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Harare
to seize farms protected under investment treaties
ZimOnline
January 17, 2007
http://www.zimonline.co.za/Article.aspx?ArticleId=739
HARARE -
Zimbabwe will expropriate more farms that are protected under bilateral
investment promotion and protection agreements (BIPPA) signed with
other countries for redistribution to landless blacks, according
to Land Reform Minister Didymus Mutasa.
Mutasa, who
was speaking last week at a co-ordinating meeting for heads of government
departments in the eastern Manicaland province, said some BIPPAs,
concluded before Zimbabwe was ostracised from the international
community, were hurriedly negotiated and could not be allowed to
stand in the way of land reforms.
But the Lands
Minister, who is also in charge of state security and is one of
President Robert Mugabe's most trusted lieutenants, promised
that Harare would compensate foreign owners of farms covered under
bilateral investment agreements.
"We will
not stop acquiring the farms because they are under BIPPAs. We will
acquire the farms and compensate the owners. I am sure these agreements
were made in a hurry," Mutasa said at the meeting held in Mutare
city last Thursday.
He did not say
whether the government would pay for actual land as well, only saying
that the government would address the "issue of farms under
the BIPPAs on a case-by-case basis."
The Harare administration,
which has over the past six years seized nearly all land previously
owned by the country's about 4 000 white farmers and gave
it over to blacks, has in the past maintained it would not pay for
the land because white colonial authorities stole it from blacks
in the first place.
The government
has to date paid compensation to a handful of former white landowners
and only for improvements on farms such as buildings, roads and
dams.
But a group
of Dutch nationals whose farms in Zimbabwe were seized by the government
have dragged the Harare administration before the International
Centre for the Settlement of Investment Disputes (ICSID) in Paris
demanding US$15 million in damages for the loss their properties.
The Dutch farmers
argue that their properties were protected by a bilateral investment
treaty under which Harare promised to pay full compensation to Dutch
nationals in disputes arising out of any investments in Zimbabwe.
The ICSID is
yet to hear the matter. If the Dutch farmers win the case they would
be entitled to seize Zimbabwe government property anywhere in the
world if Harare fails to pay up.
But more worrying
for the government, success by the Dutch farmers' could pave
way for similar appeals for compensation from scores of foreign
landowners dispossessed during the land reforms.
Several countries
among them Austria, France, Germany, Mauritius, Holland, South Africa,
Sweden and Malaysia signed investment protection agreements with
Zimbabwe before the land reform programme began in 2000.
The chaotic
and often violent land reform programme - that Mugabe says was necessary
to ensure blacks also owned some of the best land previously reserved
for whites by former colonial governments - is blamed for destabilizing
the mainstay agriculture sector and knocking down food production
by about 60 percent.
Zimbabwe has
largely survived largely on food handouts from international relief
agencies since the land reforms began seven years ago. Harare however
denies its land redistribution exercise caused hunger and instead
puts the blame on poor weather and a crippling economic crisis responsible
for shortages of seed and fertilizers for farmers to produce enough
food.
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