Shilomboleni, H. (2016). Shifting Power Relations and Poor Practices in Land Deals through Participatory Action in Marracune, Mozambique. Solutions 7(4): 84–88. https://thesolutionsjournal.com/article/shifting-power-relations-and-poor-practices-in-land-deals-through-participatory-action-in-marracune-mozambique/
On The Ground
Shifting Power Relations and Poor Practices in Land Deals through Participatory Action in Marracune, Mozambique by Helena Shilomboleni
A
lthough Mozambique has a fairly strong national legislation that protects the land-use rights of rural populations, the law is used poorly— privileging leases to agro-investors at the expense of small-holder farmers. This discrepancy has been growing over the last 10 years as authorities welcome private investors to the agriculture sector in order to increase crop production and to bring about rural development. But land transfers are happening quickly and at a large scale: in a period of just four years, from 2004 to 2009, official estimates show that 2.7 million hectares were leased to land developers in the country.1 The process has displaced a large number of peasants, while others face growing pressure to give up their lands.2,3 An example of this is the district of Marracune, located 35 km south of Mozambique’s capital, Maputo, along the Incomati River. Communities there are seeing increased pressure on land use, as local authorities prioritize investments from sugarcane planters and housing developers. Being in close proximity to Maputo, city dwellers with rising incomes are looking to buy second homes in the area. In response, the National Union of Mozambican Peasants (UNAC) has assisted over 5,000 Marracune farmers to learn about the Land Law and officially register their lands in order to obtain land titles. This participatory approach to safeguard peasant landuse rights matters for two reasons. First, it demonstrates that appropriate solutions can emerge when marginalized people are given a real voice and
the capacity to engage with authorities and the outside world. This can tip the balance in shifting power relations and poor practices. Second, it incentivizes communities to invest in sustainable land-use practices, which can increase crop yields and improve food security.
Problems with the Land Law In Mozambique, land is a property of the state, and as such, it cannot be sold or mortgaged. However, individuals and communities can occupy or use land based on one of three conditions outlined in the country’s Land Law. Each of the provisions represent a state-granted land right, referred to as a “direito de uso e aproveitamento dos terras” (DUAT).4 The first is that people can occupy land based on customary norms or practices. This entails settling on land that has been passed down (or inherited) from one generation to the next. The second condition is occupation based on ‘good-faith’ for a period of at least 10 years. This provision addresses an important historical account. Mozambique was affected by a long civil war, which ended in 1992, but saw a large number of internally displaced people. Therefore, the Land Law offers land-use rights to citizens who ended up in a new part of the country. Customary and good-faith occupancy-based DUATs are recognized automatically. As such, individuals and communities are not required to register their lands with local authorities. The final condition upon which individuals can gain land-use rights
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is through applying for a lease from the state. Such leases are commonly known as investor-based DUATs and are predominantly reserved for private investors, including foreign companies. Investors seeking to obtain such a lease must also undertake community consultations in order to identify lands that are not occupied and/or negotiate their use with communities.5 If there are no contested land claims, the state can approve the DUAT for up to 50 years, which can be renewed once for another 50 years. In the vast majority of cases, however, land deals have not worked in the public’s best interest; they are often characterized by corruption and improper or no community consultations. The process has also displaced many peasants, while others face pressure to give up their lands. In Marracune, farmers are regularly intimidated by authorities over their land occupancies. An example is a group of UNAC farmers who farm collectively on land that previously belonged to a Portuguese plantation farmer. At the time of Mozambique’s independence in 1975, the owner fled the country. Peasants settled on the vacated land and continued to use it until they formed an association in 1997 under UNAC’s union branch in their district, the Uniao de Cooperativas Agrricolas de Marracune (UCAM). But now the local government wants to take away the land. Farmers were informed that they did not have legal papers to occupy it.6 Such legal documentations are technically not required, as the farmers have occupied the land for over 10