Mangroves for Nature, Humans and Development MOZAMBIQUE – Legal Matrix on Mangroves' Conservation and Use

International obligations Ramsar Yes. Resolution n. 45/03; 05th November 2003 World Heritage Convention Yes. Resolution n. 17/82; 13th November 1982 Convention on Biological Yes. Resolution n. 2/94; 24th August 1994 Diversity Is the State a party to any of these UNCLOS Yes. Resolution n. 21/96, 26th November 1996 conventions? UNFCCC/ Paris Agreement Yes. Resolution n. 23/17, 7th November 2017 Regional Agreements Yes. SADC Forest Protocol Yes. CITES. Resolution n. 20/81; 30/12/1981 which was then Others regulated by Decree n.34/2016; 24th August

Yes, Mozambique has 02 Ramsar sites: Niassa Lake Resolution n. 67/2011, 21st December and Marromeu Are there Ramsar sites including Complex (In 2003 when Mozambique ratified RAMSAR Convention indicated that 1.2 million hectar will mangroves in the country? be proposed as a wetland of international importance under RAMSAR Convention).

Are there World Heritage Sites No. including mangroves in the country? No. Althought the rationale to develop intended national determined contributions, goals, and impact and Do the Nationally Determined climate changes vulnerabilities could predict that mangrove restoration and conservation would be Contributions of the country relate to listed as an action along the National Action Plan. mangroves? However, some programs and policies listed as a contribution for mitigation contribution may concur to relate indirectly to mangroves e.g. the Decree n. 23/2018, 3rd May regarding the implementation of REDD+ Program states as one of the objective to promote the conservation and restoration of

Mangroves for Nature, Humans and Development, MOZAMBIQUE – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 1 degraded ecosystems and natural resources and value their ecosystem services and environmental factors. There is no a system in place for carbon accounting. How is carbon accounting conducted?

Constitution and governance Yes. There are several constitutional provisions deemed directly relevant to mangroves and others of indirect relevance, namely: Art. 4 (Legal pluralism) - The State recognizes the various normative and conflict resolution systems that coexist in Mozambican society, insofar as they do not contradict the fundamental values and principles of the Constitution. Art. 45 (Duties towards the community) - Every citizen has a duty to: (j) to defend and conserve the environment; (g) to defend and conserve the public and community good. Art. 90 (Right to the environment) – (1) All citizens have the right to live in a balanced environment and their duty to defend it. (2) The State and local authorities, with the collaboration of environmental associations, shall adopt environmental policies and ensure the rational use of all natural resources. Art. 98 (State property and public domain) - Natural resources located in the soil and subsoil, in inland waters, the territorial sea, the continental shelf and the exclusive economic zone are State property. Is there any constitutional provision Art. 102 (Natural Resources) - The State promotes the knowledge, inventory and valorization of natural relevant to mangroves? resources and determines the conditions of their use and exploitation in order to safeguard national interests. Art. 117 (Environment and quality of life) – (1) The State promotes initiatives to ensure the ecological balance and conservation and preservation of the environment aiming at improving the quality of life of citizens. (2) In order to guarantee the right to the environment in the context of sustainable development, the State shall adopt policies aimed at: (a) prevent and control pollution and erosion; (b) integrate environmental objectives into sectoral policies; (c) promote the integration of environmental values into educational policies and programs; (d) ensuring the rational use of natural resources, safeguarding their capacity for renewal, ecological stability and the rights of future generations; (e) to promote spatial planning with a view to the correct location of activities and balanced socio-economic development.

Mangroves for Nature, Humans and Development, MOZAMBIQUE – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 2 Yes.  Access to Justice: Article 62 (Access to courts) - (1). The State guarantees citizens access to the courts and guarantees the defendants the right to defense and the right to legal assistance and judicial patronage. (2) Defendant has the right to freely choose his or her defense counsel to assist in all acts of the case, and for those, who, for economic reasons, can not afford to contract, a lawyer will be provided for adequate legal assistance and judicial patronage. Article 21 of Environmental Law (access to justice)-

 Access to information: Mozambique has adopted the Law No. 34/2014 of 31 December, Law on the right to information which is a basic law regarding the access to information. This law establishes applicable principles, obligations and limitations to access relevant information for public interest. Article 19 of Environmetal Law (rights to information) states thatt everyone has the right to access Are access to information, access to information related to the country's environmental management, without prejudice to the rights of justice and public participation legally protected third parties. recognized by the law?

 Public participation: The Resolution no. 63/2009, 02nd November, which aproves the Conservation Policy and Strategy for its Implementation establishes the principle of public participation in management and benefit sharing as a right of all to be involved in the decision-making processes throughout the value chain of conservation and sustainable use of natural resources natural products this principles is reitareted by the Law n. 05/2017, 11th May which amends and republishes the Law n. 16/2014, 20th June, regarding the Protection, Conservation and sustainbale use of biodiversity; For that purpose the above Policy and Strategy set as one of its objective to train community managers to effectively participate in natural resource management to ensure the implementation of development strategies towards sustainable use of resources and responsible conservation (art. 4).

