Uacitissa Mandamule March, 2017 Land Registration, Agricultural Production and Food Security in Mozambique Uacitissa Mandamule March, 2017

They left their homes to come here, what about us, where shall we go They left their homes to come here, what about us, where shall we go? The (land) Law says that before a company begins its activities, there must be a community consultation, followed by the approval of the district Administrator. But people come here (…) and operate without having done the community consultation. Now I ask myself, is it really true that the Land Law exists? Ruace community, 24/05/2016

INTRODUCTION Land is the most important resource of any country. It’s legislation, occupation, types of use, planning of the territory and conflicts can largely influence the type of development in the long term. More than 75% of the population live in the rural areas. Main source of income is Agriculture.

STUDY AREA Source: Grain & UNAC, 2015

METHODOLOGY Desk review Fieldwork, during March and June 2016, in Nampula and Zambézia provinces (favorable agro-ecological conditions, they represent together more than 43% of small scale producers, and 38% of the cultivated area national wide; privileged center of interest for investors with many land conflicts cases). Individual and focal group interviews with key informants (local experts, community authorities, peasants and communities’ members, administrative authorities, Civil Society Organizations and investors).

One general and same principle: Land is property of the state. LAND USE CONTEXT LEGISLATION, RIGHTS… Constitutions: 1975, 1990, 2004. One general and same principle: Land is property of the state. Individuals can have property and sell improvements on land. Other legislation: Fisheries (1990); Investments (1993); Environment (1997); Forestry and wildlife (1999); Mining and petroleum (2014); territorial planning (2007)

LAND ACCESS IN MOZAMBIQUE FORMAS DE ACESSO A TERRA Three mechanisms FORMAS DE ACESSO A TERRA Good-faith DUAT Customary occupation Land registration context: The increase of population and migrations, the growing demand for land the investments on infra-structures the visibility of the land markets

Two examples: HOYO HOYO in Gurue Project launched in 2009, having started its first campaign in 2012 (soy). No consultation Communities acquired the right of occupation in good faith. Resettlement and monetary compensation. Land conflicts

Resettlement area – Hoyo Hoyo

AgroMoz (Gurue) 3000 hectares in Lioma, causing the displacement of around 1000 people from the Wakhua village; Communities held land use rights through customary norms and by good-faith occupation; Implantation of large soybean plantation since 2012, with negative economic and social effects. Land conflicts

Main findings in non registered communities Reduced access to land and water resources. Reduced access to services health, education, electricity and others). Reduced market access. Loss of source of income. Change in production dynamics (lower cultivated areas, lower soil fertility, lower productivity). Disruption of anthropological values (culture and local traditions).

Main findings in non registered communities Differentiated access to compensations and other privileged power resources Social inequalities Power disputes between leaders in case of displacement/resettlements Land conflicts Land and food insecurity Poverty augmentation Land pressure vs weak land rights protection – land tenure insecurity – poor investments on land – land degradation – reduced land and agricultural productivity – food insecurity.

PERCEPTIONS ABOUT THE IMPORTANCE OF LAND REGISTRATION For the small peasants and local communities, land registration can facilitate access credit, to financing projects, protect the holders from potential land grabbing situations, Access to credit may stimulate investment and productivity, and increase food production and land tenure security. For the administrations, land use rights registration facilitates the identification of the boundaries of each holder, allowing the person to have full rights to explore the land at the required rates; avoids overlapping of interests on land.

PERCEPTIONS ABOUT THE IMPORTANCE OF LAND REGISTRATION Land registration can facilitate negotiation with the investors and state and allows more fair compensations; For the investors: a land use tittle can facilitate investment, attest the legal occupation of a given area and avoid conflicts with local communities. If land can be used as collateral to access credit for investment on land, this can enhance land productivity and possibly food security. Though, using land as collateral may not be a good solution for poor smallholders.

FINAL CONSIDERATIONS Land use rights registration, including those acquired under customary rules, is an important step for ensuring land tenure security, agricultural production and poverty alleviation for local peasant communities and other users. The conflicts that occurred in the context of the implantation of the AgroMoz and Hoyo-Hoyo companies in that region triggered a concern in the neighboring communities to register their areas as a form of resistance to the loss of the land and the protection of their own and future generations’ land use rights.

Challenges/Think on how to: Improve Community Land Delimitation and recognize individuals/ households/group good-faith occupations. Improve rural infrastructure, particularly for communication and markets. Combine centralized general standards and guidelines with the devolution of responsibilities to the local level; Document land occupation and put this information into maps and land registries.

Challenges/Think on how to: Avoid land idleness; Address attention to women’s land use rights registration Reduce the processing time of DUATs Correct procedures of community consultation, compensation, resettlement… Capacity building and Disseminate laws. 23-03-2017

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