workshop, that this framework has a number of challenges. Firstly, the section provides that the Commissioner-General of Police (CGP) shall appoint a senior police officer to be the special liaison officer responsible for the expeditious investigation of politically motivated violence or intimidation within a province. It does not specify when in relation to a general election or a by-election this appointment has to be done. It leaves it to the discretion of the CGP. In light of the foregoing it follows that, Section 133H subordinates the Commission to the special police liaison officer in the investigation of election related violence during the crucial period of an election. It turns upside down the mandate of the Commission. Section 133H constrains ZHRC as the investigator, to sit down with the potential offenders, report to and request a representative of one of them to carry out any necessary investigation. This is hardly what the Constitution envisages for the Commission. It is violation not only of the Commission’s role but also an infringement of its independence and integrity as a Commission charged with promoting, assessing, and monitoring the observance of human rights and freedoms and promoting and protecting their observance during election periods. From the foregoing it was noted, during the strategic planning meeting, that the constraints placed on the Commission’s ability to investigate and seek redress for victims of human rights violence during elections is limited under Section 133H. Whilst the need to have this framework is noble, the Commission is alive to these challenges and will seek to have the provisions of Section 133 of the Electoral Act reviewed so that it does not dilute the role of the Commission to investigate human rights violations during elections and thus leaving victims with no course of redress (see strategic goal number 3). Being alive to this, it was proposed that the Commission takes advantage of the Constitutional provision that allows it to conduct investigations on its own initiative or on receipt of complaints. To this end the Commission will set up a special desk within the Commission that will be responsible for the investigation of human rights related violations during the elections. The Commission will establish linkages between its monitoring efforts envisaged under strategic goal number 3 and its investigative activities. The human rights monitoring efforts by the Commission, whilst seeking to gather information about the human rights situation in the country during the electoral period, will also consist of investigating specific incidents or allegation of human rights violations. This will entail collecting or finding a set of facts that proves or disproves that the incident occurred and how it occurred, and verifying allegations or rumours before seeking redress. Further the Commission will build the capacity of its officers to investigate elections related human rights violations especially those of a criminal nature and will set up a case management system to track progress towards investigations and redress for victims. Redress mechanisms that the Commission will follow are provided for under Sections 15 and 16 of ZHRC Act which reads:   In its own name or on behalf of any complainant or class of complainants pursue any action in any court of competent jurisdiction for the redress of any human rights violation, for which purpose it shall, where it acts on the basis of a complaint, be cited as a joint party with the complainant or class of complainants in question. State a special case on the question for the decision of the High Court. Cases with a potential to develop human rights jurisprudence and settle systemic violations during the election period will be investigated and effective redress recommended. One of the factors which fuel and perpetuate election related violence is impunity. The Commission has a crucial role to play in curbing impunity. Cases of electoral human rights violations are often difficult to track and report on. Figures on these are usually pulled from police reports, Zimbabwe Electoral Commission, the Zimbabwe Human Rights Commission reports, especially from the conflict mitigation committee. Activities   Development of the investigation and redress mechanism strategy The Commission will set up a desk specifically dealing with election related human rights violations. The desk will receive related complaints and determine if they constitute election human rights violations before referring these for investigation and possible redress. The desk 18 | P a g e

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