Decree n. 18/2008, 1st July, regarding territorial ordinance regulation explicitly guarantees public participation of citizens, local communities and legal persons, public and private, throughout whole

Mangroves for Nature, Humans and Development, MOZAMBIQUE – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 3 process of drafting, implementing, amending and reviewing of spatial planning instruments. The effectiveness of public participation is secured through consultation and public hearing, requests for clarification, formulation of suggestions and recommendations, interventions in public meetings, request for holding public hearings. These consultations occur during the drafting process of land use planning instruments at all three levels.

Art.4/f and i) of Decree n. 23/2018, 3rd May, imposes mandatory and timely consultation of the communities involved in REDD + activities as part of the active participation of the various social actors in their implementation and maintenance and also establishes, as a principle, that informed, full and effective participation in the management and monitoring of REDD+ activities of the different social groups, communities, NGOs, the private sector and Government that play an important role in conservation of natural ecosystems and which are involved or carried out by the Programs and Projects of REDD+; Similarly the art. 15 of Decree n. 54/15 (EIA), 31st December establishes extensive provisions regarding the public participation during entire process towards environmental licencing of an activity being mandatory for activity with category A+, A and B. It is important to note that there is a General Directive on public participation on EIA (Ministerial Diploma n. 130/2006) approved by the Government.

Resolution n. 63/2009, 2nd November, which approves the Conservation Policy and Implementation Strategy.

Resolution n. 8/97, 1st Abril, regarding the approval of the Policy and Strategy for the Development of Forests and Wildlife which is a guiding tool for the efforts of the different stakeholders to contribute What are the national policies / to the economic, social and ecological development of the country through the protection, strategies related to mangroves or conservation and sustainable use of forest and wildlife resources. coastal ecosystem?

Resolution n. 39/2017, 14th de September, which approves Ocean Policy and its Strategy setting out the solutions to the focal problem related to low economic, social and environmental benefits caused by inadequate planning, poor supervision and poor coordination of access, use and exploitation of natural capital at sea and coastal areas.

Mangroves for Nature, Humans and Development, MOZAMBIQUE – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 4 Resolution n. 10/95, 17th October, regarding the approval of the National Land Policy and its Implementation Strategies with a view, in particular, to the maintenance of land as State property in compliance with the Constitution, the guarantee of access and use of land by the population as well as investors, in recognition of the rights to access and management of the lands of resident rural populations promoting economic and social justice in the countryside and the sustainable use of natural resources.

Resolution n. 28/2009, 8th June, which approves the Strategy for the Application and Dissemination of Alternative Construction Materials and Systems, which aims to promote the art of building, using production and construction techniques with alternative materials and systems, in order to guarantee safety, comfort and durability of the infrastructures, reducing the construction costs and contributing to job creation, innovation and wealth in the country.

Institutions and processes Coastal, Lake and River Police - which is responsible to (a) guarantee the public order, security and tranquility in the maritime, lacustrine and fluvial spaces; (b) exercise policing and coastal security and inspections of persons and property in the areas under its jurisdiction; (c) prepare the necessary resources for the defense, control and surveillance of coastal and inland waters, in coordination with the Navy of the Armed Forces of Mozambique and other institutions of the coastal administration; (g) ensure technical support for investigation and prosecution in all infringements in the areas within its jurisdiction. What are the institutions that have authority regarding mangroves? National Agency of Conservation Areas – ANAC- according to the Conservation Law, the protection, conservation, preservation, sustainable use, transportation and handling of the resources subject of this Law are subject to supervision aiming to prevent and combat the performance of any activities that disturb the harmony of the nature, throughout the national territory, especially in the areas of conservation and their buffer zones, and are exercised by state agents, community agents and sworn inspectors.

Mangroves for Nature, Humans and Development, MOZAMBIQUE – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 5 Forest Inspectors - Discipline the activities of conservation, use and management of forest and wildlife resources. Forestry and wildlife inspections are carried out not only by forest and wildlife inspectors, also by sworn inspectors and community agents in accordance with the terms and conditions to be set.

Fisheries Inspector - ensure the control of coastal and offshore fishery activities. There is a mangrove crab collection activity occurring in these areas and although fisheries inspector do not supervise directly mangroves, they may confiscate any mangrove cut including arrest a person and present him to the Police for due legal action as they are permited by Presidential Decree n. 17/2015, 25th March to monitor activities for the economic exploitation of living and non-living natural resources at sea and inland waters. Public Prossecutors - defend the interests determined by law, control the legality, lead criminal cases and carry out the criminal action.

Yes.

A number of ministries have direct and indirect responsibility for the preservation of biodiversity, in particular mangrove areas including the Ministry for Land, Environmental and Rural Development, the Ministry for Public Works and Housing, the Ministry for Tourism, the Ministry for Agriculture and Food Security, the Ministry of Sea Inland Water and Fisheries, the Ministry for Education and Culture and the Are there mechanisms for cross Ministry for Mining Resources and Energy. agency coordination? There is an advisory body of the Council of Ministers, the National Council for Sustainable Development (CONDES), which allows for the coordination of various sectoral interests around the use of natural resources to ensure sustainable development. Nevertless, the current institutional coordination still leads to situations where projects contradict national and international commitments on mangrove conservation.

