Footnotes:

Footnote 1: See Gregory Myers and Harry West, Land Tenure Security and State Farm Divestiture in Mozambique: Case Studies in Nhamantanda, Manica, and Montepuez Districts, LTC Research Paper no. 110 (Madison, 1993); Christopher Tanner, Gregory Myers and Ramchand Oad, Land Disputes and Ecological degradation in an Irrigation Scheme: A Case Study of State Farm Divestiture in Chokwe, Mozambique, LTC Research Paper no. 111 (Madison, 1993); Gregory Myers, Julieta Eliseu and Erasmo Nhachungue, Security, Conflict, and Reintegration in Mozambique: Case Studies of Land Access in the Post-War Period, LTC Research Paper no. 119 (Madison, 1994); Michael Roth, Steve Boucher and Antonio Francisco, Land Markets, Transaction Costs, and Land Use in the Peri-Urban Green Zones of Maputo, Mozambique, (Madison, 1992); Steve Boucher, et al., Legal Uncertainty and Land Disputes in the Peri-Urban Areas of Mozambique: Land Markets in Transition, LTC Research Paper no. 121, (Madison, 1995).
Footnote 2: Maputo, Inhambane, Manica, Sofala, Tete, Cabo Delgado, Gaza, Nampula provinces.
Footnote 3: Dr. Myers is an Associate Scientist with the Land Tenure Center, University of Wisconsin-Madison. His areas of specialization include land tenure and divestiture (privatization), land tenure and democratization, and land tenure and refugee resettlement and reintegration. Dr. Myers has been the director of the Land Tenure Center Project-Mozambique since 1991. He was aided in the preparation of this report by three research assistants: Mr. Harry West, Mr. Scott Kloeck-Jenson and Ms. Julieta Eliseu, and by Ms. Jennifer Garvey a lawyer working as legal counsel for the Ministry of Mineral Resources, government of Mozambique. Mr. West, a doctoral student in Cultural Anthropology at the University of Wisconsin, worked for the Land Tenure Center in Madison and Mozambique before conducting his doctoral research in Northern Mozambique. Mr. West has been in Mozambique since 1993. Mr. Kloeck-Jenson is currently a project research assistant at the Land Tenure Center, completing preparations for his doctoral field research. He is a political scientist specializing in state/society and state/NGO relations. He will conduct his research in Mozambique on these themes in 1995. Mr. Kloeck-Jenson visited Mozambique for two weeks in March 1995 to participate in the preparation of this report. Ms. Eliseu has been the senior Mozambican research investigator associated with the Land Tenure Center Project in Mozambique since January 1992, and has participated in all phases of project research throughout the country. All views and conclusions are those of the author, and not necessarily those of the supporting or cooperating organizations, or research assistants. Deutsche Gesellschaft fur Technische Zusammenarbeit (GTZ) contracted and funded the respective consultant(s) for elaboration of this study (grant number 1-60131134), which is part of the sector project, "Relevance of land tenure for developing countries."
Footnote 4: World Bank Atlas, 1994. Washington D.C.: World Bank.
Footnote 5: Finnegan, William. 1992. A Complicated War: The Harrowing of Mozambique. Berkeley: University of California Press. Urdang, Stephanie. 1989. And Still They Dance: Women, War and the Struggle for Change in Mozambique. New York: Monthly Review Press.
Footnote 6: See Hanlon, Joseph. 1984. Mozambique: The Revolution Under Fire. London: Zed; see also Myers and West, 1995. "A Piece of Land in a Land of Peace? Regime Transition, State Farm Divestiture and the Politics of Land Access in Post-War Mozambique" (forthcoming); World Bank. 1990. "Mozambique Restoring Rural Production and Trade." Report No. 8370-Moz. Washington, D.C.: World Bank; and World Bank Atlas, 1994; Bowen, Merle. 1993.
Footnote 7: See Hanlon, Joseph. 1984. Mozambique: The Revolution Under Fire. London: Zed; see also Myers and West, 1995. "A Piece of Land in a Land of Peace? Regime Transition, State Farm Divestiture and the Politics of Land Access in Post-War Mozambique" (forthcoming); World Bank. 1990. "Mozambique Restoring Rural Production and Trade." Report No. 8370-Moz. Washington, D.C.: World Bank; and World Bank Atlas, 1994; Bowen, Merle. 1993.
