It is common cause that the forced evictions carried out by the Government of Zimbabwe under Operation Murambatsvina/Restore Order from May to June 2005 resulted in untold suffering for many Zimbabweans. The evictions were of an indiscriminate nature and in breach of Zimbabwe’s human rights obligations, particularly in respect of the obligations arising from the International Covenant on Economic Social and Cultural Rights. In an attempt to mitigate the resultant violations attendant to these evictions the Government of Zimbabwe introduced Operation Garikai/Hlalani Kuhle.  The Human Rights Trust of Southern Africa (SAHRIT) notes with concern that the said Operation Garikai notwithstanding, the Government of Zimbabwe is still in breach of its obligations.

SAHRIT wishes to raise concern over the lack of concrete and targeted steps to address the plight of those who were rendered particularly vulnerable by the forced evictions.  In this respect we note and emphasize the duty of the government to ensure priority to the realisation and protection of the rights of vulnerable groups in the implementation of the housing policy as established under international and regional law. Further, SAHRIT would like to enjoin the government of Zimbabwe to continue, and diligently, to address corruption as an impediment to the enjoyment of human rights. We are concerned that although huge financial resources were put into the activities of Operation Garikai ostensibly to benefit those affected by the forced evictions,[1] this has not been the case in a number of instances.[2] We therefore urge the Government of Zimbabwe to take measures that will see the victims of the forced evictions as the primary beneficiaries of the facilities provided under Operation Garikai.

To date, the focus of Operation Garikai has been to provide accommodation, ostensibly to those whose houses were destroyed during the clean-up exercise. We note, however, that there appears to be very little effort to address the other concerns. For instance, the government has done little to ensure that all children of school going age who were affected by Operation Murambatsvina resume their education. In addition to this, displaced persons who were on Anti-Retroviral drugs had their treatment disrupted by the clean-up exercise and many were relocated too far away from health facilities. With reference to such individuals who were directly affected by Operation Murambatsvina, who lost access to education and adequate health facilities, it is the obligation of the Government of Zimbabwe to ensure that they receive preference in the implementation of Operation Garikai/Hlalani Kuhle. 

SAHRIT urges the Government of Zimbabwe to implement the provisional measures recommended by the African Commission on Human and Peoples’ Rights in respect of the communication submitted by concerned NGOs on behalf of the victims of the forced evictions. Failure or neglect to comply with these recommendations is inconsistent with the letter and spirit of the African Charter on Human and Peoples’ Rights.