What is the decision making process Three levels of decision making process related to mangroves are foressen namely: for activities related to mangroves?

Mangroves for Nature, Humans and Development, MOZAMBIQUE – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 6  The Governor of the Province has the competence to create conservation areas smaller than 1000 hectares or authorize restoration requests for use and use of land in areas up to a maximum of 1000 hectares;  The Minister oversees the conservation areas after hearing the relevant ministers, authorizes areas greater than 10,000 or authorizes restoration requests for use and use of land in areas up to a maximum of 10 000 hectares;  The Council of Ministers, based on a recommendation from CONDES, authorizes areas above the competence of the Minister and authorizes restoration requests for use and use of the land from areas beyond the competence of Ministry.  The Law n. 5/2017, 11th May, establishes the conservation compensation mechanisms for those who exploit natural resources in the conservation areas or their buffer zone, and impose that they should contribute financially for the protection of biodiversity in the respective conservation area as well as compensate their impacts to ensure that there is no net loss of biodiversity. The compensation mechanisms for conservation effort are defined by Decree n. 18/2018, 3rd May, as part of the Is there guidance for cost benefit implementation of the programs and projects reduction of emissions from deforestation and forest analysis? degradation, conservation and increase of carbon reserves (art 7). Still there is a long way to have a clear guidance for cost benefit analysis which would consider the value of ecosystem functions and services, including but not limited to, economic valuation of mangrove ecological services.

At what level are decisions made The decision are made at the level of District, Provincial, Ministerial and Counsil of Minister level. (local, regional, and national)? Decree n. 54/15 (EIA), 31st December, establishes that the competent authority for EIA is responsible for monitoring the impacts and recommend changes in categorization of the activity and all environmental impact studies are subject to revision. It is important to note that Decree n. 23/2018, What are the mechanisms for 3rd May, institutionalize National Fund for Sustainable Development (FNDS) as competent monitoring and review? government authority responsible to evaluate annual monitoring reports on activities of the registered REDD + Programs and Projects.

Mangroves for Nature, Humans and Development, MOZAMBIQUE – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 7 Permitting and planning regulations Yes. The first step in an EIA in Mozambique involves categorization of projects (with different requirements for EIA rigor) on the basis of preliminary screening information submitted. This information includes biodiversity values of the proposed area as well as project-specific information. Under Decree n. 54/2015, 31st December there are four categories, A+, A, B, and C. Category C is used for projects for which there are no expected significant impacts, while B is for activities with less significant impact. The activities categorized as A and A+ (where Mangrove is included) are the ones with significant and complexity and irreversibility and possible great impact require a mandatory EIA pre-assessement study (art. 8). Are there Environmental Impact The annex I- Category A+ include activities located in areas with a high biodiversity value, namely: Assessment requirements when it  Habitats of significant importance for species that are critically endangered and / or endangered comes to projects in mangrove areas? under national or international legislation;  Habitats of significant importance for endemic and / or restricted-action species;  Habitats of significant importance for protected species in the country;  Habitats that provide conditions for the existence of significant concentrations of migratory and / or congregational species;  Highly threatened and / or unique ecosystems;  Areas associated with key evolutionary processes such as mangrove.  Activities whose implementation directly affects mangroves and wetlands where they are affected in an area exceeding 1 ha.

Yes. Is it necessary to obtain a permit to There are EIA requirement, which comprise: an EIA pre-feasibility study, definition of scope, terms of conduct such projects and if yes what reference, EIA study. According to art. 20 (Licensing Steps) of Decree n. 54/2015, 31st December, any is the process? activity listed on Category A+, A, B and C are subject to an environmental License.1 The environmental licensing process consists of three stages, namely:

1 Defined as a certificate confirming the environmental feasibility of a proposed activity, issued by the entity that oversees the environmental matters, through the competent bodies for this purpose.

Mangroves for Nature, Humans and Development, MOZAMBIQUE – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 8 a) Issuance of the Provisional Environmental License (optional) - after approval of the pre feasibility study and definition of the scope including the EIA. b) Issuance of the Environmental Installation License - license issued after approval of the EIA Study and presentation of the approved Resettlement Plan, in case where it is necessary. c) Issuance of the Operation Environmental License - license issued after verification / survey of full compliance with the EIA versus built project and full implementation of the Resettlement Plan, when necessary. The payment of the environmental licensing fee is made after the approval of the Environmental Installation License. It is prohibited to start the operation of any activity without the Operation Environmental License.

Yes. The Five-Year Government Program (2015-2019) has, as one of its five priorities, "to ensure the sustainable and transparent management of natural resources and the environment". This objective includes a wide range of actions for the conservation of forests and ecosystems in general, the promotion of sustainable management as well as the integration of communities in the development process.2

The Conservation Policy and Implementation Strategy (Resolution n. 63/2009, 2nd November) requires A re there planning laws related to during the approval process of new Conservation Areas, a description of the level of compatibility of mangroves? existing uses and conservation objectives, as well as the economic costs associated tto changes in these uses under conservation management. The approval of new Conservation Areas should take into account and include the compensation for lost use rights. This particular provision is relevant when it comes to Conservation Areas that include mangrove areas.

