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Carrilho mandamule-land-mozambique-bolonha


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Carrilho mandamule-land-mozambique-bolonha

  1. 1. LAND: LAW, POWER, RURAL DEVELOPMENT Lessons from experience of post-independence Mozambique João Carrilho & Uacitissa Mandamule Fellows, OMR
  2. 2. STATUS LEGISLATION, RIGHTS • Constitution: 75,90,04 • Land Law and regulations: 1979, 1997, 1998, 2000 • Other legislation: Fisheries (90); Water (91); Investments (93); Environment (97); Forestry and Wildlife (99), Mining and Petroleum (01/02, 14), Local Administration (03); Territorial Planning (07) • Land Forum on legislation ACCESS; USE; • 80 M Ha • 36 M Ha arable (15% in use; other lack infrastructure) • 46,8 M ha Forestry (includes 8.8 M ha reserves) • 99.6% SHH, <10 ha • 45,000 DUAT, 16.7 M ha • 8,000 villages (est. 4,000 Commun.) • Land delimitation, 400 communities, 13 M ha • 1000-1200 COGEPS, 1000 paralegals VALUE; POTENTIAL BENEFITS • Land is property of the state • Individuals can have property and sell Improvements • Quasi-leasing arrangements, Contract farming and sharecropping possible • Urban land is automatically transferred with improvements • Communities retain 20% of the value of forestry exploration • Taxes: location, size, use type INSTITUTIONS INFRAESTRUTURE • Cadastre mostly on demand; Torrens system • Most land under customary tenure • Rural Land administration centralised – adjudication only done provincial governor and above • Local/community institutions based on chieftaincies; • Courts at district level • Infrastructures to be provided by attracted investors (who are mostly interested mainly on land the already with basic infrastructure)
  3. 3. THE ISSUE • If there is an apparently good legal framework… • If there is an apparently large extension of available land… • Why is there land grabbing to access land? • Why is security of tenure weak for both investor and communities? • Why land conflicts are left unresolved? • Why there is outspread rural poverty and inequalities? • This raises the issue of the exercise of power and the interests it serves …and there, PROS AND CONS of • Centralised vs. Decentralised • Democratic vs. Autocratic Land administration for poverty reduction and rural development.
  4. 4. OUTLINE • General Evaluation of Land Use regimes in relation to: • infrastructure, income generation opportunities, inclusiveness, based on written law and practice: • centralization vs. decentralization 1. Up until early 1900 2. From WWI to 1975 3. From 1975 to 1995 4. From 1995 t0 2015 • General lessons learned
  5. 5. UNTIL EARLY 1900’s • Local negotiations • Prazos da Coroa (Crown Term-bounded Concessions) – the “donas” • The American Civil War • The Berlin Conference; the end of slavery and search for alternatives • Crown Estates • Decentralization? Transfer of powers to profit oriented individuals • Some infrastructure and services • Local resources and labour extraction • Local people as savage people/bush people
  6. 6. FROM WWI TO 1975 • The end of World War I: The New State (Estado Novo): from Monarchy to Authoritarian Republic • The end of Prazos and Crown Estates • Long term land leases • Centralization: clear definition of exception (terras de segunda classe, to be ruled under customary norms). • Forced Labour • Separate Development and indirect rule: dual land regime • Labour and commodity division through comparative advantage • Additional market oriented Infrastructure • Some degree of inclusion, the dawn of local urban elite
  7. 7. FROM 1975 TO 1995 From Independence… • Nationalization of land; Unification of policy • Socialist approach: nationalization, prohibition of private property even at the very small level; low-level attention to the majority of rural family farming population; priority to cooperatives and rural proletarianisation; • Villagisation – based on power control and natural disasters • War: infrastructures and institutional destruction, displacement, • Return to ventures similar to Crown Lands (ex.: Lonrho) • State farms Land redistribution …to the approval of the National and Policy; • The recovery of power by traditional chieftaincies (regulados) to the level of the colonial land regime; • recognition of rights of occupation and customary tenure: legal pluralism (pluralismo jurídico).
  8. 8. FROM 1995 T0 2015 • New land law, part of an African Wave of recognition of indigenous rights • Return to dualism and to geographical conditions favourable to “separate development” • Intensification of Neo-patrimonialism • (VERY) limited de-centralization with consistent re-centralization (revocation of laws promoting wider decentralisation) • Need for private investment in rural areas, to add-up to scarce public resources for infrastructure and opportunities to increase income in rural households • Community land delimitation for protection and benefit sharing – documentation improves protection • Investment on Coal, Petroleum and Liquid Natural Gas; food and prices crisis • Land grabbing, allegedly for food and biofuel production • >50% of land for livestock, forestry and game farming is idle land • Alliance between local traditional leaders and the neo-patrimonialism
  9. 9. GENERAL LESSONS • In some cases and circumstances, centralization – and even authoritarianism – presented advantages in the development of infrastructure and promoting the diversification of income sources. However, in all cases, it resulted in incomplete treatment of the problems, sometimes illegally or unfairly displacing people with no compensation. • Customary-based rights are not systematically documented, not always democratic and rights oriented. The complexity of community level arrangements should be kept at that level. • A combination of centralised general land governance and the issuing of norms and guidelines for decentralised administration, from cadastre to maintenance of transactions seem to be the best option. General / centrally designed and promoted regional plans together with norms and guidelines for local/community level administration shall play a key role.
  10. 10. SOME SHORT TO MEDIUM TERM PROSPECTS • Improve Community Land Delimitation and recognize individuals/ households/group good-faith occupations in a de-centralised manner • Improve rural infrastructure, particularly for communication and markets, based on regional and sub-regional planning and land development • Clear local benefit path • Central guidelines; implementation through local capacities
  11. 11. THANK YOU