b.
On Accountability and Legal Issues
Recommendation 5: The Government of Zimbabwe is collectively responsible for what has
happened. However, it appears that there was no collective decision-making with respect to both
the conception and implementation of Operation Restore Order. Evidence suggests it was based
on improper advice by a few architects of the operation. The people and Government of
Zimbabwe should hold to account those responsible for the injury caused by the Operation.
Recommendation 6: The Government of Zimbabwe should set a good example and adhere to the
rule of law before it can credibly ask its citizens to do the same. Operation Restore Order
breached both national and international human rights law provisions guiding evictions, thereby
precipitating a humanitarian crisis. The Government of Zimbabwe should pay compensation
where it is due for those whose property was unlawfully destroyed.
Recommendation 7: The wrecking of the informal sector by Operation Restore Order will have
detrimental effects at a time that the economy remains in serious difficulties. Apart from
drastically increasing unemployment, the Operation will have a knock-on effect on the formal
economy including agriculture. The Government of Zimbabwe has to undertake corrective policy
reforms in macro-economic management and governance issues, focusing on land reform and
land tenure with a view to provide secure tenure for the poor both in rural and urban areas.
Recommendation 8: The Government of Zimbabwe should grant full citizenship to those former
migrant workers and their descendants who have no such legal status.
B.
Recommendations for the United Nations and the International Community
Recommendation 9: Operation Restore Order has precipitated a humanitarian crisis of immense
proportions. In an apparent response, the Government of Zimbabwe has launched a counter
programme, Operation Garikai (Rebuilding and Reconstruction). The Government itself, even
with the best efforts, has limited capacity to fully address the needs of the affected population
without the assistance of the international community. The United Nations should therefore work
with the Government of Zimbabwe to mobilize immediate assistance from the international
community to avert further suffering, and encourage the Government to create conditions for
sustainable relief and reconstruction for those affected.
Recommendation 10: The United Nations, working with the African Union and the Southern
African Development Community, at the highest levels, should assist the Government of
Zimbabwe to promote real internal dialogue among its various constituencies on the one hand,
and dialogue with the international community on the other hand, with a view to working out the
modalities of returning Zimbabwe into the international fold.
Recommendation 11: Although a case for crime against humanity under Article 7 of the Rome
Statute might be difficult to sustain, the Government of Zimbabwe clearly caused large sections
of its population serious suffering that must now be redressed with the assistance of the United
Nations and the broader international community. The international community should encourage
the Government to prosecute all those who orchestrated this catastrophe and those who may have
caused criminal negligence leading to alleged deaths, if so confirmed by an independent internal
inquiry/inquest. The international community should then continue to be engaged with human
rights concerns in Zimbabwe in consensus building political forums such as the UN Commission
on Human Rights, or its successor, the African Union Peer Review Mechanism, and in the
Southern African Development Community.
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