The Fisheries Law n. 22/2013, 1st November considers as a violation the use of mangrove areas for the installation of crop tanks including slaughter for other purposes without their replacement on the other hand the Water Policy safeguard necessary waters flows for fishing, in terms of rivers and

2 MITADER, National Strategy for Reducing Emissions from Deforestation and Degradation Forestry, Forest Conservation and Increased Carbon Reserves Through of Forests (REDD +) 2016-2030.

Mangroves for Nature, Humans and Development, MOZAMBIQUE – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 9 estuaries, and water quality when drafting either in national basins or in basins, since these flows have a major impact on the fish volumes.

The Law n. 19/2007, 18th July regarding territorial ordinance (art.7) requires that natural resources and protected areas are respected during the land-use planning. On the other hand the same document establishes the Special Plans for Spatial Planning, which establish the parameters and conditions for the use of zones, with spatial, ecological continuity of an interprovincial scope. Mangrove legislation Yes. Most of the laws does not mention specifically the use of mangrove or its alteration. Nevertheless, the Fisheries Law n. 22/2013, 1st November, is one of the Law which specifically prohibits to cut mangroves for the establishment of crop tanks, including harvesting for other purposes without their replacement, Is there a legislation specifically (art. 101) imposing respective sanctions which will be analysed vis a vis Penal Code. The Maritime addressing the use or the alteration of Fisheries regulation foresses the possibility of mangrove crab fishery and sets a respective minimum mangroves? size. The Forest Law (art. 27) referring to forest plantations for conservation purposes establishes the promotion of the recovery of degraded areas through forest plantations for fragile ecosystems and in protected zones, it is not allowed to convert degraded area for another purpose or use. It must be restored to its previous condition.

Sectoral laws According to its potential, location and form of use, the National Forest Heritage is classified by Forest Law n. 10/99, 7th July, as (a) conservation forests: consisting of plant formations located in protection zones and subject to a special management regime; (b) productive forests: constituted by plant formations of high forest potential, located outside the protection zones; (c) multi-use forests: What provisions of the forest consisting of plant formations located outside protected areas and with low forest potential; On the legislation apply to mangroves? other hand the same Forest Law (art. 27) referring on forest plantations for conservation purposes establishes the promotion of recovery degraded areas through forest plantations of fragile ecosystems and in protected zones, it is not allowed to convert degraded area for another purpose or use. It must be restored to its previous condition.

Mangroves for Nature, Humans and Development, MOZAMBIQUE – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 10 Decree n. 45/2006, 30th November which approves the Regulation for the Prevention of Pollution and Protection of the Marine and Coastal Environment on its art. 62 (Native coastal flora) prohibits the forestry exploitation within the areas covered by the Regulation except for scientific research purposes, What provisions of the marine or when it has to be authorized by the Minister. However, local communities have the right to exploit coastal legislation apply to native species of flora in the areas that are the subject to this Regulation, provided that it is carried out mangroves? in accordance with Decree n. 12/2002, 6th June (Regulation of the Law of forests and wildlife) and that such areas are not degraded.

While the Decree n. 45/2006, 30th November which approves the Regulation for the Prevention of Pollution and Protection of the Marine and Coastal Environment inserted mangroves on a category of Partial Protected Areas, the Conservation Law n. 5/2017, 11th May consider two types of conservation What provisions of the protected areas: Areas of total conservation and for sustainable use. The first are considered as areas of public areas legislation apply to mangroves? domain, aimed at the preservation of ecosystems and species without the authorization of extracting resource.

Water Policy safeguards necessary waters flows for fishing, in terms of rivers and estuaries, and water quality when drafting either in national basins or in basins, since these flows have a major impact on the in fish volumes With regards to wetlands, it is related to the Decree n. 45/2006, (art. 65) that prohibits: (a) any type of What provisions of water and discharge of pollutants into wetlands without waste water having been previously treated and wetlands legislation apply to complying with legally established environmental quality standards; (b) the introduction of new or mangroves? exotic species; c) Realization of uncontrolled fires; (d) Forest exploitation and agro-livestock activities that imply the loss of its quality in more than 15% of the area explored; The art. 66 of the above referred regulation recognizeaa mangroves as part of partial protection zones measured from the line of maximum highs up to 100 meters to the interior of the territory.

Industry laws Natural resources and water bodies are considered of public domain by the Fisheries Law n. 22/2013, What provisions of fisheries legislation 1st November which also regulates the use of these resources, in particular the fisheries resources apply to mangroves? whose habitats is mangroves (e.g. small scale crab fisheries). Aside to that the Fisheries Law addresses

Mangroves for Nature, Humans and Development, MOZAMBIQUE – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 11 mangroves on its art. 101 that prohibits to cut mangroves for the establishment of crop tanks including harvesting for other purposes without their replacement, imposing financial penalties and imprisionment when the situation embodies crime under the penal code.

The Aquaculture regulation approved by Decree n. 35/2001, 13th November second the Fisheries Law provision as it establishes in art. 26 the prohibition of transforming mangrove areas into an aquaculture What type of regulation applies to facility except if it is for the construction of a water pumping station, anchorage and for water inlet protect mangroves from aquaculture channel to fixed installations on land, which shall be provided for in technical and environmental impact conversion? studies in compliance to the relevant legislation. In case of mangrove loss, investors should compensate by planting an area corresponding to the size of the cleared area.

