Mozambique: The best land law in Africa?
31 January 2008
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 many rural communities. This has sometimes led to unfair deals and conflict between tenants and landowners.
DFID supports a project - the Community Lands Initiative (ITC) - that works 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. However, the law does recognise the rights of people or communities to use the
land and sell assets on it.
Ismael Ossemane is the leader of Mozambique's National Farmers Union. He supports the law, believing it provides a solid basis for the development of rural areas.
However, Ismael is concerned that few people are making good use of it. While the law 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."
Accelerating progress to fight poverty
Recognising the benefits of the law being properly taken up, the Mozambican Government 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.
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 choices that make good financial sense.
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 better living. This should ensure that the alarming scenario predicted by Ismael Ossemane does not become a reality.
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.
(892
kb)