Footnote 8: The findings of the Land Tenure Center project are presented in greater detail in a number of publications: Gregory Myers and Harry West, Land Tenure Security and State Farm Divestiture in Mozambique: Case Studies in Nhamantanda, Manica, and Montepuez Districts, LTC Research Paper no. 110 (Madison, 1993); Christopher Tanner, Gregory Myers and Ramchand Oad, Land Disputes and Ecological degradation in an Irrigation Scheme: A Case Study of State Farm Divestiture in Chokwe, Mozambique, LTC Research Paper no. 111 (Madison, 1993); Gregory Myers, Julieta Eliseu and Erasmo Nhachungue, Security, Conflict, and Reintegration in Mozambique: Case Studies of Land Access in the Post-War Period, LTC Research Paper no. 119 (Madison, 1994); Myers 1994; Gregory Myers, Land and Resettlement in Post-War Mozambique: Capacity and Individual Choice (Madison, 1992); Harry West and Gregory Myers, "Legitimidade politica a nivel local e seguranca de posse da terra," Extra, (Maputo: Centro de Formacao Agraria), 10 (1992), pp. 34-39; Gregory Myers and Christopher Tanner, "Direitos de propriedade e conservacao ecologica,"Extra, 10 (1992), pp. 26-33; and Gregory Myers, Land Tenure Issues in Post War Mozambique: Constraints and Conflicts (Madison, 1993)
Footnote 9: "Intervention" did not constitute the legal seizure of land and capital assets. Colonial landholders remained the nominal owners of the property and assets they had abandoned until, in 1987, a provision in the Land Law Regulations (Article 79) gave them three years in which to "reactualize" their titles or give up claim to their lands. This has, in recent years, further complicated issues of tenure on former colonial lands. For a more detailed treatment of the process of intervention on abandoned colonial landholdings, see Myers and West 1993, pp. 5-8; for a legal discussion of the complications of intervention versus nationalization, see John Bruce, Land Policy and State Farm Divestiture in Mozambique (Madison, 1990), pp. 6-9 and 19-21; also Jennifer Garvey, legal counsel to the Ministry of Mineral Resources, 1994, personal communication.
Footnote 10: For a more detailed discussion see Myers, Gregory. 1994. "Competitive Rights, Competitive Claims: Land Access in Post-War Mozambique." Journal of Southern African Studies 20(4): 603-32; and Myers and West 1993.
Footnote 11: See Myers, Eliseu and Nhachungue 1994; West and Myers 1995; and Tanner, Myers and Oad 1993.
Footnote 12: Ibid.
Footnote 13: Personal communication with the author.
Footnote 14: The new Land Commission by ministerial diploma consists of technicians from the former Ad Hoc Land Commission (CahT), the Technical Committee for Land Use (CTUT), the MOA's Agricultural Pre-Program (MAP), the Project for the Rehabilitation and Development of the MAP's Agricultural Services, the National Institute for Agronomic Research (INEA), the National Directorate for Geography and Survey (DINAGECA), National Directorate for Forests and Game (DNFFB), the National Institute for Rural Development (INDER) , as well as representatives from the following ministries: State Administration, Mineral Resources, Environment, Public Works and Housing, Justice, Planning, and Cooperation.
Footnote 15: See Newitt 1995; and Rene Pelissier. 1984. Naissance du Mozambique. 2 vols. Orgeval: Pelissier.
Footnote 16: See Geffray, Christian. 1991. A Causa das Armas: Antropologia da Guerra Contemporanea em Moçambique. Translated by Adelaide Odete Ferreira. Lisbon: Edições Afrontamento.
Footnote 17: This view has been articulated by numerous officials at all levels of government. It was most recently publicly argued at the Second National Land Conference in May 1994. See Gregory Myers and Ricky Weiss, Proceedings: Second National Land Conference in Mozambique (Madison, 1994).
Footnote 18: Portions of this section were contributed by Jennifer Garvey.
Footnote 19: Law 6/79 of July 3, 1979 as amended by Law 1/86 of 16 April.
Footnote 20: Decree no.16/87 of July 15, 1987.
Footnote 21: This Constitution was superseded by the 1990 Constitution and is therefore no longer in force. However, the provisions concerning the State's ownership of all land and control of its use and enjoyment were maintained in the 1990 Constitution.
Footnote 22: Article 8 of the 1975 Constitution stated, "The land and natural resources in the soil and subsoil ... are the property of the state."
Footnote 23: Article 41.2 of the 1990 Constitution.
Footnote 24: Article 3 of Law 6/79 of July 3 (Land Law).
Footnote 25: Because of the delay in passage of the Regulations, the dispositions of the Land Law, lacking an operational base, remained unimplemented, except perhaps to the extent that they coincidentally were reflected in the government's economic and agricultural policy and program of that period. The result was that no licenses or other individual rights in land were given legal recognition during this period.
Footnote 26: There are many discrepancies and contradictions within the Land Law and the Land Law Regulations which render unlicensed family sector land tenure quite precarious and insecure. To give just one example, the Land Law Regulations define as an area which is free or available that which is not subject to a license (see articles 1 and 28 of the Regulations) ignoring completely rights supposedly guaranteed and secured by virtue of occupancy of the land.