According to Resolution n. 10/95, 17th October which approves the National Land Policy and its Implementation Strategies, Mangroves areas are protected by nature and part of public domain and consequently can not be used for agricultural purpose. According to this Policy, only the land classified as Type A (Featured by dense occupation and use and with various types of users. Usually users of this type of resources have greater access to the market, and the capacity to expand these resources is What provisions of the agriculture limited. Here the urgent problems to solve are the conservation, security of possession and/or use) and legislation apply to mangroves? Type B (Resources with little occupation and use, usually by the family / craft sector and usually with poor access to the market. In this type of resources, the problem is to guarantee the access and the security of possession and / or future use) can be used for agriculture and Mangrove are part of Type C where the resources are protected or to be protected and respective exploitation forbidden.

Taking into consideration that mangrove areas are by nature and legally protected, Mining Law n. 14/2002, 26th June does not explicity refer to mangroves but imposes to all mining right holders to comply with the requirements of environmental protection, management and restoration assuming What provisions of mining legislation that this is applicable in areas classified as Type A and B under the Resolution n. 10/95, 17th October apply to mangroves? National Land Policy and its Implementation Strategies.

Mangroves for Nature, Humans and Development, MOZAMBIQUE – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 12 Land tenure Of particular importance when it comes to planning laws related to mangrove is the Resolution n. 10/1995, 17th October, on National Land Policy and its Implementation Strategies which ensurse the rights of Mozambicans with respect to the right of access to land and recognizes customary rights and the customary land adjudication / management system in the areas indicated. State owned (leases, Equally, it classifies the land use areas as type A, B, C, D, with type C areas What type of land tenure apply to concessions…) consisting of resources protected or to be protected, the exploitation of which mangroves? is in principle forbidden, except in cases of projects foreseen in the plans directors. In the Type C areas, because they are protected areas, any transfer of titles will be forbidden, except for areas that may be identified as being for the implementation of projects foreseen in the Government's master plans.

Privately owned (are Mangroves can´t be privately owned. there restrictions?) Community management Yes. Decree n. 23/2018, 03rd May, recognizes the values and respects the rights and local knowledge including the modus vivendi of the communities, promotion, recognition and respect for constitutional, legal and customary rights associated with the use of the natural resources by local communities, with emphasis on gender. The legal framework establishes a mandatory requirement Are there customary or community How does the of 20% on investor incomes return to the communities where the natural legal systems? system work? resources exploitation is occurring (Ministerial Diploma n. 93/05, 4th May).

The Forest Law n. 10/99, 07th July on its art. 31 establishes the participatory management allowing local resources management councils, consisting of representatives of local communities, private sector, associations and local authorities of the State. These councils are established in view to protect, conserve and promote the sustainable use of forest and wildlife resources.

Mangroves for Nature, Humans and Development, MOZAMBIQUE – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 13 Yes. The Environmental Law n. 20/97, 1st October, Art. 30 recognizes the role of local communities and as such the government promotes community agents Recognized in for law enforcement. On the other hand there are a series of provisions on statutory law Decree n. 23/2018, 03rd May which recognizes the role of communnities in particular giving them the right to propose REDD+ projects. Not recognized in No. statutory law Yes. Decree n. 23/2018, the REDD+ Program regulation, 03rd May, art. 4/e recognizes the rights of local communities for territorial and environmental Legislation Can communities hold rights to management. manage mangroves? No. Agreement

Economic regulations In fact mangroves represent a protected area and as such, in principle, there is no investment law provision directly applicable to mangroves. The Code of Tax Benefits approved by Decree n. 16/2002, 27th June, establishes (art. 33) that the new enterprises located in the geographic areas known as Rapid Development Zones (ZRD)3 shall enjoy the tax benefits and the activities eligible for tax benefit are (a) Agriculture; (b) Forest exploitation and (c) Aquaculture. Considering that there are mangrove habitats Are some investment law provisions in these province, in principle we should understand that those benefits are not applicable when the relevant to mangroves? investiment is targeting mangrove areas which are subject to special protection from Environmental Law, Forest Law and Environmental Impact Assessment procedures. The Resolution n. 10/95, 17th October, article 32, indicates that the Land Law should ensure coordination between the Ministry of Agriculture, the Ministry for Environmental, Investment Promotion Center (CPI) and other ministries and institutions regarding external investment in agriculture, forestry or tourism.

Are there financial incentives that Yes. could apply to

3 Zambezi Valley Zone, Niassa Province, Nacala District, Mozambique Islands and Ibo

Mangroves for Nature, Humans and Development, MOZAMBIQUE – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 14 conservation/restoration of Through the Forest Carbon Partnership Fund (FCPF) Mozambique was one of the 47 participating mangroves? countries that benefited from the funds in 2015 and is implementing Forest Investment Project (FIP), with a value of 771 million USD. The FIP is dedicated to support developing countries in the preparation and implementation of policies for reducing deforestation and forest degradation and promoting sustainable development of forests and increasing carbon stocks, and can therefore finance activities and REDD + programs, sustainable forest management and support to local communities. The Decree n. 23/2018, 03rd May, on REDD+ define terms and conditions for increasing load tax and the reduction or withdrawal of tax purchase of equipment for productive activities that result in deforestation or contribute negatively to the development of and increased ecosystem services and products as incentive.

