General Kofi Annan has accepted an invitation by President Mugabe to visit Zimbabwe
and assess the conditions although it is not clear when the visit will take place.144
Attempts by African governments and the AU to resolve Zimbabwe’s human rights
crisis have so far yielded little. The government of Zimbabwe refused to accept the AU
appointment of former president Joachim Chissano as an envoy to broker talks between
the ruling party and the opposition MDC, claiming that such talks would not be taking
place.145 In addition, the commendable effort by the Chairperson of the African Union
Commission, Alpha Oumar Konare to appoint a special envoy to investigate the
evictions was blocked by the Zimbabwe government, which refused to grant the envoy
permission to do so, until he was forced to leave the country on July 7.146 The
Zimbabwe government claimed that the African Commission had failed to follow
protocol in sending the envoy to investigate the evictions.147 The African Union has yet
to respond to the government’s actions. The Southern African Development
Community also failed to discuss Zimbabwe at its annual summit on August 17.148
Zimbabwe has not signed on for peer review at the level of the African Union, making it
difficult to initiate any discussion on its human rights record.
As this report has documented, the unlawful manner in which the evictions were carried
out, necessitates an independent investigation into how the evictions took place. This
can only be done through the establishment of an international commission of inquiry to
identify who at the highest levels was responsible for planning and executing the
evictions.
Zimbabwe’s Obligations under International Law
Evictions conducted by a state can give rise to serious human rights violations. This is
particularly true when they are carried out by force or without procedural guarantees.
Zimbabwe acceded to the International Covenant on Economic, Social and Cultural
Rights (ICESCR) in May 1991 and is bound by its provisions. Zimbabwe also ratified the
African Charter on Human and Peoples’ Rights in 1986. The Charter does not
specifically provide for protection against forced evictions, but has extensive provisions
144
Mail and Guardian Online “Kofi Annan to visit Zimbabwe,” July 25, 2005.
145
VOA news online, “Zimbabwe officials rule out talks with opposition,” August 16, 2005.
146
African Union news update, June 29, 2005.
See Amnesty International Press release, “Zimbabwe: Government must not be allowed to silence African
Union,” July 8, 2005.
147
148
Financial Gazette, “SADC reluctant to ruffle Mugabe’s feathers,” August 25, 2005.
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