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. 38

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