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which Zimbabwe is a party. This paper therefore examines the provisions of the International Covenant
on Economic, Social and Cultural Rights (ICESCR), the Universal Declaration of Human Rights, the
African Charter on Human and People’s Rights (ACHPR), and how the provisions have been interpreted
by international judicial bodies.
Article 11 of the ICESR obligates State Parties to progressively realise people’s right to an adequate
standard of living for themselves and their families, including adequate housing and the continuous
improvement of living conditions. It is therefore discerned that adequate housing is a constituent
element of the right to an adequate standard of living and that, conversely, where there is no adequate
housing adequate standards of living are unattainable.28
ECOSOC, the treaty body charged with the implementation of the ICESCR, in its General Comment
Number 4 stated that adequate housing envisaged in terms of Article 11(1) of the Covenant had
elements including legal security of tenure; availability of services; materials and infrastructure;
affordability; habitability; accessibility; location; and cultural adequacy. In the present discussion,
reference will be made to the first element listed above, that is, legal security of tenure. In the words
of the Committee, security of tenure;
“… takes a variety of forms, including rental (public and private) accommodation, cooperative
housing, lease, owner-occupation, emergency housing and informal settlements, including occupation
of land or property. Notwithstanding the type of tenure, all persons should possess a degree of
security of tenure which guarantees against forced eviction.”29
In this regard, it is submitted that arbitrary evictions are at face value a violation and breach of State
Party`s obligations in terms of the Covenant. In General Comment Number 7, the Committee noted
that;
Article 11 ICESR “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. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the
essential importance of international cooperation based on
29
See ECOSOC General Comment No.4 para 8
28
Select target paragraph3
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