TALKING POINTS – From the Garden of Eden to Africa: Why Land Restitution is the Redemption Colonialism Still Owes

BY Tenure Advisory

Good morning, everyone!

I want to start by thanking the organisers for putting this session together, and to Prof Kimani Njogu for giving me the opportunity to share my thoughts. I would also like to thank Dr Rudo Sithole and Dr Nancy Rushohora for providing a solid background to this discussion. Since I am the only non-academic on this panel, I guess it’s safe to say that mine will be the common man’s commentary on the subject.

Now, since many of us here, judging by our first names, seem to have roots in the Christian faith, I’d like to begin with a story most of us might know well: the story that happened in the Biblical Garden of Eden.

In Christian theology, there is the concept of the original sin. We are told that this occurred when Adam and Eve ate the forbidden fruit in the Garden of Eden. This morning, I want to submit that in the context of Africa’s colonial history, the theft of land from native communities constitutes the original sin of colonialism.

Colonialism as an ideology was built on extraction of resources and it was premised on the assumption that colonized territories existed to serve the economic interests of the colonizers. As such, land was seized, and communities displaced to pave way for settler agriculture and extraction of Africa’s natural wealth. In the Garden of Eden, we also witness what can be described as the first land displacement where Adam and Eve were banished from the garden following the original sin. Like Adam and Eve’s banishment, Africans were also uprooted from ancestral lands, triggering centuries of dispossession, distortion, inequality, and exploitation which continues to impact land governance in Africa to this day.

Heritage and Land Restitution: Shared Foundations

Listening to the previous speakers, both of who are excellent scholars in the field of heritage restitution, it is evident that conceptually, both heritage restitution and land restitution seek to correct foundational wrongs associated with colonialism. They are not just about returning objects or land, they are about restoring dignity, identity, and community cohesion. Land and heritage are inseparable: sacred sites, ancestral territories, and artifacts carry both physical and symbolic meaning.

From the previous presentations, cultural restitution movements, through the principles of reparative justice, offer lessons that we in the land governance community can adopt in the quest for land restitution and reparations. Here are a few of them:

  • Recognition of Historical Injustices – We need to acknowledge past wrongs to build trust and establish a moral foundation for redress for historical land injustices linked to colonialism.
  • Accountability and Commitment – Governments, institutions, and private actors must own up to their roles and commit to corrective measures through compensation schemes, land restitution, affirmative action programmes, etc.
  • Reparative Justice – Combine restitution with alternative compensation and embed safeguards to prevent recurrence including through policy reforms.
  • Community Engagement – Ensure inclusive processes are essential to avoid division and ensure legitimacy.

Examples from South Africa, Rwanda, Kenya, Uganda, and Namibia show progress. They might be imperfect, but worth building on.

Challenges Ahead

As the land restitution movement gains more traction, we should be mindful of some of the challenges ahead, some of which have been experienced by the cultural restitution movement. These include:

  • Resistance from former colonizers and reluctance from postcolonial states.
  • Risk of social division if restitution is not inclusive.
  • Land governance must address psychological and cultural wounds over the past generations, not just material loss.

The Call for Redemption

Let’s go back to the Garden of Eden. What do we learn? The Eden story teaches two lessons:

  • Redemption is necessary
  • Redemption is possible

Although Adam and Eve fell, we are told that God promised a future Saviour who would restore humanity. This demonstrated that redemption was possible. Similarly, colonialism created a legacy that demands redemption through restorative justice. If we in the land governance community agree that restitution is a feasible option, we must act. Critical questions remain and we must reflect on them:

  • What does restitution mean in practice?
  • Who is eligible?
  • Who bears responsibility?
  • How do we balance restitution with urbanization, climate change, and other contemporary realities?
  • How do we integrate cultural and psychological dimensions?
  • How do we prevent repetition of harm?

I don’t have the answers myself but believe that addressing the above questions will provide an important step towards addressing the original sin of colonialism in Africa.

In closing, if we can return a stolen statue and artifacts across continents, surely we can return stolen land. Unlike artifacts, land was never moved, it’s still here – waiting for us to act.

Thank you for listening to me.