Reassentamento involuntário em Moçambique: desafios jurídicos e sociais no contexto dos grandes projectos económicos

Abstract

The present Final Course Project (FCP) focuses on the analysis of involuntary resettlements in Mozambique, investigating the legal and social challenges arising in the context of large- scale economic projects. The study is based on the premise that, although the exploitation of natural resources through economic projects is often presented as a vector of development, its implementation has resulted in compulsory displacements that place the fundamental rights of the affected families at risk. This research examines the national normative framework, with particular emphasis on the Constitution of the Republic, Decreen ̊. 31/2012 of 8 August, approving the Regulation on the resettlement process resulting from economic Activities, published in the Government Gazette, series I, no 32, of 8 August 2012 and Law no. 19/1997 of 1 October. It identifies as its central problem the dichotomy between the theoretical robustness of the legal framework and the precariousness of its practical implementation, which is frequently marked by the absence of effective community participation and by inadequate compensation mechanisms. Through this study, it is demonstrated that the improper management of resettlement processes transforms development into a driver of social vulnerability, resulting in cultural disruption and the loss of livelihoods and means of subsistence. It therefore concludes that there is an urgent need to confront administrative practices with the principles of legality and human dignity, assessing the legal guarantees available for the protection of affected communities in the face of economic interests. Furthermore, the analysis suggests that fair compensation should not be interpreted solely from a patrimonial or financial perspective, but rather as a multidimensional concept encompassing the restoration of dignity, the preservation of intangible cultural heritage, and the long-term economic sustainability of displaced families. The study reinforces the thesis that development is only legitimate when it is inclusive, arguing that the viability of large- scale economic projects in Mozambique must be intrinsically conditioned upon strict compliance with the essential core of citizens’ fundamental rights.