Zimbabwe Rule of Law Journal |151 which Zimbabwe is a party. This paper therefore examines the provisions of the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Universal Declaration of Human Rights, the African Charter on Human and People’s Rights (ACHPR), and how the provisions have been interpreted by international judicial bodies. Article 11 of the ICESR obligates State Parties to progressively realise people’s right to an adequate standard of living for themselves and their families, including adequate housing and the continuous improvement of living conditions. It is therefore discerned that adequate housing is a constituent element of the right to an adequate standard of living and that, conversely, where there is no adequate housing adequate standards of living are unattainable.28 ECOSOC, the treaty body charged with the implementation of the ICESCR, in its General Comment Number 4 stated that adequate housing envisaged in terms of Article 11(1) of the Covenant had elements including legal security of tenure; availability of services; materials and infrastructure; affordability; habitability; accessibility; location; and cultural adequacy. In the present discussion, reference will be made to the first element listed above, that is, legal security of tenure. In the words of the Committee, security of tenure; “… takes a variety of forms, including rental (public and private) accommodation, cooperative housing, lease, owner-occupation, emergency housing and informal settlements, including occupation of land or property. Notwithstanding the type of tenure, all persons should possess a degree of security of tenure which guarantees against forced eviction.”29 In this regard, it is submitted that arbitrary evictions are at face value a violation and breach of State Party`s obligations in terms of the Covenant. In General Comment Number 7, the Committee noted that; Article 11 ICESR “The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on 29 See ECOSOC General Comment No.4 para 8 28

Select target paragraph3

Add to table of contents