1. Approach to Recognition and Documentation of Group Rights in Relation to Investments The Case of Mozambique Session 06-02: Encouraging Good Policy Practice: Integrating "Land" in Enabling the Business of Agriculture

2. Introduction – why & how reform came about Post-war settlement – increasing land pressure, returnees, 28% of arable land under concessions Farm & livelihoods systems of rural poor – large areas of land to sustain But need for investment An ‘artfully succinct’ process, and content Inter-Ministerial Commission, Land Campaign & civil society Studies & pilots: methodologies, contexts 1997 Law (35 articles) 1998 Regulations (47 articles, 8 pages) 2000 Technical Annex (21 articles)

3. Community rights in Mozambique DUAT rights: unitary system, acquired or awarded 2 key facets Recognition – How? What? For whom? Law - acquired rights Nature & content: use, administration, norms & practises, mandatory consultations ‘Local community’: representation, ‘ownership’ regime Documentation – How? What? Delimitation & certification vs demarcation & titling: nature, process Spatial extent of acquired right: definition, validation, impact Relation to investments The ‘trigger’ – one of 3 The open border model “a grouping of families and individuals, living in a circumscribed area … who seek to safeguard their common interests through the protection of residential areas, cultivated areas, whether cultivated or in fallow, forests, culturally important sites, pasture land, water sources, and areas for expansion”

4. Contribution to land governance Reducing conflict, social instability and unrest Positively reinforces legitimacy - rights to community lands can be defined, acquired, held (and transacted) on the basis of community- defined norms. Not set in stone/codified: land use, social and political change Typologies of recognition Tenurial shell Agency Group incorporation Boards

5. Results and Outcomes, Challenges and/or opportunities to be addressed Consultation outcomes…not great Maps…serious problems Gaps & uncertainties… Representation cessão de exploração – sub-leasing Surveying norms & standards Institutional issues – capacity, representation Individual acquired rights – dismembering good faith & customary occupation Unknown number of certified community lands, unknown extent… But a base on which to build

6. Community Land Value Chain (CaVaTeCo) What’s missing? How to implement on a wider basis… The Product Benefits & sustainable land- based development opportunities The Transformation Tools, activities & processes from state and civil society actors The Raw Material Land rights acquired by local communities under Mozambican law

7. CaVaTeCo approach adds value to reform: establishes formal legal entities to represent the community, providing them with an institutional capacity to deal with the outside world; provides tools that help to clearly identify and map important areas within the community lands over which they will exercise management control (conservation areas, sacred areas, firebreaks, etc.); clearly allows for identification, dismembering and formalising the tenure rights acquired over family land holdings, through a legitimate process that allows the broader community to confirm these rights.

8. A new approach… follows the logic of the law…communities have land management responsibilities (and, therefore, powers); fits within a growing paradigm of land rights recognition processes, which posit a ‘continuum of rights’; concentrates on establishing legitimate local-level institutions within communities that can (and already do) play a land administration function; addresses the issues arising from entrenched social mores that prejudice women by engagement with these institutions; harnesses new technology and cheaper methods to rapidly identify land holdings, without the need for expensive survey processes; puts these tools in the hands of those local community institutions; and, allows them to use these to issue and maintain locally-legitimate records of land holdings within their areas, including communal areas, individual & family holdings and areas identified for local commercial agricultural development via producer associations and outgrowers

9. Replacing the ‘broad stroke’ concession approach: group rights, family rights, investor rights Brown arrow:Homesteads Green arrow: Natural forest Blue arrow: Wetlands and rivers Black arrow: Fallow fields Yellow arrow: Ploughed fields Green tree: Plantations