LTC Research Paper Security, Conflict, and Reintegration in Mozambique: Case Studies of Land Access in the Postwar Period by Gregory W. Myers, Julieta Eliseu, and Erasmo Nhachungue 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 119, U.S. ISSN 0084-0815 originally published in August 1994 SECURITY, CONFLICT, AND REINTEGRATION IN MOZAMBIQUE: CASE STUDIES OF LAND ACCESS IN THE POSTWAR PERIOD by Gregory W. Myers, Julieta Eliseu, and Erasmo Nhachungue 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 119 Land Tenure Center University of Wisconsin-Madison August 1994 ■.■ TABLE OF CONTENTS Page List of tables, graphs, and diagrams v List of maps vii Acknowledgments ix Executive summary xi I. Introduction 1 II. Research methodology 5 III. An overview of land access in postwar Mozambique 11 A. Access under statutory land law 11 1. Land law 11 2. Formal land administration 14 3. Land availability and scarcity 20 4. State land concessions 22 5. Competitive and overlapping land claims 41 B. Access under customary land law 43 1. Customary rules and land access 43 2. Customary rules and refugee reintegration 46 3. Customary rules and their constraints 48 C. Land disputes and conflicts 50 IV. Four case studies of land access 61 A. Chokwe and Chibuto districts, Gaza Province 61 1. Research sites and objectives 61 2. Land tenure in Chokwe and Chibuto districts before independence 62 3. Land access and tenure after independence 63 4. Land access and tenure during the civil war 65 5. Land tenure in Chokwe and Chibuto districts after the peace accord 69 6. Concerns raised by the case of Chokwe and Chibuto districts 73 B. Nhamatanda District, Sofala Province 79 1. Research sites and objectives 79 2. Common historical, land tenure, and social experiences within the Beira corridor 79 3. Land tenure in Nhamatanda District before the peace accord 83 4. Land tenure in Nhamatanda District after the peace accord 88 C. Manica District, Manica Province 99 1. Research sites and objectives 99 2. Land tenure in Manica District before the peace accord 100 3. Land tenure in Manica District after the peace accord 104 4. Concerns raised by cases in Sofala and Manica 109 D. Angonia District, Tete Province 114 1. Research sites and objectives 114 2. Historical, land tenure, and social patterns in Angonia District 116 3. Land tenure in Angonia District before the peace accord 118 4. Land tenure in Angonia District after the peace accord 119 5. Concerns raised by the case of Angonia 125 V. Synthesis and conclusions 131 VI. Recommendations 137 A. Recommendations for government 137 B. Recommendations for RENAMO 138 C. Recommendations for civil society 138 D. Recommendations for donors and NGOs 139 References 141 iv LIST OF TABLES, GRAPHS, AND DIAGRAMS Page Table 1 Land concessions granted and reported by the Ministry of Agriculture, 1986-1993 29 Table 2 Distribution of mining concessions, by province, 1993 31 Table 3 Distribution of land concessions and other rights by sector 33 Graph 1 Agricultural land concessions: Reported by Ministry of Agriculture, 1986-1993 24 Graph 2 Agricultural land concessions by province: Reported by Ministry of Agriculture, 1986-1993 25 Graph 3 Agricultural land concessions: Reported by provincial and central govern- ment, 1986-1993 27 Diagram 1 Schematic diagram of formal land acquisition and registration process 17 Diagram 2 Schematic diagram of formal DINAGECA registration process 18 Diagram 3 Agricultural land concessions: Cumulative comparison, 1986-1993 21 Diagram 4 Agricultural land concessions as a percentage of total agricultural land 35 Diagram 5 Agricultural, forestry, and hunting land concessions as a percentage of total agricultural land 36 Diagram 6 Combined agricultural land concessions and existing commercial land holdings as a percentage of total agricultural land 37 Diagram 7 Combined agricultural land concessions and existing commercial land holdings as a percentage of total arable land 38 Diagram 8 Land concessions as a percentage of total arable land 39 Diagram 9 Land concessions as a percentage of total land area 40 v LIST OF MAPS Page Map 1 Mozambique, 1993: Land access research sites 54 Map 2 Mozambique, 1993: Population concentration 55 Map 3 Mozambique, 1991: State agricultural enterprises 56 Map 4 Mozambique, 1993: Hunting reserves 57 Map 5 Mozambique, 1993: RENAMO controlled territories 58 Map 6 Mozambique, 1993: Land conflicts 59 Map 7 Gaza Province: Field research sites, 1993 76 Map 8 Gaza Province, Chokwe District: Chokwe region, 1993 77 Map 9 Gaza Province, Chokwe and Chibuto districts, 1993 78 Map 10 Sofala Province: Field research sites, 1993 94 Map 11 Sofala Province, Nhamatanda District: Djasse Aldeia, 1993 95 Map 12 Sofala Province, Nhamatanda District: Nharuchonga I and II, 1993 96 Map 13 Sofala Province, Nhamatanda District: 7th Bairro, Lamego, 1993 97 Map 14 Sofala Province, Nhamatanda District: Muda Accommodation Center, 1993 98 Map 15 Manica Province: Field research