REVIEW OF NATIONAL LAWS AND POLICIES THAT SUPPORT OR UNDERMINE INDIGENOUS PEOPLES AND LOCAL COMMUNITIES MOZAMBIQUE

The report examines the tension between Mozambique's progressive legal frameworks, such as the 1997 Land Law, and a state tendency toward recentralization and the prioritization of extractive industries. While laws recognize customary land rights (DUAT), implementation is often hindered by bureaucratic hurdles, flawed community consultation processes, and legislation that gives mining operations priority over other land uses. The document highlights the failure of community-based natural resource management (CBNRM) initiatives like Tchuma Tchato due to lack of genuine power devolution and the negative social impacts of large-scale resettlement projects, such as those led by Vale in Tete Province.

• Mozambique's Land Law (Law n. 19/97) recognizes the right to use and benefit from land (DUAT) through customary occupation by local communities, and this right exists independently of a formal title issued by the state.
• A 2007 alteration to the Regulation of the Land Law (Decree n. 50/2007) has significantly hindered the process of community land titling by shifting decision-making power to central entities based on the size of the land, leading to a stagnation in the issuance of certificates.
• The Mining Law (Law n. 14/2002) contains a controversial provision that grants mining operations priority over all other land uses if the economic and social benefits are deemed superior, which the report argues is unconstitutional.
• Community consultation processes required by law are frequently manipulated or treated as mere formalities, often involving only community leadership rather than the broader population, which leads to land grabbing and conflict.
• The Biodiversity Conservation Law (Law n. 16/2014) introduces a framework for 'community conservation areas' and requires the previous consent of local communities before licensing resource exploitation to third parties in these areas.
• The Tchuma Tchato community-based natural resource management (CBNRM) project failed to achieve sustainable devolution of power, remaining a state-controlled program that eventually suffered from a lack of funding and deteriorating biodiversity.
• Large-scale agricultural projects, such as ProSAVANA in the Nacala Corridor, are criticized for threatening the land rights of small-scale farmers and risking the destruction of local food production systems.
• Resettlement processes associated with coal mining in Tete Province, specifically those involving the company Vale, were marked by inadequate compensation, poor housing quality, and a failure to apply the Land Planning Law (2007).

APA

Serra, C. (2014). REVIEW OF NATIONAL LAWS AND POLICIES THAT SUPPORT OR UNDERMINE INDIGENOUS PEOPLES AND LOCAL COMMUNITIES MOZAMBIQUE. Natural Justice. https://naturaljustice.org/wp-content/uploads/2015/09/Mozambique-Legal-Review.pdf

Chicago

Serra, Carlos. REVIEW OF NATIONAL LAWS AND POLICIES THAT SUPPORT OR UNDERMINE INDIGENOUS PEOPLES AND LOCAL COMMUNITIES MOZAMBIQUE. Natural Justice, 2014. https://naturaljustice.org/wp-content/uploads/2015/09/Mozambique-Legal-Review.pdf.

Wikipedia

{{cite report |last1=Serra |first1=Carlos |title=REVIEW OF NATIONAL LAWS AND POLICIES THAT SUPPORT OR UNDERMINE INDIGENOUS PEOPLES AND LOCAL COMMUNITIES MOZAMBIQUE |publisher=Natural Justice |date=December 2014 |url=https://naturaljustice.org/wp-content/uploads/2015/09/Mozambique-Legal-Review.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{serra2014review, author = {Serra, Carlos}, title = {{REVIEW OF NATIONAL LAWS AND POLICIES THAT SUPPORT OR UNDERMINE INDIGENOUS PEOPLES AND LOCAL COMMUNITIES MOZAMBIQUE}}, institution = {Natural Justice}, year = {2014}, month = dec, url = {https://naturaljustice.org/wp-content/uploads/2015/09/Mozambique-Legal-Review.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }