legalized occupations that had been carried out in violation of what were then the legal procedures.45 Between the two judgments, several judges on the court, including the chief justice, had been forced to retire and replaced with individuals perceived to be loyal to Zanu-PF. 46 At the same time, the CFU took a decision to negotiate with the government on the land reform process, by offering land for resettlement. Historically, commercial farmers have not taken active steps to move the redistribution process forward. A spokesperson for the CFU noted on this point: “While commercial farmers can be criticized for not doing enough earlier to avert the current crisis, there was no incentive, because the government was doing even less.”47 Only recently have land owners offered significant amounts of land in large blocs or contiguous to communal areas for the redistribution program. In November 2001, following an agreement with the Zimbabwe government on land reform brokered by the Commonwealth in Abuja, Nigeria, the CFU formally announced the launch of the Zimbabwe Joint Resettlement Initiative (ZJRI), based on a proposal submitted to government in May 2001. 48 Under the initiative, the CFU offered 562 farms to the government, representing one million hectares of land distributed across the country, with assistance for newly resettled farmers. Fast track land occupations did not, however, cease. Production on some commercial farms has continued, where settlers have adopted a pragmatic approach of coexistence, or where land committees have operated to resolve disputes. But the CFU estimated that 31 percent of farms were experiencing total or partial work stoppages in late September 2001. 49 By January 2002, about 1,000 commercial farms had closed operations completely—either the resident farm owners had left, or were allowed to stay but not allowed to farm by militia occupying the land. The areas particularly affected were Mashonaland East, Central, and West, the most productive arable land in Zimbabwe.50 Some farms continue to produce relatively normally, though investment in infrastructure and planting is greatly reduced. In February 2002, however, President Mugabe reportedly told an election rally, attended by senior diplomats among others, that whites whose conduct reflected an unwillingness to live under black rule would be expelled, and urged villagers to take over any properties that might have been left unlisted by government authorities.51 Problems Caused by a Disorderly Process Because the “fast track” process of resettlement is being carried out so rapidly, short-circuiting legal procedures, it appears that many of those who have moved to new plots or those who might otherwise do so, are worried about the lack of certainty that their title will be secure. As noted by UNDP, “apart from discouraging settlers from taking up plots allocated to them, this is likely to defeat the productivity goals of the resettlement programme as a whole.”52 Others who wanted land told Human Rights Watch that they had not taken up the opportunity because they did not have the resources to cultivate the land and there was no government support to assist new settlers. The absence of legal security and government assistance could leave them vulnerable to hunger and displacement. 45 Minister of Lands, Agriculture and Rural Resettlement and Others vs. Commercial Farmers’ Union Judgment No. SC111/2001. 46 See International Bar Association, Report of Zimbabwe Mission 2001 (London: International Bar Association, April 2001) for a discussion of the government’s assault on independence of the judiciary (hereafter “IBA report”). 47 Human Rights Watch interview, Jerry Grant, Commercial Farmers Union, Harare, July 18, 2001. 48 Mr. P.W. Hughes, GoZ/ZJRI implementation launch, Retreat Farm, Bindura, Mashonaland Central, November 2, 2001. Statement available on CFU website, www.mweb.co.zw/cfu/ (accessed December 12, 2001). 49 CFU statement, October 19, 2001. 50 Human Rights Watch telephone interview, CFU, February 12, 2002. 51 “Mugabe says he will ban ZCTU, expel whites,” Financial Gazette, February 21, 2002. 52 UNDP Interim Mission Report, January 2002, p.30. Human Rights Watch 14 March 2002, Vol. 14, No. 1 (A)