Resolução e prevenção de conflitos no processo de gestão da terra na Costa Moçambicana: o case da zona da Praia do Bilene: 1992- 1999

Abstract

In the course of our fieldwork, which took place at the Praia Administrative Post, for 20 days, from the interviews we had with key stakeholders about the conflict over land for housing, we encountered several problems that pit local communities against some state institutions who have the power to distribute and manage the land. Therefore, we will, in a simple and synthetic way, present here the ones that stand out the most. Firstly, it was found that the area is divided into two parts, namely the urban area with socioeconomic infrastructure, where the possession of land for housing causes land conflict, opposing those who hold the land by historical right to those who intend to occupy it. 11 legally ” and the second zone without socio-economic infrastructure, where land conflicts are not felt. In the first zone, the distribution of land without prior consultation with local communities, in clear violation of the Land Law, by the institutions that have the power to distribute the land, is the major cause of conflicts in the urban area of position, between the occupants of the land by historical right and those who intend to occupy it for the practice of tourism. In this area, it was also found that the conflicts are also partly caused by the apparent contradiction of the existing tri-copy Land Law in the sense that, on the one hand, it obliges communities to register the land in their possession and, on the other, the historical right that does not oblige them. due to land fertility problems, the incomes are so low, that they only serve for subsistence, which forces local communities to practice other activities such as fishing, and to work as wage earners in constructions and tourist developments in the urban area. to earn a living, although these do not provide great employment opportunities, due on the one hand to the lack of expansion of investment and on the other hand the unfair competition brought about by some dishonest tourist entrepreneurs. In this zone, the type of conflict that exists has to do with land tenure for agriculture and management of natural resources, (in the process of burning for the clearing of land for agriculture and for the charcoal factory). These conflicts are first resolved locally, then forwarded to the court if no consensus is reached between the parties. Thirdly, we find that the occupation of land in traditional ways, for fallow agriculture, causes land conflicts, but to a lesser extent due to the existence of a lot of land available. It is necessary to register the land held by the families in order to prevent future conflicts that may arise from the possible urbanization of the area. The marginalization of the traditional authority, which does not participate neither in decision-making nor in the resolution of any conflict, allied to the lack of trust that communities have in the legal power, contributes to a large extent in the non-resolution of land conflicts in the area. . That said, it is urgent to take measures to control the application of the Land Law by the institutions that manage it and to look for simpler ways to register land held by local communities, in order to reduce these conflicts. And, finally, Municipalize the Administrative Post of Praia, so that the management of land and all natural and financial resources from tourism, and fishing, greatly benefit local communities, contrary to what is currently happening.