قاعدة بيانات الجنسين والحقوق في الأراضي التابعة لمنظمة الأغذية والزراعة

Mozambique

Policies/Institutional mechanisms enforcing or preventing women’s land rights

The National Land Policy approved in 1995:

  • Reiterates the constitutional principle that although land is State property, all citizens and legal persons have access to land and resources with the various mechanisms in the context of legal pluralism and constitutionally recognized provisions. Occupied land refers to all land under communal lands (delimited or not), areas with land titles –DUAT- authorized by the state, forest concessions and areas of natural conservation as well as  all land officially granted for other uses (housing, industrial projects, tourism, mineral concessions, etc). Lands rights of good faith occupants (squatters) are also legally protected provided that the occupation has been exercised for more than 10 years; 
  • Recognizes customary rights over land, including the various inheritance systems and the role of local community leaders in preventing and resolving conflicts. 
  • The policy aims to create conditions for developing and growing local communities and for promoting investment in rural areas through the involvement of the private sector. Its primary objective is to “safeguard the diverse rights of the Mozambican people over the land and other natural resources, while promoting new investment and the sustainable and equitable use of these resources”. 
  • The policy underlined the importance of developing a legal framework for land rights that would be sufficiently flexible to accommodate different systems and scenarios, particularly in respect to rights and landholdings in the family sector. It was recognized that customary landholding mechanisms did not necessarily consist of rigid rules. Subsequent legislation was drafted to implement this policy, which secured the role of traditional authorities in preventing and resolving conflicts.
  • The policy also maintains the concept that all land belongs to the state, despite calling for strong private land rights with all the legal guarantees (9).
  • Since 1995, the Sector da Mulher, within the National Directorate for Social Action of the Ministry for Coordination of Social Action (MICAS), has been responsible for dealing with issues concerning gender inequality with the aim of promoting social action and welfare assistance for women (4).
  • In 1995, an inter-sectoral coordination mechanism, the Grupo Operativo, was created. Its objective is to promote and follow-up on policies and programmes approved by the Government in the area of women and gender. The Grupo Operativo was inactive between 1999 and 2000; then it resumed its role under the leadership of the Minister of MMCAS to implement a new action plan for training and sensitizing the different ministries. Although several ministries have undertaken the training schemes, these only lasted a few days (4).
  • In 2000, MICAS was redefined as the Ministry for Women and Coordination of Social Action (MMCAS) and a woman was appointed as its head. Consequently, the Sector da Mulher was officially recognized as a National Directorate for Women and Gender, with two departments: i. Women and Family; ii. Gender and Development (4). Unfortunately, MMCAS is understaffed and lacks sufficient resources and therefore its efficiency and coordination role is limited (4).
  • Key ministries, such as MMCAS, the Ministry of Health (MISAU), the Ministry of Education (MINED), the Ministry for Coordination of Environmental Affairs (MICOA) and the Ministry for Agriculture and Rural Development have established their own gender units to embrace gender issues more efficiently. More specifically, the Ministry of Planning and Finance has integrated gender matters in its Population Policy and has established guidelines for sector budget schemes. Nevertheless, these guidelines are advisory only and the separate ministries have discretion to allocate gender activities (4). 

The Action Plan for the Reduction of Absolute Poverty 2006-2009 (PARPA II) recognizes that gender inequality is an obstacle to economic growth in the country and establishes the link between gender and poverty as a major concern in the context of reducing absolute poverty. Indeed, in this plan the gender component is deemed crucial to the success of the strategy for growth and poverty reduction. Despite the explicit recognition for the need of a formal integration of gender equity issues within national programmes, institutional mechanisms lack concrete implementation strategies: to this day, gender issues remain significantly marginalized and are often solely considered as one of the many components to be included in wide spectrum of national policies, without sufficient attention being given to the necessary generation of durable outputs and results (9). 

The Government's Five Year Programme 2005-2009 (PQG) to the area of gender states that women's situation in Mozambique is characterized by difficulties related to factors such as economic power, the rigidity of gender roles socially assigned to women, the difficult access to education, health, several features including credit, land tenure and weak participation in decision-making bodies. The PQG 2005-2009 also refers to the goal of achieving gender equality and explicitly mentions the strengthening of women's power is a decisive factor in eradicating poverty. Overall, the still deficient articulation and integration of the question of gender within the programme are yet to be overcome (9).

The Policy and National Strategy for Gender was adopted at the Fifth Session of the Council of Ministers on March 14, 2006 is governed by the principles of social fairness, equality, equity, non discrimination and gender mainstreaming, based on the belief that the gender approach should be incorporated into all levels of decision making, particularly in terms of legislation, policies, programs, strategies and action plans. 

The Strategy and Action Plan for Gender in the Agrarian Sector, adopted in September 2005 and based on the National Gender Policy and Strategy, approved in the 5th Session of the Council of Ministers on 14 May 2006. It is guided mainly by principles of equality, social justice, non-discrimination and gender integration.

The strategy evokes the four pillars of development included in the National Agrarian Development Plan PROAGRI II: access to Resources, technology, financial services, marketing and markets. Moreover, the Gender Strategy of the Agricultural Sector has defined a number of strategic actions to follow in order to ensure that the separate sub-sectors integrate the specificities of gender issues with a focus on rural women (9).

Unfortunately, the National Plan of Action is compromised by the absence of consistent allocation of resources and by the lack of appropriate gender training within the ministerial gender focal points (4).

Currently, gender is the focus of attention of several strategic instruments:

- The Five-Year Programme for 2010-2014,
- PARPA 2010-2011,
- The Gender Policy and Implementation Strategy,
The National Plan for the Advancement of Women,
- The Gender strategies of Education, Health, Public Administration, Energy and Environmental Affairs

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