O Guião de Direitos das Comunidades Locais no Domínio dos Recursos Naturais pretende-se ajudar a obter um melhor conhecimento e compreensão da Constituição da República de Moçambique (no que toca aos recursos naturais) e da legislação do ambiente, terra, florestas e fauna bravia, pescas, minas e água, incluindo os respectivos regulamentos, de forma a contribuir para uma melhor e maior implementação de todos os diversos instrumentos analisados.

This paper represents part of an area of work which analyses access to natural resources in Mozambique. An initial paper examined the extent to which Mozambique’s recent regulatory changes to natural resource access and management have had their intended effects (LSP Working Paper 17: Norfolk, S. (2004). “Examining access to natural resources and linkages to sustainable livelihoods: a case study of Mozambique”). This paper is complemented by LSP Working Paper 28: Tanner et al. (2006).

In this oil research paper, we have set out the challenges confronting oil producing countries in sub-Saharan Africa by giving case studies of Nigeria, Angola and Equatorial Guinea. We have also critiqued the draft National Oil and Gas Policy under formulation as well as the legal framework. We argue that the oil Dutch Disease and conflict nexus associated with oil producing countries are not a given since there are examples such as Norway which have utilised their oil revenue for transformation and sustainable development.

The illegal and irregular allocations of public land as chronicled in the Ndungu Report amount to a rip-off that dwarfs the Goldenberg and Anglo-Leasing scandals. Our analysis in this first issue in the series covers Karura, Ngong Road and Kiptagich forests and suggests a loss of public resources in excess of Ksh.18.4 billion. The Ndungu Report covers ten other forests as well as other public land, ranging from road reserves to cemeteries to public toilets and even State House land. As we cover these in future issues of the series, the cumulative loss will certainly be astounding.

Mozambique is one of the countries in Africa receiving significant amounts of development assistance. It owes this privileged position to many factors. First of all, after a protracted civil war which lasted from the late seventies to the early nineties, Mozambique’s then Marxist oriented government and the “right-wing” Renamo rebels signed a peace agreement which has since held.

The meaning and scope of the concept of Community-Based Property Rights (CBPR) has become a dominant feature of conservation and development policy discourse over the last decade. The debate has largely been shaped by the growing trends where governments have continued to appropriate traditional lands for conservation and development activities that have resulted into large scale dislocation and widespread disenfranchisement of sections of our society.

The land tenure system of Tanzania has passed through different historical milestones which form the basis for the analysis of the land tenure regime in general and tenure relations for land owners and users in particular in the past eight decades. The history dates back to 1923 when the British colonial legislative assembly enacted the Land Ordinance cap 113 to guide and regulate land use and ownership in Tanganyika which was their protectorate colony. Prior to this law, all the land in Tanzania was owned under customary tenure governed by clan and tribal traditions.

Legal processes can help improve the lives of the poor in developing countries e.g. through establishing fair rules on international trade and securing land access in rural Africa. For this to happen, poorer actors – whether individuals or states – must have equitable access to the legal system, including a fair say in law-making processes, and access to effective enforcement institutions.

Post-war Mozambique confronted the challenge of reforming land policy and legislation
with an innovative land law that protects customary rights while promoting investment
and development. Most rural households have customarily acquired land rights, now
legally equivalent to an official State land use right. When necessary, they can be proven
by analysing local land management and production systems, resulting in large areas

This extract from the book Terra contains the contents page, introduction, and executive summary of the whole book, and chapters 10 and 11 on land policy in Angola. The book presents research on post-war urban land management options and the use of action research as an advocacy tool in drafting the 2004 Land Law. Chapter 10, on land policy and land legislation, covers the legal background, a chronology of Angolan laws and the legal revision process, the draft land law, specific recommendations on intermediate and evolutive rights.

“Land registration and cadastral surveying in much of the developing world has reached a crossroads. It is not possible to continue with business as usual in the face of massive informality within the world's cities, and new more relevant approaches have to be developed”. (Fourie, 2000).

The Land Rights Research and Resources Institute held its second National level Public Forum on land on 12-13 May 2005. The two day forum was partly one of the planned activities in the Institute’s three year Strategic plan and a special event to commemorate the Institute’s tenth Anniversary. It thus took place along with other activities such as Training of Trainers (TOT) workshop, preparation and running of a documentary on land rights advocacy, special media programmes, Special theatre performance by Dhahabu theatre arts Group and moving into a more specious office premise.