Industry codes of No. Are there codes of conduct or other conducts non-binding guidance instruments? Government/NGOs No. codes of conducts Are there certification systems for sustainable products/practices (ex: No. shrimp)? Restoration provisions The Conservation Law n. 5/2017, 11th May addresses the recovery and restoration of biological diversity (art. 44) by promoting the recovery of degraded areas through reforestation, preferably in sensitive areas and fragile ecosystems. Currently the legal requirement for restoration projects are also contained on Decree n. 23/2018, 3rd May regarding the implementation of REDD+ Program or project Is there any provision addressing the which states as one of the objective to promote the conservation and restoration of ecosystems restoration of mangroves? degraded natural resources and value their ecosystem services and environmental factors; it also establishes the procedures for restoration. Aquaculture regulation Decree n. 35/2001, 13th November also establishes the possibility of compensating degraded area by planting of an area corresponding to the cleared area if the construction of the installations required the removal of mangroved.

Mangroves for Nature, Humans and Development, MOZAMBIQUE – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 15 The Government of Mozambique has adopted the National Reforestaration Strategy in 2009 which sets guidelines and strategic targets regarding reforestation. Despite the fact that this Strategy is focused on Reforestataion, the objective 6 of the National Strategy for Reducing Emissions from Deforestation and Forest Degradation, Forest Conservation and the Increase of Carbon Stocks through Forests (REDD+) 2016-2030 is focused on restoration. 4 This objective aims at restoring degraded forests and tree planting. Currently the legal requirements for restoration projects are contained on Decree n. 23/2018, 3rd May which include but is not limited to : a) The Registration of the REDD+ Program or Project; b) Report and Verification according to the methodologies and standards defined by the FNDS5; What are the legal requirements for c) Validation by a third party, when it is considered necessary in accordance with the applicable restoration projects? standard to the REDD+ Program or Project; d) Registration and allocation of the serial number for each emissions that are issued under a standard or created, recognized and approved by the FNDS.

Restoration programs or projects not subscribed as REDD+ are not subject to the above requirements. In these cases the Land Law n. 19/97, 1st October (art. 22) should be applicable as far as restoration in these areas is not covered by urbanization6. Three levels of authorization are foressen namely (1) Provincial Governors: a) authorizes requests for use and use of land in areas up to a maximum of 1000 hectares; b) authorizes special permits in the partial protection zones7; (2) Minister for Agriculture and Fisheries8: a) to authorizes requests for use and use of land from areas between 1000 and 10000

4 Defined the re-establishment of ecological processes including structure, biomass / carbon, productivity, habitat, species diversity and other ecological functions in a forest. 5 Fundo Nacional de Desenvolvimento Sustentável (National Fund for Sustainable Development) 6 According with Decree n. 60/2006, 26 December, Urbanization is the soil transformation through the provision of infrastructures, equipment and buildings which ensure physical establishment of the population in conditions to benefit from services of increasing quality and quality in the fields of health, education, road traffic, sanitation, commerce and leisure, among others. 7 As also foressen on Decree n. 60/2006, 26 December (art. 3), if relevant authorities for sea, inland water and fisheries management, national roads and railways, civil aviation, energy, defense and public order, do not pose objection. 8 As this Ministry was extinguished in 2000, currently that competence is atributted to the Ministry of Land, Environment and Rural Development (MITADER) based on the institutional reform which came from the lections of 2014.

Mangroves for Nature, Humans and Development, MOZAMBIQUE – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 16 hectares; b) authorizes special permits in the total protection zones; (3) Council of Ministers: a) authorizes requests for use and use of the land from areas beyond the competence of Ministry of Land, Environment and Rural Development (MITADER), provided that they are included in a land use plan or whose framing is possible on a land use map; b) create, modify or extinguish zones of total and partial protection; Nowadays this is most unlikely that restoration in a vast area can occur without being subscribed on REDD+ program or project.

Dispute resolution Resolution n. 10/95, 17th October which approves the National Land Policy and its Implementation Strategies indicates that it is necessary to equip and train the district and community courts, strengthening the jurisdictional function of the State at local level in view to resolve any conflict that may arise between the holders of the right to use and exploit the land, after granting the respective titles (art. 74). In reality, the District Court can only solve cases which fall under its competence under the Law of Judicial Organization, Law n. 24/2007, 20th August. District Court can judge Civilian cases What is the process in resolving valued up to almost Usd 600 and Criminal cases up to twelve years of imprisionment. In fact, mangroves disputes related to mangroves? cutting is currently considered as an environmental crime at art. 353 Penal Code and subject to 08-12 years of imprisonment. In terms of prosecution, Inspectors (Fisheries, Oil & gas, forest, Police) are responsible to initiate the process and the Attorney General at District, Provincial and Central Level are responsible to introduce the case to court. This represents a huge change as this infraction used to be managed merely in an administrative way.

