The West only discovers property rights when the landowners are white

From the 1890s onwards, colonial land seizures in Rhodesia were enforced and legitimised through the selective application of British imperial law and BSAC decrees. African ownership of land was never recognised with the same standing granted to settler occupation.

That legal order survived the expansion of settler rule through the Land Apportionment Act of 1930 and continued to shape later legal frameworks.

That lopsided inheritance still shapes the global response to Zimbabwe’s land question decades after independence.

Bilateral investment treaties signed between Zimbabwe and foreign states gave protected investors the right to seek compensation when property covered by those agreements was expropriated. In practice, certain foreign-owned farms seized during fast-track land reform entered an international system backed by arbitration mechanisms, treaty enforcement and diplomatic pressure, even though the land itself had been acquired through conquest and war. The 67 farms covered by Masuka fall into that category.

Africans dispossessed under colonial rule were never granted comparable access to international reparations or protected claims against empire.

Part of this asymmetry is structural: European farmers can invoke treaties their governments signed and a compensation deal Zimbabwe itself agreed, while the dispossessed have no counterparty to sue, no instrument to enforce and, in Rhodesia, no surviving state to hold to account. But that is precisely the point. The legal architecture was built to recognise one kind of loss and not the other.

In April 2009, Dutch farmers protected under a bilateral investment treaty brought Funnekotter and others v Zimbabwe before the International Centre for Settlement of Investment Disputes (ICSID), and the tribunal ordered Zimbabwe to compensate them for expropriated farms. In 2015, another ICSID tribunal ruled in favour of European claimants linked to Swiss and German property interests in von Pezold and others v Zimbabwe after land seizures under fast-track reform.

The contrast is stark for everyday Zimbabweans.

My maternal grandparents lived in what was the Seke Reserve in Mashonaland, a place where most people were settled on small plots of land with “rather poor sand veldt with a lot of bush”. The reserve was created in 1899 along a boundary that ran roughly along the Hunyani River to the north and northeast, separating African-occupied land from areas soon to be claimed by white settlers.

On the other side of that line, colonial authorities allocated fertile, riverfront and midslope land to white commercial farmers, while families who had once farmed across that broader landscape were confined to a narrow, overcrowded reserve with low-grade soils and limited water.

This was part of a wider colonial regime that, from 1894, also pushed many Ndebele communities into the dry, low-rainfall and tsetse-fly-infested Gwaai and Shangani reserves in Matabeleland North.

Their subsequent, imposed impoverishment and losses, of land, cattle, livelihoods, political authority and economic autonomy, were absorbed into colonial history rather than treated as enforceable claims demanding compensation from the imperial system that created them.

They all died landless and economically broken, largely invisible to the global legal order and without meaningful redress, much like countless Indigenous communities around the country.

Yet Zimbabwe’s compensation framework, shaped largely by external pressure and Western imperatives, recognises losses arising from fast-track land reform and treaty-protected commercial farms. It does not recognise losses like those experienced by my grandparents, or by countless families whose land, cattle and livelihoods were taken under colonial rule.

For years, Zimbabwe’s debt re-engagement process has been tied to arrears clearance, economic reforms and the settlement of land-related disputes. The restoration of treaty-protected European claims has therefore become intertwined with Zimbabwe’s attempts to regain access to international finance and repair relations with Western creditors, chiefly the IMF and World Bank.

Compensation agreements and investor protections are presented as proof that Zimbabwe is becoming governable, predictable and safe again for international capital. In effect, Zimbabwe is being asked to rehabilitate confidence in settler-derived property rights as part of its return to global financial legitimacy.

Launched in 2000, Zimbabwe’s fast-track land reform programme was characterised by widespread economic disruption and violence against Black farmworkers, white farmers and opposition MDC supporters. Those failures do not erase the history of land theft that made redistribution a central political question in the first place.

The unresolved collision between colonial property systems and African restitution claims extends far beyond Zimbabwe. In former settler colonies such as Zimbabwe and Namibia, it is overwhelmingly Black Africans who are expected to absorb mass land dispossession without compensation.

Colonial seizure is treated as inconvenient background history, while postcolonial attempts to restructure ownership are framed as threats to “markets” and “investor confidence”.

African efforts to recover land face more obstacles than the colonial systems that stole it.

Land reform should be lawful, accountable and economically productive. Nonetheless, international law cannot treat property rights created through settler colonialism as morally untouchable while dismissing African compensation as dangerous or illegitimate.

The 67 farms are standing remnants of an old and unresolved colonial atrocity.

My grandmother’s people also have rights.

Zimbabweans are still waiting for justice.

The views expressed in this article are the author’s own and do not necessarily reflect Al Jazeera’s editorial stance.