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

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