Mozambique: The best land law in Africa?
31 January 2008
Related pages:
Mozambique country profile
| Millennium Development Goal 7:
Environment
 In
Mozambique, where the majority of people live in rural areas and survive by
farming, land is perhaps the most important resource available to the poor.
A new law was passed in 1997 to ensure that Mozambique's people are able to
use land fairly and securely. But several years later, the law
is still not properly known by local communities, so
people aren't always aware of their rights. This has sometimes led to unfair deals and conflict
between tenants and landowners.
DFID supports a project - the Community Lands Initiative (ITC) - that works with
local people to get the law implemented
more widely.
Securing rights and avoiding conflict
 Under the
1997 law, land in Mozambique is still owned by the state, and
cannot be bought or sold, but the rights of people or communities to use the
land, and sell assets on it, are recognised. So, if those who depend on land
for their livelihoods are to benefit, usage rights must be well defined and landowners
must cooperate.
Ismael Ossemane is the leader of Mozambique's National Farmers Union. He
supports the country's current land laws, believing they provide a solid basis for
the development of rural areas.
However, Ismael feels that the new law has not been
applied extensively enough. While it should make it easier for small
farmers and private investors to coexist harmoniously (by clarifying rights to
land occupation), he points out that serious disagreements will ensue if it fails to be implemented.
If the law is not rigidly followed, says Ismael, "there will be very
catastrophic consequences for Mozambicans, including the concentration of land
in a handful of groups of landlords, a massive rural exodus, the aggravation of
poverty, and a growing gulf between rich and poor."
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Accelerating progress to fight poverty
The Mozambican Government recognises the benefits of the law being properly taken up,
and has invested in a range of awareness-raising exercises, with the support of
donors, non-governmental organizations (NGOs), and community
organizations.
In October 2007, a major initiative was launched, with DFID backing, in which
workshops, with expertise drawn from civil society, would review progress in the
take-up of the law. At the launch (which was picked up by the BBC), civil
society groups, including 300 farmers, challenged the Government to live up to
its commitments on land. The Head of DFID Mozambique shared a platform with the
country's Prime Minister, and argued that, although the law is one of the best
in Africa, the pace of implementation is far too slow.
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Bringing the land under the law
The ITC helps communities to get support from these workshops. In addition,
it provides
advice on how to register land and negotiate the transfer of rights. Counselling is also available to help people make
better economic
choices.
As the ITC
continues, it is essential that more of Mozambique's land is brought under the
new law, securing the rights of poor farmers to earn a living from it and
ensuring that the alarming scenario predicted by Ismael Ossemane does not become
a reality.
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Key facts
- The ITC is a five-year programme (2006 to 2010), being piloted in the provinces
of Gaza, Cabo Delgado and Manica. DFID contributes with half of the overall £4 million
budget.
- DFID supports the implementation of the land law as the lead donor of a
group composed by the Netherlands, Ireland, Denmark, Sweden, and Switzerland.
- The legal instruments defining land rights in Mozambique evolved rapidly
after the 1992 peace accords: a new land policy was adopted in 1995 and the
new land law was passed in 1997.
- Mozambique's recent Poverty Reduction Strategy Paper (PARPA
2005-2009) establishes targets for sustainable and equitable management of
natural resources, including land, with the explicit aim of improving the
livelihoods of the rural poor.
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