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). 11 HUMAN RIGHTS WATCH | JANUARY 2013

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