Representação comunitária na atribuição do Duat

Abstract

In Mozambique, the legal framework of land is governed by principles enshrined in the Constitution of the Republic and the Land Law (Law No. 19/97), which recognizes DUAT for local communities based on traditional occupancy, even without formal title. However, despite this legal recognition, the practical implementation of these rights faces significant obstacles, as there are weaknesses in how these communities are represented in the formal processes of assigning DUAT to third parties. One of the challenges lies in the lack of clear and effective mechanisms to ensure that the representation of communities is legitimate, participatory, and transparent. Often, the representatives involved in the consultation processes are not elected democratically or do not reflect the diversity of interests of the community. This can lead to the validation of community consultation processes that do not do not reflect the will of the local communities, that is, the consent given for the granting of the DUAT to third parties is not truly free, prior, and informed. Furthermore, there are conflicts between customary law and formal law, with legislation not always adequately recognizing or incorporating traditional forms of social organization and land management. This legal mismatch hinders the effective protection of community rights and contributes to the marginalization of local land governance systems. These problems have implications for land conflicts and social and economic inequalities. Land, being an essential resource for subsistence agriculture and local culture, becomes the focus of disputes that threaten social and environmental stability. Therefore, the institution of community representation is of utmost importance because it allows for the sustainable use of land, ensures the rights of local communities and prevents land conflict situations in Mozambique, contributing to the country's development.