The legal framework affecting conservation, use and restoration of mangroves is dispersed in the Land Law, the Environment Law, the Forest and Wildlife Law, and the Conservation Law and the Petroleum Law impose financial sanctions.

What are the sanctions? The oil&gas operation regulations (Decree n. 34/2015, 31st December, art. 114) establishes financial penalties up for non-compliance with the legislation and the terms & conditions of the concession. The Fisheries Law (Law n. 22/2013, 1st November) prohibits the use of mangrove areas for the installation of crop tanks, including their harvesting for other purposes without replacement and

Mangroves for Nature, Humans and Development, MOZAMBIQUE – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 17 imposes financial penalties and cancelation of aquaculature license for those who commit violations. The Penal Code imposes imprisionment to those who cut mangroves (art. 353) but the legal persons and similar entities shall be punished with financial penalties and temporary exclusion from access to the benefits from the State, if more serious penalties do not apply, for the crimes encompassed in the enviromental crimes chapter when committed in their name and in their interest.

National Legislation ACCESS TO INFORMATION LAW Law n. 34/2014, 31st December, on Access to information BR_105_I_SÉRIE_8º SUPLEMENTO_2014 L AFRICAN CONVENTION ON NATURAL Resolution n. 8/2008, of 14th November on African Convention on the Conservation of Nature and RESOURCES Resolução 8.2008 Natural Resources (Revised Version) ALTERANTIVES MEANS FOR Resolution n. 29/2009, 8th June on Alternatives means of housing construction CONSTRUCTION Resolução_28.2009

AMMENDMENT ON WATER POLICY Resolution n. 46/2007 approving the Water Policy ResolucaoConselhoMin46-2007 30.10.2007

AQUACULTURE REGULATION Decree No. 35/2001 - General Aquaculture Regulation Decreto(CM) 35.2001 (1)

BASIC RULES FOR MINING Ministerial Order No. 189/2006 regulating the environmental management for mining activities ENVIRONMENT MANAGEMENT DiplomaMinisterial189-2006 BR_87_I_SE_RIE_2018 REDD+ Decree No. 23/2018 approving the Regulation for the Implementation of Projects to Reduce Emissions from Deforestation and Forest Degradation, Conservation and Increase of Carbon Reserves (REDD+

Regulation) CITES AMMENDMENT (2) 24.11.1982 Ammendent to Resolution 20/1981, made in 24 November 1982, I Série n. 46, on Convention on

International Trade in Endangered Species of Wild Fauna and Flora https://www.cites.org/ CITES CONVENTION Resolução 20.81 Resolution 20/81, 30th December on CITES Ratification

Mangroves for Nature, Humans and Development, MOZAMBIQUE – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 18 CITES REGULATION Dec Decree No. 34/2016 approving the Regulation on International Trade in Endangered Species of Wild

34_2016_BR_101_I_SERIE_2016 (2) Fauna and Flora

CLEAN ENVIRONMENTAL MECHANISM Decree No. 13/2006 approving the Regulation on residues management DecretoConselhoMin12-2006 15.06.2006 CONVENTION FOR COASTAL AND Resolution n. 17/96, 26th November on Convention for the Protection, Management and

MARINE POLUTION PREVENTION Development of the Marine and Coastal Environment of the Eastern African Region Resolução (AR) 17.96

Decreto_13_2013 CONDES Decree No. 13/2013 approving the Regulation of the National Council for Sustainable Development Desp Presi Desp Presi 11_2015, 16th March on Functions of Ministry of Mineral Resources 11_2015_BR_21_I_SÉRIE_4.º_SUPLEM ENTO_2015 RECURSOS MINERAIS E ENERGIA EIA REGULATION Dec Decree No. 54/2015 approving the Regulation on the Process for the Environmental Impact

54_2015_BR_104_I_SÉRIE_28.º_SUPLE Assessment (EIA) MENTO_2015 AIA

ENVIRONMENTAL LAW 20-97 Act No. 20/97 approving the Environment Act

ENVIRONMENTAL REGULATION FOR Decree No. 26/2004 on the Environmental Regulation for Mining Activities MINING Decreto (CM) 26.2004 FEES FOR ACTIVITIES IN Decreto 84/2017, of 29th December on Fees activities in conservation areas CONSERVATION AREA Decreto 84_2017

FISHERIES LAW 22_2013_BR. 88 Fisheries Law No. 22/2013

FOREST LAW 10-99 Law No. 10/99 on Forest and Wildlife Act

FOREST REGULATION Decreto (CM) Decree No. 12/2002 approving the Regulation on Forestry and Wildlife 12.2002

FUND FOR SUSTAINABLE Decree No. 6/2016 creating the National Fund for Sustainable Development (FNDS) DEVELOPMENT BR_23_I_SERIE_2016 GUIDELINE FOR EIA ON MINING Ministerial Order No. 129/2006 approving the General Directions on the Environmental Impact

DiplomaMinisterial129-2006 Assessment (EIA)

Mangroves for Nature, Humans and Development, MOZAMBIQUE – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 19 LAND LAWLei 19-97 Land Act (No. 19/97) LAW OF BIODIVERSITY Law No. 5/2017 amending and republishing Law No. 16/2014 on the basic principles and rules on the

