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 23

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