clean-up operation, including destruction of legal businesses and homes paying taxes to local
authorities.
Under both relevant international law and national legislation forced evictions can be justified
under certain circumstances, viz: criminality; public health; public morality; and the rights of
others. The Government of Zimbabwe appears to be relying on some of the above to justify its
actions under international law. However, there is no indication that any of the procedural
requirements were complied with: consultations were not undertaken; notices were not given in
time if at all; information was not given on the proposed evictions; government officials or their
representatives were not present during the demolitions conducted brutally as a national police
and military exercise; the evictions took place during harsh weather; legal remedies were not
available; and evictions resulted in thousands of people being rendered homeless without being
provided viable alternatives.
There is general concern over the failure of the High Court to safeguard the right of the victims
of the Operation and that there has been a regrettable failure by members of the Bench to remain
independent from the national and local politics of the day.
With an estimated 700,000 people directly affected through loss of shelter and livelihoods, it has
been established that while willing, the ability of the government’s response to the crisis is
limited, and the international community has a responsibility to protect those affected. The impact
will not be easy to redress and requires immediate large-scale and unconditional humanitarian
assistance to protect those in need.
Several submissions received during the mission contend that the actions of the Government, in
forcibly uprooting hundreds of thousands of its citizens from their homes, meets the criteria of a
“crime against humanity”, as defined by Article 7 of the Rome Statute of the International
Criminal Court. A preliminary legal opinion suggests that with available evidence it would be
difficult to sustain that crimes against humanity were committed. In light of this the Special
Envoy believes an international debate on whether the statute of Rome could be successfully
invoked is bound to be acrimonious and protracted. It would serve only to distract the attention of
the international community from focusing on the humanitarian crisis facing the displaced who
need immediate assistance.
Nevertheless, it remains the strong recommendation of the Envoy that the culprits who have
caused this man-made disaster be brought to book under Zimbabwean national laws. The
international community would then continue to be engaged with the dismal human rights record
in Zimbabwe in consensus building political forums such as the UN High Commission for
Human Rights, or its successor, the African Union Peer Review Mechanism, and the SADC.
Other specific recommendations would include:
t.
The Government should make efforts to pay compensation to those whose properties and
homes were illegally destroyed, seized and auctioned off;
u. Deployment of monitors to observe compliance with human rights standards, and help
reassure communities or groups at risk of their safety and rights; and
v. The international community should engage with the Government to observe the rule of
law in all its future undertakings; and to reform its laws in order to ensure that the
minimum standards guaranteed in international conventions are conformed with, and to
eliminate the unrealistic high standards for housing development.
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