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Human Rights Commission chairperson's resignation indicates serious threat to protection of human rights as elections approach
Zimbabwe Lawyers for Human Rights (ZLHR)
December 29, 2012

Zimbabwe Lawyers for Human Rights (ZLHR) is deeply disturbed to learn today, through press reports, of the resignation of the Chairperson of the Zimbabwe Human Rights Commission ("the Commission"), Professor Reginald Austin, on 13 December 2012. The reasons cited for this action include the current legal framework (particularly section 12 of the enabling Act and Part XVIIIB of the recently amended Electoral Act) and lack of resourcing, which will negatively impact the Commission's independence and ability to effectively and independently carry out its mandate of promoting and protecting human rights in general, and during elections in particular.

ZLHR has the greatest respect for Professor Austin as a highly experienced, professional and non-partisan individual. We do not believe he would have taken this far-reaching decision lightly.

ZLHR therefore is of the considered opinion that this resignation is an unequivocal statement of condemnation of the current operating framework of the Commission, in particular the excessive powers of the executive (through the Minister of Justice and Legal Affairs), lack of effective powers and independence of the Commission to investigate and take strong action where human rights violations have been brought to its attention, and its inability to effectively and independently investigate and take strong action in relation to electoral-related violations as it is currently constituted.

His actions further speak volumes about the government's continued and recalcitrant refusal to adequately equip the Commission to carry out its work in terms of the required human and financial resources, thus making the government responsible for failure to uphold and protect human rights as we approach elections and other national processes such as the constitutional referendum.

ZLHR remains convinced that the Commission provides a critical avenue for Zimbabweans to report human rights violations and demand independent action to punish perpetrators and counter impunity. It is even more vital in a situation where public confidence in the ability of the justice delivery system, as it is currently constituted, to put an end to human rights violations without fear or favour, remains low. The Chairperson's resignation must therefore be viewed as an indictment of the current framework for reducing such violations and the attendant impunity which is fuelled by non-action or ineffective action, and the inability of the Commission to play an effective role as currently constituted.

The spotlight is now focused firmly and directly on the government to prove that this is not the case and that it will take immediate concrete and positive measures to resource the Commission, establish a professional secretariat and localised structures, and ensure that it is enabled ahead of elections by a revised and strengthened legal framework which allows it to effectively promote and protect human rights.

It is also necessary for the government to heed the warning sounded by this resignation as well as by many other stakeholders, about the continued lack of focused positive institutional strengthening that will put perpetrators on notice that they will not escape liability for any human rights violations during an election period, or generally. Executive interference must be minimised and legislators must act swiftly to improve the enabling Act ahead of the constitutional referendum and elections.

The SADC facilitation team and SADC in general must also view this development as a warning sign that Zimbabwe remains on the precipice if they do not insist on commitment and action from all political parties to the GPA in relation to institutional strengthening and fighting the scourge of politically-motivated violations before we enter another election period.

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