COHRE Protest South Africa Abahlali 2010

11 May 2010

His Excellency Nathi Mthethwa, Minister of Safety and Security Private Bag X922, Pretoria 0001, South Africa Re:

Threats against and intimidation of Abahlali baseMjondolo Movement

Dear Minister Mthethwa, The Centre on Housing Rights and Evictions (COHRE) is an international human rights nongovernmental organisation based in Geneva, Switzerland, with offices throughout the world.

COHRE has consultative status with the United Nations and works to promote and protect the right to adequate housing for everyone, everywhere, including preventing, halting or remedying forced evictions. COHRE also has consultative status with the African Commission on Human and Peoples Rights.

COHRE is gravely concerned about reports of organized intimidation, threats and outright violence against members of Abahlali baseMjondolo (AbM) Social Movement, in what appears to be a politically motivated attack on human rights defenders for their housing rights advocacy, involving the informal settlements on Kennedy Road, Durban, KwaZulu/Natal province.

The AbM Movement has been victim of violent attacks and intimidation since September 2009, when 2 of its members were killed, others injured and houses were destroyed in the Kennedy road informal settlement. These kind of events have been repeating regularly. For instance, AbM Movement members received death threats during a court appearance related to the September incident; and last April, Ms. Nozuko Hulushe, a Kennedy Road resident and Abahlali baseMjondolo member was intimidated by Dora Dlamini, MP in the Provincial Parliament, with a demand to withdraw her assault charges before the case goes to trial. It has not been possible for AbM members who have been threatened, assaulted and evicted from their homes to obtain redress because of the apparent unwillingness of the authorities to investigate these attacks.

COHRE reminds the Minister of Safety and Security of the duty of the Republic of South Africa to respect, protect and fulfill the right to life, integrity, freedom of expression and association of all its citizens.

Page Two 11 May 2010 The members of Abahlali baseMjondolo Movement, individually and in association with each other, have a right to defend internationally and nationally recognised human rights, including the right to adequate housing. Indeed, Article 1 of the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, adopted by the UN General Assembly makes clear that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels.�1 COHRE calls on the Minister of Safety and Security to establish an independent and credible commission of inquiry into the attacks and ongoing intimidation of Abahlali baseMjondolo social movement members to ensure that any intimidation of or threats to members of the Abahlali baseMjondolo Movement are prevented and those responsible are brought to justice.

We look forward to your response and would appreciate receiving information about actions undertaken by the ministry to resolve these concerns.

We thank you for your time and attention to these matters.

Requests for further information or electronic replies should be sent to cohreafrica@cohre.org

Sincerely,

Salih Booker Executive Director Centre on Housing Rights and Evictions (COHRE)

CC: His Excellency Tokyo Sexwale Minister of Human Settlements His Excellency Jeffrey Thamsanqa Radebe Minister of Justice and Constitutional Development

1

Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, UN Doc. A/RES/53/144 of 9 December 1998.

Page Three 11 May 2010

His Excellency Dr Z L Mkhize Office of the Premier of KwaZulu/Natal His Worship Obed Thembinkose Mlaba The Mayor of eThekwini Municipality (Durban)