basically enshrine fundamental and basic rights such as property rights, environmental rights, and the rights to education, health care, food and water, the rights of women, children, the elderly, and security of tenure for occupiers of agricultural land, respectively. Regional and international legal framework The report lists the following instruments— • African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (the “Kampala Convention”) of 2009 – singling out Articles 4, 5, 6 and 9 [full text available on Veritas website link] • UN Guiding Principles on Internal Displacement (1998) – particularly Principles 5, 9, 16(3), 18, and 19(2) [full text available on Veritas website link]. Key findings The findings by the Commissioners revealed that the impact of the floods differed from household to household. However, basically households were affected in the following ways— • some households were totally destroyed, as well as their crops that were at tasselling stage. • some had temporary shelters. • some families were in the open with blankets only. • some houses had big cracks that were in threat of total destruction in future floods. • some had houses that were not affected at all by the floods. The report commends the State for averting loss of lives by availing helicopters from the Zimbabwe Defence Forces to rescue affected people during the flood. Also commended are the different Government Ministries, the District Civil Protection Unit, Civil Society Organisations, Faith Based Organisations, private individuals and entities who assisted the affected victims in various ways such as providing temporary shelter, blankets, clothes and basic building materials.

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