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Paper to be presented to the Human Rights and Governance of Natural Resources in Tanzania organized by the Department Geography –UDSM 23-27February 2015. BY; VALENTIN NGORISA
THE STATE OF LAND RIGHTS IN TANZANIA
Introduction The History of Land tenure in TZ The Land Laws and Land Rights of small
producers The state of Land Rights
OUTLINE
Land Rights of small producers dates back before, during and after colonial masters in Tanzania;
1. Before colonial rule 2. During Colonial Rule 3. After Independence
The history of land rights in Tanzania dates back to pre colonial period before 1880’s when different tribes had their own ways of accessing, owning, controlling and disposing off land.
Land was allocated to the user for it use not hoarding and when disputes arise the clan and tribe elders were vested with power to resolve through customary mechanisms.
BEFORE COLONIAL RULE
1.GERMAN ERA The promulgation of the famous Imperial Decree of 26th November 1895 set in motion the philosophy of land ownership under German rule (URT 1994). According to the subject piece of legislation, all land occupied whether occupied or not, was treated as un-owned crown land (Olenasha 2004).
COLONIAL RULE
The British retained basic principles of land tenure that were put into place by the Germans
The Land Tenure Ordinance (herein Land Ordinance) declared all lands to be public lands “under the control and subject to the disposition of the Governor to be held and no title to the occupation and use of any such lands shall be valid without the consent of the Governor”(Shivji, 1998). Sections 2 and 3 of the Land Ordinance, 1923.
Statutory & Customary Ownership
2. BRITISH ERA
Arusha Declaration/villagisation-(opereshion vijiji) Nationalization Policies Presidential Commission of Inquiries into Land
Matters Land Policy Land Acts
AFTER INDEPENDENCE 1961…..
Land; as defined by the land laws (sec.2) includes surface of the earth and below the surface and all substances other than minerals, gas and petroleum.
CATEGORIES OF LAND; 1.Village Land….Land Act 4 of 1999 Sect.4 2.General Land…Land Act 4 of 1999.Sect 2.. land
which is not reserved land or village land and it includes un occupied or un used village land. The village land Act (VLA) No. 5 defines general land as land which is not reserved or village land but does not include any of village land whether occupied or un used. (what does this imply?)
3.Reserved Land….Land Act 4 of 1999 Sect.6 (1)
LAND…..
LAND IN TANZANIA
Village Assembly….decision making organ, allocating less than 50acres (Less informed on land laws)
Village Councils…Executive power Ward Development Committee….advisory body/less
power District Councils….advisory (less than
500acres),accountable to village and Commissioner for Lands (less&above 500acres)
Wildlife Departments ….WMAs Lack of Comprehensive Land use Plan (1400/14000
villages)
GOVERNANCE VS LAND RIGHTS
Village Land Councils (VLC) Ward Tribunals (WT) District Land and Housing Tribunal (DLHT)
DISPUTE SETTLEMENT ORGANS AT LOCAL LEVEL
Not established in all the villages (25 out of 415 in 10 districts)
Lack of understanding of land issues Vary in traditions & customs (More than 120 tribes) Less involvement of women (traditional male
dominated) No budget (Under care of the District Councils) Charging communities very high price in resolving
cases (vary from 5,000-100,000)
CHALLENGES ….VLC
Geographical locations of villages Area & value limitation Under funded Lack of understanding Very expensive for normal villagers (10,000-
200,000Tshs)
CHALLENGES ….WT
Very few established (42 working out of 48) Overcrowded with land cases Representation of an Advocate Language barriers (Kiswahili vs English language)
DLHT
Tanzania like many other country in the World has been promoting Foreign direct investments (FDI) with/out the policy regulating some of the sector. Some of the sectors being advocated by the government are not limited to;
(1) Mining (2) Carbon (3) Biofuel (4) Cash vs Food (5) Conservation and Tourism (TIC,2014)
These are respectively related, but not only limited, to: (1) Wildlife Attractions (2) Leisure Hunting; (3) Military
Expansion (4) Financial Crisis; (5) Climate Change; (6) Oil Prices and (7) Food Needs. (See Chachage, 2013;Land Grab-Cum-Acquisition)
LAND RIGHTS VS INVESTMENT/LAND GRAB
MINING VS LAND RIGHTS
Former Geita Gold Mine..Source HAKIARDHI 2011,Uhai Newsletter
LAND RIGHTS VS INVESTMENTS IN THE SAGCOT
More than 14,000ha acquired for CC of
Idete community (GR)
More than 10,000ha acquired by New Forest
in Kilolo-6 villages affected
Several reque acqu
22,000ha acquired by Eco-
Energy (sugarcane)
8,200 ha acqu (Sun-bioful East…Mtan 11 Village
Several campanies e.g KPL,K
sugar,Ramsar Site, GCA
Photo: Part of the over 10,000 Hectares of Vi l lage Land Acquired/Grabbed by ‘New Forests Company’ from the United
Kingdom for Planting Trees in Ki lolo Distr ict of I r inga in the Southern Highlands of Tanzania
Source: Land Rights Research and Resources Institute Report (2010) on Accumulation by Land Dispossession and Labour Devaluation in Tanzania: The
Case of Biofuel and Forestry Investment in Kilwa and Kilolo
16 National Parks 44 Game Controlled 31 Game Reserves 4 Ramsar Sites 33 WMAs 6 Nature reserves 2 marine parks and 16 famous historical and cultural sites.
Source URT, (2013)Tanzania Investment Centre; the List of Investment projects
RE-THINKING CONSERVATION VS LAND RIGHTS
‘90% are Range Lands guess’ what?
2006-2007 Expansion of Ruaha National Park from 10,300sq km to 20,226 sq km. (8 villages are in conflicts with Park Authorities)..Ndaskoi 2014
2008 Expansion of Lake Manyara National Park 330sq km to 648 sq km (2 villages are in conflicts)
2005 Saadani Game Reserve upgraded to National Park (14 villages affected and are in conflicts with park authority) HAKIARDHI, 2014. ‘Authors of Conservation’
1,500sq km of pasture& farmland exclusively for conservation
2005-2014: 33 WMAs (new conflicts and POWE shift)
CONT…
‘AUTHORS OF CONSERVATION’?
Source; HAKIARDHI 2014. Saadani Fact Finding Mission report
• Compensating 21illegal
occupants • Poachers • Future investments for whose
benefit?
Quote ; From Saadani residents ‘Our generous support and protective sense to wildlife have ended us landless ‘.
SHIFTING THE IMPACTS
Farmers vs Pastoralist land conflicts
INTERNALY DISPLACED
NEW FORMS OF DISPUTE
SETTLEMENT?
LAND RIGHTS VS URBAN & PERI-URBAN DEV
• Satelite Cities (Kiga, Kawe &USA River)
• Kipawa, Kwembe etc
Compensation has never put the victims in the better position, but instead worsens their situation because land valuers are trained to use minimal standards (Bergius
2012).
348 Former Kipawa residents still living in un-surveyed and unserviced envirnonment at Kigilagila area 6 years after relocation.
CONCLUSION
THANK YOU