Relevant international and local laws
The fundamental right to human dignity, to shelter, to employment, to education and to health care are all
entrenched in a variety of international human rights instruments, to all of which Zimbabwe is a party. The main
instruments in which these rights are contained are the African Charter on Human and People’s Rights, the
Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights.
There can be no doubt that these fundamental rights were seriously violated during the implementation
of Operation Murambatsvina.
Some of the relevant provisions in the international instruments are these:
“Every individual shall have the right to the respect of the dignity inherent in a human
being.”[Article 5 of the African Charter]
“Everyone has the right to a reasonable standard of living which is necessary for the family’s health
and well-being. This includes adequate food, clothing, housing and medical care and necessary
social services. Those who cannot provide for themselves and their family because they have no job,
or if they are sick, disabled or elderly are entitled to support. Mothers and their children must be
given special care and assistance. All children, whether born in or out of wedlock, have the same
rights.” [Article 25 of the Universal Declaration ]
“Everyone has the right to work and to choose where to work. Everyone must be given a fair salary
so that they can support themselves and their family.” [Article 23 of the Universal Declaration]
“Everyone has the right to receive education.”[Article 26 of the Universal Declaration]
“The States Parties to the present Covenant 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.” [Article 22 of the International Covenant on
Economic, Social and Cultural Rights]
“The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the
highest attainable standard of physical and mental health.” [Article 11 of the International Covenant
on Economic, Social and Cultural Rights]
The campaign also violated other international human rights instruments, such as the Convention on the Elimination
of All Forms of Discrimination Against Women and the International Convention on the Rights of the Child.
Also relevant is the definition in the Rome Statute of “crimes against humanity”. Included in this definition are the
following:
Deportation or forcible transfer of population;
Persecution against any identifiable group or collectivity on political, racial, national, ethnic,
cultural, religious, gender as defined in paragraph 3, or other grounds that are universally
recognized as impermissible under international law;
Other inhumane acts of a similar character intentionally causing great suffering, or serious
injury to body or to mental or physical health.
Select target paragraph3
Add to table of contents