12
well as domestic capital fled the country, leading to economic and political crisis. This crisis
is discussed elsewhere. 21
As we demonstrate below, even if the goal was to give or redistribute land to the people
of Mozambique, this occurred very infrequently. In fact, the people of Mozambique,
including smallholders, were often stripped of land and resources or their tenure rights were
greatly reduced by the state. It is likely that this contributed to the economic crisis following
independence and fueled the subsequent civil war. 22 Essentially, this law and subsequent land
and property legislation gave the state—rather than the people—control over land and natural
resources. The principles articulated in the 1975 Constitution with regard to land were
repeated in the 1990 Constitution. The new Constitution made no major changes to the legal
status of land; however, it did recognize and protect "rights acquired by inheritance or
occupation."" However, as we see below, this admirable principle has not been systematical-
ly applied. 24 The new Constitution also t2h5 eoretically permits leasehold relationships between
private persons, but this too is unclear.
The second major piece of legislation to affect land tenure was the 1979 Land Law (6/79).
In this law the state formally nationalized all land in the country. All previous forms of title
are extinguished and reduced to state leasehold. ARTICLE 1 states: "In the People's Republic
of Mozambique land is state property and the state establishes the conditions for its use and
exploitation. In the People's Republic of Mozambique, land cannot be sold or in any way
alienated, rented, mortgaged, or pawned." However, existing infrastructure and other
unexhausted improvements on the land can be alienated.
This law, while not conferring strong rights on landholders, clearly states their
obligations. 26 Each landholder is to use the land "rationally," carry out activities without
affecting the interest of the state or others, preserve and increase the fertility of the soil and
21. See Hanlon (1990); Isaacman and Isaacman (1983); Hall (1990); Vines (1991); Urdang (1986); and
Sheldon (1991).
22. See Cahen (1987); Geffray (1990); Hanlon (1990); Myers, West, and Eliseu (1993); and Drumtra
(1993).
23. Rights acquired by inheritance or occupation were, in principle, granted under earlier legislation (Land
Law of 1979, and Land Regulations of 1987). It has been suggested that these rights were not clearly defined
or stated in the earlier legislation; consequently, the authors of the new Constitution felt it necessary to reiterate
them.
24. Although security of tenure is theoretically guaranteed for the family sector (smallholder) farmers by
occupation, the Land Law is not clear with regard to what constitutes occupation. This lack of clarity leads to
"legal" land evictions and land grabbing. This is discussed below.
25. See Garvey (1994); and Joao Carrilho (former director of Ad Hoc Land Commission, Ministry of
Agriculture, Maputo), personal communication, April 1992. The 1975 Constitution specifically prohibits the
lease of land by private individuals. It states that land may not be sold, transferred, leased, mortgaged, or
pledged. The 1990 Constitution contains the same prohibition and the same phrasing, except for the word
"lease." It is not clear if the new law permits the leasing of land. Carrilho has suggested that the 1990
Constitution contained a typographical error and that the word "leased" should also appear as one of the
prohibitions.
26. See ART. 6 of the 1979 Land Law.