132
At the same time, we cannot deny the fact that corruption is, in part, driving this process.
Even more disturbing than the lack of resources and the contradictions and weaknesses within
the laws and regulations, there appears to be a profound disregard for land law—and
individual rights—by a few government representatives who have the responsibility for
implementing and administering these laws. Numerous cases are reported throughout the
country of government officials dispossessing others of land and redistributing it, for private
gain, to themselves, their families, or other interested parties.
Third, the state is unwilling or unable to effectively administer the land laws. It lacks the
manpower and other resources to impartially implement these laws, particularly outside of
urban areas. This situation is compounded by a weak or nonfunctioning judiciary. Justices
proclaim that they are unwilling to hear disputes involving smallholders while government
officials protest that smallholders are ignorant and do not understand the courts or the laws.
Most disturbing, executive councils and judges often decide cases in favor of commercial
interests even when evidence supports smallholder claims.
Testimony gathered by the case studies indicates that for most Mozambicans land is not
an abundant resource, free from competition or conflict. In many areas of the country, "good
land" becomes a limited commodity as it is acquired by returning (foreign and national)
private interests or is obtained and redistributed by the state to national and foreign private
parties and joint state/private enterprises. This usually occurs at the expense of small- and
medium-sized landholders. In all areas of the country and for all types of investors (especially
smallholder farmers), land tenure rights are weak. Given that most farmers in Mozambique
are women, these developments are unequally affecting one segment of the country's rural
population.
Evidence from the case studies also demonstrates that the formal system of land access
in Mozambique is perplexing: There is confusion and ignorance about how people gain rights
to land, who has authority to distribute or grant land rights, and what types of rights are
being granted or acquired. There is no structure for linking the customary and the statutory
legal systems—no courts exist to bridge the gap between the two and bind them together. No
structure exists to permit disputes heard at the local level in a customary setting, using
customary laws, to be passed to a higher, formal court of appeal.
Data indicate that the weak land-tenure system—combined with an administrative process
that lacks clarity and an uncontrolled distribution of land at central, provincial, and district
levels—is leading to conflict and insecurity. This undermines economic investment and creates
a fertile environment for unproductive land speculation. The impotent tenure system also
adversely affects agricultural production and reintegration of the more than 6 million refugees
displaced by war and drought, contributing to the emergence of a new category of postwar
refugees; it modifies the quality of life for the majority of the country's population,
particularly women, who make up most of the farming population. Above all, the ineffectual
tenure system will lead to political instability at all levels of society, from the household to
the central government.