Zimbabwe: No justice for the victims of forced evictions 27 Social and Cultural Rights, “the fact that the realization of the right to work is progressive and takes place over a period of time should not be interpreted as depriving States parties’ obligations of all meaningful content. It means that States parties have a specific obligations ‘to move as expeditiously and effectively as possible’ towards the full realisation of article 6.”72 Amnesty International believes that the indiscriminate destruction of informal livelihoods under Operation Murambatsvina and the inadequacy of the government’s response under Operation Garikai/Hlalani Kuhle constitute a violation of the right to work.73 Given the absence of alternative sources of employment or income the government has an obligation to protect existing access to livelihoods, particularly in light of the fact that the destruction of informal livelihoods also has serious implications for the enjoyment of a wide range of other economic and social rights including the rights to an adequate standard of living, health and education. Amnesty International found no evidence that the government of Zimbabwe had considered the serious human rights impacts of the destruction of informal livelihoods under Operation Murambatsvina. Nor has the government acted to uphold its human rights obligations in the implementation of Operation Garikai/Hlalani Kuhle. On the contrary the government continues to authorise police harassment of informal vendors and traders and has imposed onerous obstacles to the exercise of the right to work which Amnesty International considers are not legitimate, proportionate or necessary, including requirements for fingerprinting and the imposition of high fees for licences. Any efforts to regulate the informal sector should not result in human rights violations. Moreover, the reports of apparent discrimination in the allocation of stands to vendors based on political affiliation violates the government’s immediate obligation to guarantee the right to work “without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status” (article 2.2 of ICESCR). Recommendations Amnesty International is concerned by the scale and the scope all of the violations of human rights discussed in the preceding sections. In Amnesty International’s view these violations stem from the consistent failure of the government of Zimbabwe to respect the fundamental rights of the people of Zimbabwe. The following recommendations include actions which should be taken promptly. In particular forced evictions must be immediately halted and emergency shelter provided to those still living in the open more than a year after being forcibly evicted. Other recommendations should be accomplished by swift action to devise and implement a human rights-based housing policy which addresses the rights of all Operation Murambatsvina victims. 72 73 See CESCR, General Comment No 18, paragraph 20. See CESCR, General Comment No 18, paragraph 21. Amnesty International 8 September 2006 AI Index: AFR 46/005/2006