The name is absent

135

At the same time, laws and the administrative procedures do not foster security of title
for many commercial activities (including agricultural, mining, hunting, and forestry).
Concessions are granted and sometimes retracted with great speed. Some concessions have
been given, but when questioned, the government often fails to support or defend its actions.
Like smallholders, commercials farmers are discovering that the lands they acquired often
have multiple claimants. These protesters include colonial-era private farmers, the state, and
other claimants from the postwar period, including smallholders. Some commercial farmers
and joint-venture interests resort to private militias to support their perceived rights. This lack
of clarity and security also leads to instability, speculation, underinvestment, and abuse of
resources.

While mistakes have been made, the consequences are not irreversible. Government and
civil society need to identify priority areas in the country and address the most acute
problems. At the same time, government should participate in an open dialogue with all
segments of Mozambican society, focusing on land-law reform and land administration.
Partic_ularly_, Mozambique needs to determine who will be responsible for land management
and at what level of government decisions will be made. The role of customary rules and
authority must be made a part of this discussion. Government and civil society should
cooperate in the management of land and other natural resources, with the government
completely reconsidering its evaluation of smallholder agricultural potential. In some regions,
locality, district, and provincial officials are attempting to resolve some of the more pressing
issues by setting land aside, for example, for landless farmers. Such innovations should be
considered as part of the discussion and should be pursued where appropriate. Above all,
government must work with smallholders in an open, transparent, and cooperative manner.

There are no simple solutions to the problems identified in this report. The decisions that
appear the most obvious are often inappropriate and cost-ineffective. Some people suggest that
the best solution to land tenure problems in Mozambique is to title all land in the country—or
to title all the strategic lands. They argue that this would ensure security. Others reply that
the land law and land regulations are adequate as they stand and simply need refinement.
They state that the problem lies in the administration of the law—that is, that the law is not
administered as intended or is not administered uniformly. They suggest that favoritism and
nepotism undermine its application. Still others suggest creating reserves for smallholder
producers. This last is perhaps the most potentially disastrous solution of all.

Current land law is not appropriate for Mozambique. Key considerations for developing
a new land law include the following: It should be able to function in the prevailing economic
and social environment; it should be socially responsible and contribute to a more equitable
society; it should encourage investment and sound resource use; it must be acceptable to all
segments of society and its administrators must be viewed as legitimate; it should decentralize
control over land to the local level; and, finally, it should be framed so that it can be
successfully implemented by government and civil society. If the new land law in
Mozambique meets these criteria, the country faces a bright and promising future.

<<   143   144   145   146   147   148   149   >>

More intriguing information