African Charter on Human and Peoples’ Rights109. The Government of Zimbabwe also has a duty to fulfil its obligations under the International Covenant on Economic, Social and Cultural Rights, which Zimbabwe ratified on 13th May 1991. General Comment Numbers 4 (13 th December 1991) and Number 7 (20th May 1997) of the United Nations Committee on Economic, Social and Cultural Rights state that, “forced evictions are prima facie incompatible with the provisions of the Covenant and can only be carried out under specific circumstances”. As a member of the United Nations Commission on Human Rights, Zimbabwe committed itself to advocating for the respect and implementation of key Resolutions on Forced Evictions passed in 1993 (Resolution 1993/77), 1998 (Resolution 1998/9, and 2004 (Resolution 2004/28). The foremost statement of international law relating to housing rights is found in the International Covenant on Economic, Social and Cultural Rights which states in Article 11(1) that: “The State parties to the present Covenant recognise the right of every one to an adequate standard of living for himself [herself] and his [her] 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 realisation of this right, recognising to this effect the essential importance to international cooperation based on free consent.”110 The compliance with international law is treated as part of Section 6.4. 6.3 National and Domestic Legal Framework111 6.3.1 Relevant National Laws There are three main pieces of legislation in Zimbabwe relevant to the legal analysis of Operation Restore Order. These are the Regional Town and Country Planning Act 1976 [Chapter 29:12] (“Planning Act”); the Housing Standards Control Act 1972: Chapter 29:08; the Urban Councils Act: Chapter 29:15/ 1995; and several other municipal bylaws. The mission determined that although there were several legal instruments regulating use of buildings, structures and business activity, including in some cases clear procedures concerning violations, that could have been used by the government to justify the Operation, the Planning Act seems, however, to be the only one invoked through an enforcement order as the basis for the demolitions. 6.3.2 The Regional Town and Country Planning Act Chapter 29:12/ 1976 In instances where it is alleged that people have built structures without the prerequisite consent of the relevant authority, it is necessary for due process of the law to be followed. In terms of Section 32 of the Planning Act, it is necessary for the authorities to issue a prohibition order giving 30 days notice. The authority can also issue a prohibition order in terms of Section 34 of the Planning Act. If the order is not complied with, the authority has to take the requisite legal steps to destroy the offending structure. The person who has erected the unlawful structure has an opportunity to make presentations, and also has time to take steps to either regularise their position or find an alternative place to reside in or operate from. Similar provisions are provided 109 African Charter on Human and Peoples’ Rights Article. 14 provides that “the right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws. See also Articles 15, 16, & 18 110 International Covenant on Economic, Social and Cultural Rights, G.A. res. 2200A (XXI), Entered into force 3 Jan. 1976, Emphasis added. 111 For general discussions of the national legal framework see submissions of the Law Society of Zimbabwe 6 July 2005, Actionaid Zimbabwe, 8 July 2005, and Zimbabwe Lawyers for Human Rights, June 2005 57