A/HRC/44/50/Add.3
9.
In view of the above, the report by the Special Rapporteur is not reflective and
representative of the state of affairs in Zimbabwe regarding the implementation of the two
rights.
II. Political, economic and social background and legal
framework
A.
Background
10.
Zimbabwe does not subscribe to some contents of the report by the Special Rapporteur
as outlined hereunder.
11.
The Special Rapporteur describes the land reform programme in Zimbabwe as "highly
criticized". This assertion ignores the fact that the Zimbabwean land reform programme is a
progressive policy designed to redistribute the primary means of production in developing
countries, whose people have suffered from the policies of disempowerment by the former
colonial masters.
12.
For the record, Zimbabwe inherited a skewed land tenure system from the colonial
era whereby a minority 4 500 white farmers owned a total of 12.5 million hectares arable
land, while 7.4 million indigenous people owned only 2.5 million hectares of the total 15
million hectares of arable land in the country. An agreement was reached during the 1979
Lancaster House Independence Conference for a willing seller willing buyer land
redistribution programme following financial pledges made by the then Conservative
Government in Britain and the United States Government to support the exercise.
13.
However, in 1997, the new British Labour Government unilaterally abrogated all the
provisions that had been agreed to at Lancaster House and cut all funding previously directed
at land reform. On the ground, not much progress had been made towards redistributing land
as many of the white farmers were unwilling to sell land to the Government.
14.
In order to remedy this situation, the Government embarked on a fast track land reform
programme in 2000 to ensure that the indigenous people of Zimbabwe would finally have
access to land. To date, over 360 000 families have since been resettled.
15.
For the record, after the land reform programme, tobacco production has improved
over the years, increasing from 228 million kilogrammes in 2000 to 258 million kilogrammes
during the 2018/2019 farming season. Given proper funding, technical assistance and access
to modern farming implements, indigenous farmers can achieve greater levels of productivity
and significantly contribute more to the national economy. Thus, the Special Rapporteur’s
attempt to dismiss the land reform programme as one of the major causes of problems in
Zimbabwe today is misplaced.
16.
However, the fast track land reform programme also regrettably led to international
isolation and the imposition of sanctions on Zimbabwe by some Western countries. These
sanctions are illegal and unjustified because they violate Article 41 of the United Nations
Charter, which states that sanctions can only be decided on by the UN Security Council. The
USA's so-called Zimbabwe Democracy and Economic Recovery Act (ZIDERA) directs US
Directors in the international financial institutions to block the granting of development
finance to Zimbabwe.
17.
As a result, Zimbabwean companies have been denied access to international credit
lines and the country has not received enough foreign direct investment. This has negatively
affected economic performance and worsened the living conditions of the people. The
Government of Zimbabwe maintains that these measures are punitive, unjustified and
outdated as they actually hinder the broad reform agenda that the Government has set for
itself and, once again, calls for their unconditional removal.
18.
It is evident that the Special Rapporteur was selective in his chronology and
application of Zimbabwean history to buttress a skewed position that portrays the picture of
a dearth of democracy and a deliberate or systematic restriction of freedoms. However, the
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