This is an extremely siginificant case concerning Dutch farmers in Zimbabwe whose farms and equipment were seized by the Mugabe regime. It looks likely if not sure that they will win their claim, which could open a pandora's box of other claims against the regime by foreign nationals whose countries enjoy bilateral investment agreements with the Zimbabwe government.
As the article notes, there does not exist such an agreement between the UK government and Zimbabwe so those white farmers who lost their farms who were dual U.K. Zimbabwe citizens would not be eligible to bring claims:
Farmers seek $14 mln from Zimbabwe
Financial Times
Tuesday June 26 HARARE - A group of dispossessed Dutch farmers has launched a novel compensation claim against Zimbabwe after their farms were seized in a series of violent land invasions they say were backed by Robert Mugabe’s government.
The lawsuit has been launched at the International Centre for Settlement of Investment Disputes (ICSID), an arbitration tribunal housed at the World Bank in Washington. It underlines the potential for private litigants to sue governments for compensation in politically explosive areas using official bilateral investment treaties.
The 14 Dutch nationals have taken advantage of an investment treaty between Zimbabwe and the Netherlands that enables them to bypass Zimbabwean courts. The farmers allege that Mr Mugabe’s government breached its international law obligations by failing to provide adequate police protection for Dutch property owners in Zimbabwe between 2000 and 2002 and by actively supporting a series of violent land invasions that led to their farms being abandoned.
They add that the Zimbabwean government subjected them to unlawful racial discrimination by targeting white farmers.
“Dutch investors who lived on and nurtured these farms were entitled to protection under the treaty and are entitled to compensation for the loss of their property,” said Charles O. Verrill from the law firm Wiley Rein, the lead counsel for the farmers.
“We have video of people being forced out of their houses by war veterans, a group that was organised and supported by the government,” he said. “To me, that’s not providing the ‘full protection and security’ that the investment treaty requires.”
The Dutch farmers bred cattle and produced tobacco, flowers, maize, coffee and soybeans. They are each seeking around $1m for loss of property and agricultural equipment. The case is the first against Zimbabwe at ICSID.
Zimbabwe’s deputy ambassador to the US, Gideon Gapare, said Zimbabwe was “fully co-operating” with the proceedings but declined to comment on the merits of the case. Zimbabwe has until July 6 to file a preliminary defence, as well as any objections to the jurisdiction of the arbitration tribunal which has been convened to hear the dispute. Hearings are scheduled for late October.
The case follows several politically contentious international investment disputes, including a compensation claim by three Italian mining companies against the South African government for expropriating their mineral rights, a case linked to South Africa’s black economic empowerment laws.
A first hearing in the Zimbabwe case was held in December 2006 in Paris, a site selected by the parties as a neutral venue. Zimbabwe’s attorney-general, Sobuza Gula-Ndebele, was blocked from attending that meeting by EU-wide travel restrictions on leading figures in Mr Mugabe’s administration. But after intervention by the secretary-general of ICSID, the French foreign ministry has offered assurances that it will provide visas so Zimbabwean officials can take part in future hearings on French soil.
A handful of countries, including Switzerland, the Netherlands, Germany, and Denmark, have investment protection treaties with Zimbabwe.
A treaty with the UK – which boasted the largest number of nationals farming in Zimbabwe – was never ratified.
“There are other potential claimants from Switzerland, from Germany, and the Netherlands who may be in a position to assert [further] claims,” Mr Verrill said.
Agric Africa, a UK-based group that has helped co-ordinate the Dutch farmers’ arbitration claim, has received a small grant from the Open Society Initiative for Southern Africa, a non-profit organisation established by the financier and philanthropist George Soros.