2008年-世界发展银行全球_Land_Reform_in_Mozambique_4页_1mb

Summary of Land Reform in Mozambique

Core Content

Mozambique's land reform began after the end of its 17-year civil war in 1992. A comprehensive land policy review led to the establishment of the National Land Policy in 1995, which was followed by the 1997 Land Law and implementing regulations in 1998. The Land Law aimed to balance the interests of local communities and investors by introducing a secure, renewable, and long-term right to use land known as DUAT (Direito de Uso e Aproveitamento dos Terras). This right is not equivalent to full ownership but allows for transfer and inheritance, subject to restrictions.

Main Objectives

• To provide communities and local people with secure land titles.
• To grant investors legal access to land-use rights.
• To prevent speculative land grabbing and ensure equitable land distribution.
• To promote sustainable and productive land use.

Key Features of the 1997 Land Law

• DUAT Rights: Secure, renewable, and long-term (up to 50 years), but not full ownership.
• Land Ownership: The State retains ownership of land, which cannot be sold or mortgaged.
• Acquisition Methods:
  • Customary law-based community occupation.
  • Good faith occupation (after 10 years of use without objection).
  • State adjudication and allocation of a 50-year lease.
• Community Consultation: A mandatory process for investors to secure land-use rights, involving consultation with existing right holders.

Implementation Challenges

1. Lack of Clarity

• Government officials sometimes interpret the law arbitrarily.
• The principle of "good faith occupation" is undermined due to unclear legal interpretations.

2. Lack of Capacity

• Guidelines for community consultations are poorly disseminated and understood.
• Communities and the government lack the capacity to conduct effective consultations.

3. Free Allocation of DUATs

• DUATs are often given for free or at very low cost.
• This, combined with the lack of land tax collection, has encouraged land grabbing and speculative land use.

Obstacles to Urban Land-Use Rights Transfer

• Lengthy and Complicated Registration: Involves multiple institutions and steps, leading to delays.
• Provisional Titles: Urban property cannot be disposed of until construction is completed, making it difficult to obtain mortgages.
• Weak Legal Protections for Urban Poor: The 2006 New Urban Regulations may limit the recognition of good-faith occupation rights if they conflict with urban development plans.

Obstacles to Rural Land-Use Rights Transfer

• Speculative Land Use: Large areas of land are allocated without proper development conditions.
• Pro-Forma Consultations: Often short and not meaningful, with limited community involvement.
• Weak Community Awareness: Local communities are not well-informed about their rights under the Law.
• Interpretation Issues: Some officials view land as State-owned indefinitely, undermining customary rights.

Suggested Next Steps

1. Systematically Delimit Community Land

• Use technical tools like satellite imagery for land demarcation.
• Develop clear and practical guidelines for community consultations.
• Create self-financing, decentralized land registration offices.

2. Promote Productive Use of DUATs

• Review all DUATs to ensure compliance with development conditions.
• Limit the duration of provisional DUATs and set a ceiling on concession sizes.
• Allow renewal of DUATs only for areas meeting consultation and development requirements.
• Permit transfers of final rural DUATs without government approval, provided with fixed investment.

3. Enforce the Land Tax

• Introduce a land tax (ground rent) to promote intensive land use.
• Improve collection rates and raise tax levels.
• Eliminate special rates for livestock, wildlife, and permanent crops to discourage speculative land holding.

Conclusion

While the 1997 Land Law represents a significant step in Mozambique's land reform, its implementation faces substantial challenges. These include unclear legal interpretations, weak institutional capacity, and the free allocation of land-use rights. Addressing these issues through improved governance, better enforcement of the law, and the introduction of a land tax is essential to realizing the full potential of the reform and ensuring equitable and productive land use.