LTC Research Paper
Legal Uncertainty and Land Disputes in the Peri-Urban Areas of Mozambique:
Land Markets in Transition
by
Steve Boucher, Antonio Francisco, Laurel Rose, Michael Roth, and Fernanda Zaqueu
University of Wisconsin-Madison 175 Science Hall 550 North Park Street Madison, WI 53706 http://www.ies.wisc.edu/ltc/
Research Paper LTC Research Paper 121, U.S. ISSN 0084-0815 originally published in January 1995 LEGAL UNCERTAINTY AND LAND DISPUTES IN THE PERI-URBAN AREAS OF MOZAMBIQUE: LAND MARKETS IN TRANSITION
by Steve Boucher, Antonio Francisco, Laurel Rose, Michael Roth, and Fernanda Zaqueu*'
* Steve Boucher is a research assistant, and Michael Roth is an associate research scientist with the Land Tenure Center and the Department of Agricultural Economics, UniversityZaqueu* of Wisconsin-Madison. Antonio Francisco is a professor, and Fernanda is a research assistant with the Department of Economics, Eduardo Mondlane University. Laurel Rose is a consultant for the Land Tenure Center.
All views, interpretations, recommendations, and conclusions expressed in this publication are those of the authors and not necessarily those of the supporting or cooperating organizations.
LTC Research Paper 121 Land Tenure Center University of Wisconsin-Madison
January 1995
TABLE OF CONTENTS Page
List of boxes v List of figures v List of tables v
Dispute case index vii Interview index ix
Glossary of terms xi
Executive summary xv Resumo sumário xxi
1. Introduction 1
2. Overview and research methods 3 2.1 Permanent green zones 3 2.2 Survey design 3 2.3 Sampling frame 4 2.4 Research meth0ds 8 2.5 Caveats 8 2.6 Importance of the study 9
3. Land law 9
4. Land administration 11
5. Analysis of disputant case studies 13 5.1 Dispute configurations 13 5.2 Disputant characteristics 14 5.3 Dispute issues 16 5.4 Dispute processes 16
6. Disputant and bairro leader perceptions 17 6.1 Dispute causes 20 6.1.1 Contextual influences 20 6.1.2 National administration and policy 20 6.1.3 Local administration 21 6.1.4 Land affairs 22 6.2 Dispute Processes 6.2.1 National or local administration 6.2.2 Resolution procedures 6.3 Dispute policy 6.3.1 Contextual influences 6.3.2 National administration and policy 6.3.3 Local administration 6.3.4 Land affairs 6.3.5 Land resettlement 6.3.6 Land dispute processing 6.3.7 Community affairs
7. Conclusions and policy implications 25
Annex A Sampling frame for the peri-urban baseline survey 29
Annex B Landholder accounts (26 case disputants) 33
Annex C Leader accounts (9 interviews with bairro leaders) 37
Annex D Dispute case summaries 41
Annex E Secretary interviews 87
References 111
iv LIST OF BOXES Page
Box 1: Pressures of urbanization: An environment conducive to land disputes 2 Box 2: Land nationalization: A "just" policy that leads to land disputes? 10 Box 3: Land administration and history of Laulane: Preparing the way for land disputes 12
LIST OF FIGURES
Figure 1: Sampling frame, land conflicts study 4 Figure 2: Administrative map of the urban and peri-urban districts and bairros of Maputo 6 Figure 3: Land use map showing the peri-urban green zones (agricultural gardens) of Maputo 7
Figure Al: Schematic diagram of peri-urban sampling frame 32
LIST OF TABLES
Table 1: Summary of disputant characteristics, dispute issues,and processes 14 Table 2: Summary of landholder perspectives (26 disputants) on dispute causes, dispute processes, and dispute policy 18 Table 3: Summary of bairro leader perspectives (9 secretaries) on dispute causes, dispute processes, and dispute policy 19
Table Al: Residential characteristics of grid survey design 31 Table A2: Target population and sampling frame, Phase 1 of the household baseline survey 32
Table Bl: Summary of dispute causes 33 Table B2: Summary of dispute processing 35 Table B3: Summary of dispute policy 36
Table Cl: Summary of dispute causes 37 Table C2: Summary of dispute processing 38 Table C3: Summary of dispute policy 39
v
DISPUTEINDEX CASE Page
Case study no. 1: Land encroachment by elite man 43 Case study no. 2: Dispute over land and house ownership 45 Case study no. 3: Unauthorized construction of dwelling 47 Case study no. 4: Dispute over agricultural plot boundaries 49 Case study no. 5: Dispute over land and house ownership 51 Case study no. 6: Land confiscation by the state 53 Case study no. 7: Land encroachment and resettlement to prepare for police housing 55 Case study no. 8: Land encroachment by elite man 57 Case study no. 9: Land reallocation by authorities 59 Case study no. 10: Land grabbing subsequent to development 61 Case study no. 11: Resettlement caused by government appropriation of land 62 Case study no. 12: Resettlement caused by government appropriation of land 63 Case study no. 13: Land encroachment by war refugees 64 Case study no. 14: Land encroachment and resettlement to further commercial development 65 Case study no. 15: Land encroachment and resettlement to prepare for university student housing 67 Case study no. 16: Land grabbing by high-ranking official 68 Case study no. 17: Land plots allocated but occupied by squatters 71 Case study no. 18: Land confiscation by officials 73 Case study no. 19: Land sold but title withheld by previous owner 75 Case study no. 20: Land abandoned by foreigner and title unclear 76 Case study no. 21: Land encroachment by church group 78 Case study no. 22: Land claimed by heir of previous owner 79 Case study no. 23: Dispute over land inheritance 81 Case study no. 24: Dispute over residential plot borders 83 Case study no. 25: Reassertion of claim to nationalized houses 84 Case study no. 26: Dispute involving house squatting 85