BR_73_I_SE_RIE_2017 protection, conservation and sustainable use of biological diversity within conservation areas

LAW OF DISASTER MANAGEMENT Law No. 15/2014 establishing the legal framework for disaster management

LAW OF TERRITORY ORDENANCE Law No. 19/2007 on Land Use Management LeiAssembleiaRep19-2007 18.07.2007 LBSA PROTOCOL Resolution 4/2014, of 3rd April on Protocol on the Protection of the Marine and Coastal Environment of the Western Indian Ocean From Land Based Source and Activites LEGAL REGIME ON THE USE OF Decree No. 21/2017 approving the Regulation that establishes the Legal Regime for the National

MARITIME SPACE BR_80_I_SÉRIE_2017 Maritime Zone use (RJUEM) (1) MANAGEMENT PLAN FOR PRIMEIRAS Dec 32/2016, 24th of August, on MANAGEMENT PLAN FOR PRIMEIRAS AND SEGUNDA NATIONAL AND SEGUNDA NATIONA RESERVE Dec RESERVE 32_2016_BR_101_I_SERIE_2016 MANGROVE CRABS CLOSURE Aviso de Aviso n. 1/2019, of 5th November 2018 on Mangrove Crabs closure veda de Caranguejo (1) MIMAIP RESPONSIBILITIES Dec Presi Presidential Decree No. 17/2015 establishing competences of the Ministry of Sea, Inland Waters and

17_2015_BR_24_I_SÉRIE_SUPLEMENT Fisheries O_2015

MINING LAW Lei_20_2014 Mining Act No. 20/2014

MINING REGULATION Dec Decree No. 31/2015 approving the Mining Act Regulation 31_2015_BR_104_I_SÉRIE_SUPLEMEN TO_2015 (1)

ORDENAMENTO DO TERRITORIO Law No. 19/2007 on Land Use Management LeiAssembleiaRep19-2007 18.07.2007 (1)

PETROLEUM LAW_21_2014 Law No. 21/2014 on Oil

PETROLEUM REGULATION Decreto n.º Decree No. 34/2015 approving the Regulation of Petroleum Operations 34.2015, 31 de Dezembro

Mangroves for Nature, Humans and Development, MOZAMBIQUE – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 20 PROJECT FOR EMISSION REDUTION Decree 23/2008, of 3rd May on Regulation for Programs and Projects regarding Reduction of BR_87_I_SE_RIE_2018 (1) Emission, Deforestation, Degration of Forest Conservation and increasing Carbon Reserves (REDD+)

PROTOCOL ON BIOLIGICAL DIVERSITY Resolution 2/94, of 24th August on Convention on Biological Diversity Resolução (AR) 2.94

https://www.cbd.int/

QUIRIMBAS NATIONAL PARK Decreto Decree No. 14/2002 on the National Park of Quirimbas (CM) 14.2002 (1) REGULATION FOR CONSERVATION Law No. 5/2017 amending and republishing Law No. 16/2014 on the basic principles and rules on the

LAW BR_203_I_SERIE_14.º protection, conservation and sustainable use of biological diversity within conservation areas SUPLEMENTO_2017 REGULATION ON DISASTER Decree 7/2016, of 21st March on Legal regime of Disaster Management MANAGEMENT

REGULATION ON MARINE POLUTION Decree No. 45/2006 approving the Regulation for the prevention of marine pollution PREVENTION

RENEWABLE ENERGY Resolution No. 62/2009 approving the Development Policy on New and Renewable Energies Resolucao_62.2009 (1) Resolução CM 45-2003 RAMSAR Resolution n. 45/2003, of 5th November, on Convention on Wetlands of International Importance

CONVENTION especially as Waterfowl Habitat https://www.ramsar.org/ RESOLUÇÃO(AP) 17.82 CONVENTION Resolution 17/82, of 13th November on Convention concerning the Protection of the World Cultural

ON WORLD COMMON HERITAGE and Natural Heritage http://portal.unesco.org/en/ev.php-URL_ID=13055&URL_DO=DO_TOPIC&URL_SECTION=201.html Resolucao_67_2011 RAMSAR SITE Resolution n 67/2011, of 21st December on designation of Lake Niassa a RAMSAR site to be included NIASSA on Wetland list of international importance SPECIAL LICENSE FOR CONSERVATION Decree No. 53/2011 approving the model form for obtaining a Special Licence for activity to be carried

AREA Decreto_53_2011 out within Conservation Areas

TERRITORY ORDENANCE REGULATION Decree No. 23/2008 approving the Regulation on Land Use Management Decreto 23-2008

UN CONVENTION ON CLIMATE Resolution 1/94, 24th August on United Nations Framework Convention on Climate Change CHANGES Resolução (AR) 1.94 (1)

Mangroves for Nature, Humans and Development, MOZAMBIQUE – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 21 https://unfccc.int/ REGULATION URBAN SOIL Decree 60//2006, 26 December on Urban soil regulation REGULATION Decreto_60_2006_ UN Paris Agreement on Climate Resolution n. 23/17, 7th November 2017 Changes

Mangroves for Nature, Humans and Development, MOZAMBIQUE – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 22