10. Analysis of Violations of Human Rights and Application to Findings
10.1
Political rights
Section 67 (2) of the Constitution guarantees each person the right to join and to
participate in the activities of a political party or organisation of their choice and also to
campaign freely and peacefully for a political party or cause. From the facts and findings
there was reciprocal violation of political rights by both complainants and respondents.
They felt threatened by the political activities of the other hence the use of violence as a
tool for intimidation.
10.2 Equality and non-discrimination
Section 56 (1) of the Constitution provides for equality before the law and the right to
equal protection and benefit of the law. When reports were made to the Police about the
inter-party violence, the law enforcement agency conducted its investigations and made
arrests on both sides without consideration of the political party they belonged to.
10.3 Rights of internally displaced persons (IDPs)
According to the Guiding Principles on Internal Displacement, internally displaced
persons (also known as "IDPs") are "persons or groups of persons who have been forced
or obliged to flee or to leave their homes or places of habitual residence, in particular as
a result of or in order to avoid the effects of armed conflict, situations of generalized
violence, violations of human rights or natural or human-made disasters, and who have
not crossed an internationally recognized border."
The Guiding Principles on Rights of Internally Displaced Persons note that arbitrary
displacement in the first instance is prohibited (Principles 5-7). Once persons have been
displaced, they retain a broad range of economic, social, cultural, civil and political rights,
including the right to basic humanitarian assistance (such as food, medicine, shelter), the
right to be protected from physical violence, the right to education, freedom of movement
and residence, political rights such as the right to participate in public affairs and the right
to participate in economic activities (Principles 10-23). Displaced persons also have the
right to assistance from competent authorities in voluntary, dignified and safe return,
Page 11 of 13