already living in congested accommodation. Many of those who lost their livelihoods
depend on well-wishers for cash or other entitlements, since most don‘t have any money at
all to buy food.‖
9
Statement of Representative of the UN Secretary-General on the Human Rights of Internally
Displaced Persons
The Representative of the UN Secretary-General on the Human Rights of Internally Displaced Persons,
Professor Walter Kälin has issued a statement on Operation Murambatsvina in which he said this:
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"The Zimbabwean Government's action is incompatible with international law in many respects.
The UN's Guiding Principles on Internal Displacement set forth the rights of internally displaced
persons under international law and the obligations of States. These Principles are based upon
and reflect human rights obligations also accepted by Zimbabwe. They protect against arbitrary
displacement in the first place and require due process, adequate notice, appropriate relocation
and minimisation of adverse effects. They also require appropriate provision of the necessities of
life to displaced persons, protection of their property, as well as offer voluntary choices to
displaced persons as to where they will return. On each and every of these points, the
Government of Zimbabwe has fallen far short of its obligations".
Responsibility for Operation
In her report, the UN Special Envoy correctly observes that the ―Government of Zimbabwe is collectively
responsible for what has happened‖. The campaign was carried out in the name of the Government, and
at no stage did the Government dissociate itself from the campaign, or try to put a stop to it. On the
contrary, various the State President and various Government Ministers, as well as ruling party Members
of Parliament , vigorously supported the programme and advanced justifications for it. The Special Envoy,
however, points out that there was apparently no collective government decision to undertake this
Operation.
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She observes at p 76:
“Oral evidence heard from senior Government officials, including Ministers, as well as
subsequent reports in the local press and discussions in the Parliament of Zimbabwe,
suggest that Operation Restore Order was neither conceived collectively in the Cabinet,
nor in the ruling party‘s (ZANU PF) Politburo and Central Committee. It also appears that
there is now a division in Zimbabwe‘s political leadership over Operation Restore Order,
and that some of the leaders were caught by surprise when it was suddenly initiated as a
police and military exercise. While the team was in Zimbabwe, one political leader, Mr.
Pearson Mbalekwa, resigned in protest at the Operation from both the Parliament of
Zimbabwe and ZANU-PF‘s Central Committee. Some senior ZANU-PF politicians were
also reported to have expressed directly to President Mugabe their concern and
objections to the manner in which the clean-up of cities was being conducted. It has also
been reported in the press that the Minister of Local Government had written to the
Minister of Home Affairs, under whose portfolio the Zimbabwe Republic Police falls,
urging him to stop demolishing houses belonging to several cooperatives that had been
established with the blessing of the Ministry of Local Government, and were, therefore,
‗legal‘.‖