Footnote 27: Under Mozambican legal doctrine, property law as a discipline applies to all things including land and other forms of property. There are certain rights such as servitudes which only apply to land. The distinction made in anglo-saxon law between personal property rights and real property rights does not exist as such under Mozambican law. For example a license under Mozambican law is the authorization or permission to use something which belongs to another or which otherwise is prohibited. Under anglo-saxon law a license is defined as a personal right and accordingly confers no right in land. The concepts underlying the terms are quite distinct, while sharing the similarity of being a limited or partial right. Again similar to anglo-saxon law, the right to use (direito de uso), to enjoy (direito de gozo/usufruto) and to benefit (direito de fruição) are limited rights or the several parts which constitute the full right of ownership.
Footnote 28: According to the 1975 Constitution and the Land Law, land cannot be sold, alienated under any form, rented (leased), mortgaged or encumbered. This disposition appears also in the 1990 Constitution minus the word "rented" (arrendada). Whether this change was intentional or by omission, the result is that there is no longer any bar to persons sub-leasing or renting out land/real property in respect of which they hold the license or use rights.
Footnote 29: The exercise of this authority is broadly discretionary. Under article 50 of the Regulations, a family occupancy (as opposed to a licensed occupancy) may be evicted in the public interest (a relatively well-defined standard) or merely for the State's convenience (a standard which has no jurisprudential or legal definition and is quite vague). Under article 36 of the Land Law any right of land use and enjoyment may be terminated if there is the need to use the land for other purposes (also a vague undefined standard). Conversely article 86 of the 1990 Constitution provides that the State may only take property for the use and in the interest of the public. The
Footnote 30: See Jennifer Garvey, "Mozambique's Land Law: Contradictions within the Legislative Framework," In Ricky Weiss and Gregory Myers, eds, Second National Land Conference in Mozambique, Maputo 25-27 May 1994: Briefing Book, (Madison, 1994).
Footnote 31: See Bruce 1990; Michael Roth, Steve Boucher and Antonio Francisco, Land Markets, Transaction Costs, and Land Use in the Peri-Urban Green Zones of Maputo, Mozambique, (Madison, 1992); Steve Boucher, et al., Legal Uncertainty and Land Disputes in the Peri-Urban Areas of Mozambique: Land Markets in Transition, LTC Research Paper no. 121, (Madison, 1995); Myers 1993; Myers, West and Eliseu 1993; Michael Roth, Antonio Francisco, and Steve Boucher, "Emerging Land Markets and Land Conflicts in the Peri-Urban Green Zones of Maputo: The Discord between Law and Practice," in Weiss and Myers 1994; Margarida Martins, "Presentation to the National Seminar on Land in Mozambique," in Weiss and Myers 1994; Garvey 1994; Virgílio Ferrão, "State Land Apparatus in Mozambique," in Weiss and Myers, 1994; Myers and Weiss 1994; and Joao Carrilho, former Chief, Ad Hoc Land Commission, Ministry of Agriculture, Maputo, personal communication, April 1992 and December 1993.
Footnote 32: Government is divided into several levels, four of which will be discussed in this report: central, provincial, district and locality or post.
Footnote 33: See Myers and Weiss 1994.
Footnote 34: See also Boucher, et al. 1995; Roth et al. 1994; Roth et al. 1992. Research conducted at the University Eduardo Mondlane has also added to our knowledge of informal land markets in several rural areas of the country. See for example Jose Negrão. 1995. One Hundred Years of Africa Rural Family Economy. University of Lund, Ph.D. Thesis.
Footnote 35: See Myers, Eliseu, and Nhachungue 1994; and Jocelyn Alexander, Land and Political Authority in Post-War Mozambique: Notes from Manica Province (Madison, 1994).
Footnote 36: See Margaret Hall, "The Mozambican National Resistance Movement (RENAMO): A Study in the Destruction of an African Country." Africa, 60, 1990: 39-68; Vines, Alex. 1991. RENAMO Terrorism in Mozambique. Bloomington, IN: University of Indiana Press; Geffray 1991; and Finnegan 1992.
Footnote 37: Portions of this section were contributed by Scott Kloeck-Jenson.
Footnote 38: For a list of international and Mozambican NGOs that have either incorporated tenure concerns into their projects or have plans to do so in the near future, see appendix 2.
Footnote 39: For an illuminating account of the experience of this community and reflections on the current state of the country's land laws, see Pereira, Carlos Raposo and Rui Baltazar dos Santos Alves. 1994. Reflexões sobre o regime jurídico da terra. Maputo: Central Impressora, Ministério da Saúde, República de Moçambique.
Footnote 40: Portions of this section were written in collaboration with John Unruh, Research Associate for the Land Tenure Center, currently working with the Land Tenure Center Project - Mozambique.