Right to freedom of movement and choice of residence
By compelling people to move to the rural areas against their wishes, Zimbabwe is
violating article 12 of the ICCPR which declares that everyone shall have “the right to
liberty of movement and freedom to choose his residence.” It is widely agreed that
incorporated in the freedom of residence is the right not to be moved. As noted by
article 12 (3), restrictions on the freedoms of movement and to choose residence are
permitted only when provided by law and for reasons of “national security, public order,
public health or morals, or the rights and freedoms of others.” Such restrictions must
narrowly be interpreted so as to not to “impair the essence of the right.”151 The
restrictions must be proportionate and suitable to achieve the lawful end intended, that
is, the protection of fundamental values such as the rights and freedoms of others.
Finally, the restrictions must also be consistent with other rights recognized by the
ICCPR.
Right to adequate housing
The right to housing is a fundamental component of the right to an adequate standard of
living and is vital to the enjoyment of other human rights.
Article 11.1 of the ICESCR calls on state parties to “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. State
parties will take appropriate steps to ensure the realization of this right.”
The right to adequate housing not only includes adequate privacy, space, security,
protection from the elements and threats to health, ventilation at a reasonable cost, but
also, among other things legal security of tenure—including protection against forced
eviction, harassment and threats.152
Security of tenure
A basic protection against forced eviction is for the state to take prompt steps to confer
legal security of tenure on people who lack such protection and, as soon as possible, to
develop legislation to prevent forced eviction in accordance with human rights
standards.
151
Human Rights Committee, General Comment 27 on freedom of movement. Para 13.
152
CESCR, General Comment 4, paras 7 and 8.
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