stabilise the economic situation of households, preventing them from becoming absolutely destitute. They can also reinforce existing formal and informal
support systems by making it possible for family and community members to
maintain or expand their economic and business activities. This can help increase the resources that infected or affected individuals and households have
to support themselves.
4.4
Land Ownership
cx.
As is the case in many African states, land is an emotive and controversial
issue. Land ownership matters have been central to the battle for independence in Mozambique and its post-independence policy. Increasing recognition is being awarded to the fact that access to land is critical, if vulnerable
households are to enjoy sustainable rural livelihoods. Secure access to land,
whether through formal, informal, customary or other means, is necessary for
rural households to enjoy sustainable livelihoods and is also an important part
of sustainable development.
cxi.
Land rights in Mozambique have undergone radical changes in the last few
years. There have been successive and rapid amendments to legislative instruments dealing with land issues, culminating in a new Land Policy that was
passed in 1995. The landmark Land Law of 1997, which provides the legal
foundation for current policy, emerged from a process widely described as one
of the most participatory and democratic in recent Mozambican history.
cxii.
While the policy-making process revealed a wide range of divergent interests
around the question of property rights, substantial consensus was achieved on
the following three core issues:
•
Continued state ownership of land;
•
The protection of existing rights, particularly on communal land; and
•
The opening up of land and other natural resources to the private sector.
cxiii.
Mozambique has gone further than other countries in the region, in extending
legal protection to the rights of communal land users.
cxiv.
Pursuant to the mode of Portuguese law, the new Land Law is a concise set
of Articles, setting out principles with minimal detail or procedural guidance.
Nonetheless, its promulgation was marked by prompt concerns as to ambiguities and gaps, which were not entirely remedied by the regulations issued the
following year. The law neither met the ambitions of most citizens, nor the
keenest expectations of the donor community, to create a clear legal environment for the development of private property and a free market in land. At the
same time, the law devolves more authority and autonomy to private investors and assumes a more conciliatory approach towards capital, both foreign
and national. The considerable consultation process had the effect of diluting
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