The potential impact of the ZHRC on the human rights environment, particularly curtailing
impunity for serious abuses, is undermined by the commission’s limited mandate and
jurisdiction—it can only investigate and address human rights abuses committed since
February 13, 2009, when the unity government was formed, and not the rampant abuses
committed before February 2009, including the widespread electoral violence of 2008.13
The commission can only investigate an issue if a complaint is made within three years
from the date on which the action or omission complained of occurred.14
On November 20, 2012, the Zimbabwe Human Rights Commission issued a press
statement indicating that it was not fully operational to address human rights complaints
or carry out its core mandate because:
1. The terms and conditions of the commission had not yet been finalized.
2. The commission had yet to set up a functional secretariat and was without staff,
which would require funds for recruitment of technical staff, payment of salaries,
and procurement of essential office equipment.15
Barely a month later, on December 13, the Zimbabwe Human Rights Commission
chairperson, Professor Reginald Austin, resigned citing inhibiting laws and lack of
resources that compromise the ZHRC’s independence and capacity to carry out its
mandate.16 Professor Austin’s resignation severely weakens the commission and brings
into question its capacity to positively impact on the human rights environment in the
country, including addressing human rights complaints.
The Zimbabwe Media Commission has licensed new newspapers, including the once
banned Daily News, that are now operating in the country, but the media remain under the
shadow of repressive legislation that severely restricts rights to freedom of expression and
association. This includes broad sections of the Criminal Law (Codification and Reform) Act
13 Zimbabwe Human Rights Commission Act, 2/2012, October 12, 2012, art. 9.
14 Ibid.
15 “Press Statement to All Citizens and Residents of Zimbabwe,” Zimbabwe Human Rights Commission, issued by Dr. Ellen
Sithole, Deputy Chairperson of the commission, November 20, 2012.
16 “Zimbabwe human rights chief resigns in protest,” Mail & Guardian (South Africa), December 29, 2012,
http://mg.co.za/article/2012-12-29-zimbabwe-human-rights-chief-resigns-in-protest (accessed December 30, 2012).
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HUMAN RIGHTS WATCH | JANUARY 2013
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