on property rights applies; and the right to property entitling the owner to full and
exclusive utilization, fruition and rights of disposal over his/her property within
the parameters of the law.
181. From the above provisions of the law one may conclude that this is a very
complex right. One would include the right to use and develop land, the right to
housing, access to potable water and basic sanitation, and intellectual property
which includes industrial property and copyrights (artistic and literary rights).
182. There is a specific aspect insofar as the right to use and develop land is
concerned. A citizen applying for this right cannot be regarded as the owner
because land belongs to the State and cannot be alienated. A citizen enjoys
usufructuary rights over State land. Full and exclusive property rights are,
however, conferred to a citizen who holds property by usufruct, and who can use it
as he wishes within the parameters of the law.
183. In terms of Article 109 of the CRM, “1. Land belongs to the State; 2. Land may
not be sold, alienated, or mortgaged, or otherwise pledged; 3. As a universal
means for the creation of wealth and social well-being, the use and development of
land shall be the right of all the Mozambican people.
184. Regarding the use and development of land, Article 110 says:“1. The State shall
determine the conditions for using and developing land. 2. The right to use and
develop land shall be granted to physical or artificial persons, taking into account
its social or economic purpose."
185. Access to land is regulated by Land Law № 19/97 of 1 October, and the
respective rules of procedure (Decree № 66/98 of 8 December). This law is
innovative in that it includes features of customary and traditional law, thereby
protecting peasant farmers who work the land, while conferring broad guarantees
and real possibilities to all those who would be interested in developing land
commercially.
186. Current issues related to land use and development include access to land by
women (traditionally, women are barred from accessing land) and disputes arising
from the sale of land within certain communities. Land belongs to the State. The
State has intervened to put an end to the sale of land, while promoting women’s
rights. Specifically, the State promotes the right of every citizen, regardless of
gender, to use and develop land, the aim being to do away with a traditional
practice whereby women are barred from having access to land, especially by right
of succession.
187. Housing is a right enshrined in Article 91 of the CRM: “Every citizen shall
have the right to adequate housing. It is the duty of the State, in accordance with
the country’s economic development, to create appropriate institutional conditions,
standards and infrastructure”.
188. There have been several attempts to fulfill the right to housing, but it failed to
materialize. The National Housing and Town Planning Directorate, which operates
Combined Report from the Republic of Mozambique to the ACHPR, 1999-2010
32