sites, 1993 111 Map 16 Manica Province, Manica District: Vanduzi and Belas, 1993 112 Map 17 Manica Province, Manica District: Vanduzi—Almada Aldeia, 1993 113 Map 18 Tete Province: Field research sites, 1993 128 Map 19 Tete Province, Angonia District: Ulongue and Dedza, 1993 129 Map 20 Tete Province, Angonia District, 1993 130 vii ACKNOWLEDGMENTS We would like to thank the following people and organizations for their assistance with this project. We thank His Excellency, Alexander Zandamela, Minister of Agriculture; Felix Mandlate, President of the Institute of Rural Development; Joao Z. Carrilho, former Director of the Ad Hoc Land Commission; and Virgilio Ferrão , Director of the Land Commission. We also thank the many people with the Ministry of Agriculture, Ministry of State Administration, Ministry of Cooperation, Ministry of Mineral Resources, and the National Directorate of Geography and Cadastre (DINAGECA) who assisted this project, as well as the United States Agency for International Development (USAID) which funded it. We thank the staff of the Land Tenure Center, University of Wisconsin-Madison, especially the assistance of Teresa Barry, Patty Grubb, Mike McCallister, and Steven G. Smith. We acknowledge the assistance of our editors, Beverly Phillips and Jane Dennis, also of the Land Tenure Center. We thank Harry West, Fulbright Scholar, for his assistance in directing the field investigation in Inhambane Province. We also thank Anna Storkson of AnnaGraphics, Madison, Wisconsin, for the production of the maps and graphics in this document. We thank the staff of the LTC/MOA Collaborative Research Project in Mozambique, and our translators, Maria-Luisa Natividade, Antonio Natividade, and Jenifer Garvey. We would like to thank the representatives of the nongovernmental organizations (NGOs) who occasionally assisted us in the field. These NGOs include World Vision International, Food for the Hungry International, Medecins Sans Frontieres, and World Lutheran Federation. And finally, we acknowledge the immense assistance of the many officials (both formal and customary), farmers (women and men), and other private individuals who gave us their time to answer our questions and clarify our understanding of land access and tenure security in Mozambique. ix EXECUTIVE SUMMARY In 1992 a peace accord was signed in Mozambique. Since then, many positive changes have taken place. Hostilities have largely stopped and the long process of national reconstruction has begun. Many of the more than 5 million people displaced by war have resumed agricultural production. Political institutions are being examined and various reforms discussed. Democratic national elections are scheduled to take place in 1994.* At the same time, aspects of this dramatic transformation are negative, possibly economically and politically destabilizing, and may undermine the advances made in the last year. Despite existing laws and general good intentions, the Government of Mozambique is allowing, and occasionally facilitating, a massive land grab. In many areas of the country, prime land is being distributed by the state to new and returning private national and foreign interests. This is making good land scarce for small- and medium-sized landholders. In Mozambique, land is not an abundant resource, free from competition or conflict. In all areas of the country, for all types of producers, land tenure security is weak. The formal (statutory) land tenure system does not grant strong rights to landholders. This leads to unproductive land speculation and underinvestment as well as to poor resource use and ecological degradation. The formal system of land access in Mozambique is not transparent and competitive nor is it seen as legitimate by a large percent of the rural population. The land tenure system is creating a new class of postwar displaced and is causing tension between government and civil society as well as among the different classes of Mozambican society. This can only lead to conflict. In the last few years the state has been granting land concessions to private national and foreign commercial enterprises. Some land is also being granted to former colonial interests, while very little is being given to smallholders. Concessions are also being granted to joint venture enterprises and members of the government, and the government is proposing to award land to demobilized soldiers. * As this paper was going to press, Mozambique completed its first democratic elections (27-29 October 1994). On the eve of the first day of balloting, RENAMO declared it was boycotting the elections due to "election fraud and irregularities. " On the second day of voting, after much negotiation with international donors, the UN, and governments of Zimbabwe and South Africa, RENAMO reversed its position. In the three days following elections, RENAMO has claimed that it will "protest and reject" the vote when it is tallied and demand yet unspecified compensation.