Quando a Lei de Terras 19/97 estabeleceu que o direito de uso e aproveitamento da terra é adquirido por ocupação por pessoas singulares e pelas comunidades locais, segundo as normas e práticas costumeiras que não contrariem a Constituição, criou-se a ruptura com a prática legislativa em Moçambique e em muitos outros países africanos.
In recent years, local people and rural communities have assumed increasing prominence in strategies for natural resource management.This paper briefly reviews some of the central legal issues that are associated with this shift. In doing so, its goals are limited. It does not ad dress fundamental questions about when, where and what kind of management works, nor attempt to identify the political, social, economic and environmental ingredient s for success – subjects on which there is a huge, if still inconclusive, literature.
The present paper seeks to cover the key issues, trends, constraints, challenges, knowledge gaps and policy options on a range of dimensions of land access. Land access is broadly defined as the processes by which people individually or collectively gain rights and opportunities to occupy and utilise land (primarily for productive purposes but also other economic and social purposes) on a temporary or permanent basis.
Land lies at the heart of social, political and economic life in much of rural Africa. It provides a major source of livelihoods, income and employment; a basis for social and political relations; and has major historical, cultural and spiritual significance. In many places, rapid socio-economic changes are undermining the security of land access for poorer and more vulnerable groups – particularly in high-value lands such as peri-urban areas, irrigated schemes and fertile lands.
Given the recent trend of granting vast areas of African land to foreign investors, the urgency of placing real ownership in the hands of the people living and making their livelihood upon lands held according to custom cannot be overstated. This study provides guidance on how best to recognize and protect the land rights of the rural poor. Protecting and enforcing the land rights of rural Africans may be best done by passing laws that elevate existing customary land rights up into nations' formal legal frameworks thereby making customary land rights equal to documented land claims.
This Act is composed of 35 articles divided into eight Chapters. It aims at establishing the terms under which the creation, exercise, modification, transfer and termination of the right of land use and benefit operates. It regulates ownership of the land and public domain, the right of use and benefit of land, powers and responsibilities of the concerned public bodies. In particular, it defines obligations to be fulfilled by foreign or national entities, as well as fees to be paid in order to obtain a licence for land exploitation.
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