1. LOOKING BEYOND LAND REGULARIZATION IN MOZAMBIQUE Kemal Vaz, André Pinheiro, Bruno Lopez, José Caldeira WB CONDERENCE ON LAND AND POVERTY Washington, March 2016

2. Latest significant land systematic registration initiatives o 4 provinces o 10 municipalities o 7 districts o 144.000 land title issued o Nation wide SIGIT 2009/13 MCC/MCA funded 2014/16 WB funded o Maputo city o 7 neighbourhoods o 25.000 land plots registered www.verdeazul.co.mzwww.verdeazul.co.mz - Maputo, Mozambique

3. MAIN ASSUMPTIONS 1.Land belongs to the State; 2.National land management under different ministries; 3.Local communities are recognized; 4.Reactive approach on land registration; 5.Weak taxation procedures. www.verdeazul.co.mzwww.verdeazul.co.mz - Maputo, Mozambique

4. 3 ways to get Tenure in Mozambique: 1.Occupation by individuals and local communities, according to the customary practices and norms that do not contradict the Constitution; 2.Occupation by national individuals who, in good faith, have been using the land for at least ten years; 3.Request for authorization, submitted by an individual or collective persons as defined by law. MAIN ASSUMPTIONS www.verdeazul.co.mzwww.verdeazul.co.mz - Maputo, Mozambique

5. FOUR ESSENTIAL PILLARS TO STRETHENING LAND ADMINISTRATION IN MOZAMBIQUE REGULATE TRANSMISSIONS OF LAND LAND TAXATION REGULATION OF SYSTEMATIC REGISTRATION DATA INTEGRATION CAPACITY BUILDING www.verdeazul.co.mzwww.verdeazul.co.mz - Maputo, Mozambique

6. STEPS TO NEW LAND ADMINISTRATION APPROACH 1.Systematic registration of land (create unique cadastral blocks and improve plot regularization). Populate the Land Cadaster system (tenure on cadastral block & register all land use) 2.Guarantee the Interoperability of land data among different sectors; 3.Regulate & register land transfers and transactions 4.Widen tax collection and improve Fee collection rates 5.Training GOM & Service Providers in Mozambique (formal modular approach and on the job) Human capacity in the National Directorate of Land; Build capacity in the 10 provinces and every new municipality; Create and strengthen a strong private sector to provide services. www.verdeazul.co.mzwww.verdeazul.co.mz - Maputo, Mozambique

7. 1.we propose a systematic and comprehensive record of the entire national territory. To be able to do it in a short time and at affordable costs, we are of the opinion that a fit-for-purpose approach will meet the needs. The country needs a pre-defined cadastral block approach for both LTR and community delimitations 2.A first registration should prioritize speed, so that the coverage of the territory creates as soon as possible, an effective land management tool. 3.In terms of costs, the first registration should not spend too much, otherwise it will never have financial return. The register should use low-cost solutions, even if the spatial accuracy is weaker. www.verdeazul.co.mzwww.verdeazul.co.mz - Maputo, Mozambique REGULATION OF SYSTEMATIC REGISTRATION - Pillar 1

8. 1.Where information can be centrally managed and easily updated. 2.This system has to be set up as a single ground reference registry in order to avoid parallel registration systems and lack of consistency. 3.Only by doing this, will we guarantee transparency and objectivity in land management. About two years ago Mozambique adopted the land information management system SiGIT to collect and manage the cadastral information. However, the requirements for installing and using this system have proven to be too demanding for most locations. 4.Thus, we find the need for the use of simpler but robust systems that can handle huge volumes of data may be the key for all to adhere more easily to the introduction of national cadastral information system. www.verdeazul.co.mzwww.verdeazul.co.mz - Maputo, Mozambique DATA INTEGRATION – Pillar 2

9. Interoperate the Data 1.This is a real challenge as we see the world of national land administration as hermetic compartments diluting coordination among different sectors of government; 2.As mentioned earlier data from other sectors must be assessed and integrated into the Land Cadaster System; 3. We think it is crucial to interoperate the data with several other systems as mentioned already in this paper www.verdeazul.co.mzwww.verdeazul.co.mz - Maputo, Mozambique DATA INTEGRATION – Pillar 2

10. www.verdeazul.co.mzwww.verdeazul.co.mz - Maputo, Mozambique REGULATE TRANSMISSIONS OF LAND – Pillar 3 1.The question of land ownership/tenure should be reviewed and discussed extensively in order to prevent the current problems in the interpretation and application of land legislation. 2.The concept of land improvements in the Land Law is vague, 3.Practice has shown that transmission requires a better adjustment and clarification in order to give security in commercial transactions; 4.It is necessary to standardize the rustic and urban property concepts of the Civil Code with the Land Law and RSU; 5.It is necessary to discuss further the: A) transmission of a land lease (acordo de cessão de exploração); B) the legislation on community consultations and consent and resettlement compensations; C) the use of land as a financing guaranty. 6. Legislative amendments can be partial and gradual;

11. 1.Land taxation must consider two aspects: 1.Costs related to the provision of the services itself and; 2.Costs related to the use (or rent/lease) of the land 2.The land authority must widen the tax base in order to fully recover its own costs as part of the land tax. The present law establishes 60% of the tax revenue for the land authority 3.The GOM can establish the additional component of the land tax to account for the use of land as a natural resource base, this component can be reverted to rural development projects, or the remaining 40%. www.verdeazul.co.mzwww.verdeazul.co.mz - Maputo, Mozambique LAND TAXATION – Pillar 4

12. Proper taxation to propel land development and avoid unproductive land; Land (mis)use resulting on land degradation have land tax aggravated rate increment; On the other way land use that contributes to land conservation should be having a tax compensation (which result in a tax rebate) www.verdeazul.co.mzwww.verdeazul.co.mz - Maputo, Mozambique LAND TAXATION – Pillar 4

13. CAPACITY BUILDING & COACHING 1.Moving from an analogic land cadaster to a digital one needs a full restructure on the way we do business; 2.We need to streamline the human resources in the land administration public services concentrate on the core business (i.e. Coordination and approval, policy drafting), while accept that some parts of the land administration process can and must be outsourced to service providers; 3.Training and capacity building must cover every bit of the system from field data collection all the way to title issuing, tax collection as well as policy makers; 4.Training Modules for specialization for each step of the way from the community participation to the policy makers in the assembly, including private service providers (from surveyors, IT data management and storage to tax collection to land policy drafting) must be ready to promote the acceptable standards approved by the land institution; 5.Modular systems allow for staff specific training needs and allows for progression in the land administration career increasing motivation; www.verdeazul.co.mzwww.verdeazul.co.mz - Maputo, Mozambique

14. KANIMAMBO Obrigado Thank you www.verdeazul.co.mzwww.verdeazul.co.mz - Maputo, Mozambique