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

This report by Natural Justice provides a comprehensive review of Mozambique's legal and policy frameworks regarding the rights of local communities and indigenous peoples to land and natural resources. It examines the tension between progressive laws, such as the 1997 Land Law, and a trend toward 're-concentration' of power by the State to facilitate large-scale extractive and agricultural investments. The document highlights systemic failures in community consultation, the marginalization of community-based natural resource management (CBNRM), and the impact of resettlement projects in the mining sector.

• Mozambique does not recognize 'indigenous peoples' as defined in international law, as the original bushman populations were displaced by Bantu immigration between 200-300 AD.
• The Land Law (Law n. 19/97) is a progressive instrument that recognizes the right to use and benefit from land (DUAT) through customary occupation by local communities, regardless of whether a formal title has been issued.
• There is a documented trend of 're-concentration' of power where the State uses decrees to weaken the Land Law and centralize decision-making, specifically through Decree 50/2007 which complicated the DUAT titling process for larger areas of land.
• The Mining Law (Law n. 14/2002) contains a controversial provision (Article 43, n. 2) that gives priority to mineral operations over all other land uses if the economic and social benefits are deemed superior, which the report describes as unconstitutional.
• Community consultation processes are often treated as a formal requirement without genuine participation, frequently resulting in 'land grabbing' where communities only realize land loss after fencing or machinery arrives.
• The Biodiversity Conservation Law (Law n. 16/2014) introduces a framework for 'community conservation areas' and sustainable use, though the report notes that the creation of the National Administration of Conservation Areas (ANAC) further centralizes power.
• The 'Tchuma Tchato' project, Mozambique's first community-based natural resource management (CBNRM) initiative started in 1995, has largely failed due to a lack of genuine power devolution, insufficient funding, and the State's continued control over decision-making.
• 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 for mining projects, specifically the Vale/Rio Tinto project in Moatize, Tete Province, have been marred by inadequate compensation, poor housing quality, and the use of police force (Rapid Reaction Force) to repress protesters.
• The government responded to resettlement failures by approving Decree n. 31/2012, which establishes the 'Regulation on the Resettlement Process as a Result of Economic Activities' to normalize the process and define minimum rights for affected people.

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} }