Review of the land tenure systems report on tanzania african. This may be necessary in order to avoid the suffering and social instability. A fundamental goal of tenure reform is to enhance peoples land rights and thus provide tenure security box 2. The feed the future land tenure assistance project will support approximately 41 communities and local government authorities in the iringa and mbeya districts to clarify, document, and certify land ownership. We find little effect of land ownership documents on plotspecific investment, such as soil and water conservation infrastructure, perennial crops. Based on the score results obtained from the index scale, the majority of the respondents 53. The existing land tenure systems in each of niger, burkina faso, and mali share similarities, particularly in their recent efforts to protect customary land rights and include them in land records for instance nigers rural code of 1993, malis land code of 20002002, and. Fairley in partial fulfillment of the requirements for the degree of doctor of philosophy francis harvey, advisor january 20.
Rights over the land are under the control and direction of the president of the united republic and those rights cannot be disposed of without the consent of the president. Assessing the impact of customary land rights registration on. Upholding customary land rights through formalization. These relationships are dynamic and change with cultural. Review of the land tenure systems report on tanzania. Land tenure in tanzania is in the form of a right of occupancy and leasehold. The land use picture in the country is as shown in table 2 table 2. The findings suggest that land registration enhances tenure security, protects. Land tenure is important in rural development interventions which place an emphasis on building peoples endowments of assets so they can enjoy sustainable livelihoods. Tanzania land tenure improvement project english the. The periods of german and british rule were also formative in establishing current land sector rules and challenges, as has been the postindependence period. This study consequently aims at investigating womens access to land through customary land tenure in the makete district in tanzania.
Land has played a critical role in tanzania s development. Introduction two factors have led to the recent increase in interest in land registration and formalization of. The primary legislation governing land ownership is the land act, no. The ones to adjudicate and implement land registration are the villagers and local authorities. Tanzania landlinks landlinks landlinks was created. Impacts of land certification on tenure security, investment. Evidence from casestudy countries 19 ghana 19 mozambique 22 tanzania 25 zambia 29 6 discussion and conclusions 35. The land tenure support programme ltsp was established as part of the tanzaniag8 land transparency partnership, aimed at supporting a more transparent, efficient and better resourced land sector, in order to ensure that current and future demand for land leads to beneficial and equitable outcomes for tanzanias rural populations, while at the same time continuing to. With dismantle of traditional rulers in tanzania at the time of independence in 1961 and in subsequent legislation e. The maasai villages assert that they are, therefore, the. Securing communal land tenure in northern tanzania using. More than 60% of the land in tanzania has not been surveyed. All land in tanzania is owned by the state and held in trust by the president, but individuals residing on or using designated village land have the right to obtain formal documentation of their tenure rights in the form of a certificate of customary right of. Securing community land and resource rights in africa.
This study argues that unclear land and mining rights, and conceptual differences in how land and mining rights are perceived, contribute to considerate. Pdf customary land tenure system in tanzania felician. Nothale rural development department, university of malawi, lilongwe, malawi. Tanzanias property rights and resource governance systems have been in flux for more than 50 years. Thus, land tenure means a kind of system of land ownership or holding the land. Since colonial times and up to today, all land in tanzania has been under. This policy represents a new turningpoint in the development of tanzania. In tanzania over 80% of population who living in rural areas depend entirely on land through farming, livestock keeping, mining, fishing, hunting and gathering, or doing varieties of related. Main land uses in tanzania land use type area 2002 % basis for land use categorisation settlements, agriculture and mining 161,572 17 dominated by high population densities, farming, livestock. Tenure rules help define how property rights to land are allocated within societies. The interest shown in the conference and debate on land tenure issues and challenges. Tanzania land tenure improvement project english details. While attention to decentralization and clarifying formal boundaries and statutory tenure rights are.
Economic case for land tenure reform land tenure reform refers to a planned change in the terms and conditions on which land is held, used and transacted. E3land united states agency for international development. Pdf land tenure and mining in tanzania researchgate. Boersma, saskia, 1998, establishment of a digital database based on photogrammetric and remote. The land in many villages is typically not mapped, demarcated according to use, or registeredand there is significant disparity in how investors access land in tanzania.
Tbl tanzania breweries limited tcl tanzania conservation limited. Timeline of agricultural transformation, 1960 fi 2015 price interventions trade policy 1983 1990 structural adjustment reforms began in 1983 and included a shift toward. Wildlife management and village land tenure in northern tanzania fred nelson march 2005 tnrf occasional paper no. Current land tenure frameworks, issues and conflicts in the country have historical roots dating back to the precolonial period.
According to dr kennedy, during post independence period there was only one attempt to regulate pastoral land under customary law. Discussion of findings 21 oxfams land titling interventions 21 3. Evidence from tanzanias program of land reform a dissertation submitted to the faculty of the graduate school of the university of minnesota by elizabeth c. Txt the text version is uncorrected ocr text and is included solely to benefit users with slow connectivity. The challenge support for a national role in land titling had intensified as the economic benefits of rural land registration became apparent to those at the highest levels of government. Evidence from ethiopia klaus deininger, daniel ayalew ali, and tekie alemu. While tanzanias legal framework provides clear land tenure protections for men and women alike, villagelevel land tenure is frequently not secure and is often susceptible to outside interests.
Land tenure systems and agricultural production in malawi. Lessons of experience and emerging issues lorenzo cotula, camilla toulmin and ced hesse february 2004 copies of this publication can be obtained from. The government controls all means of productions including land. To mitigate these issues, feed the future tanzania land tenure assistance lta seeks to clarify and document land ownership, increase local understanding of land use and land rights, and support land use planning by virtue of five main efforts. In 1999, the land act and the village land act were passed, recognizing land held under. For many women in particular who received certificates, this is the first time their right to land has been guaranteed through a legal process. Introduction tanzania is a relatively new mining country.
Its principles stem from rights established through first clearance of land, or con. The increasing pressure over land ownership and control takes place in a context characterised by large chunks of untitled land, especially in rural areas. Under the land act, there are several categories of land but the most relevant is general land. Securing communal land tenure in northern tanzania using certificates of customary right of occupancy land and pastoralists. This report includes the countryspecific land tenure and property rights themes and donor interventions, and a database on land tenure and property rights for each presence country. The effects of existing land tenure systems on land use in kenya today chege waiganjo and paul e. Land tenure is a collection of relationships which exist between members of a society by virtue of their occupation and use of land ezigbalike and benwell, 1995. Introduction concern about land tenure and its impact on land use as well as the management of natural resources is not a recent phenomenon in kenya and indeed in the. Wildlife management and village land tenure in northern. Customary land tenure is characterised by its largely unwritten nature, is based on local practices and norms, and is flexible, negotiable and location specific. The econometric analysis of the study indicates that probability of planting trees increases with ownership of land implying that if someone owns land increases the incentive for planting trees because farmers are able to realize the benefits of trees from plantations that occur over time. In tanzania, women with strong land rights were 3 times more likely to work offfarm and more likely to have higher earnings in ethiopia, womens caloric. Fundamental principles of the national land policy. The independence government went on using the same land laws in land.
The african development bank group places renewed emphasis on natural resources management as a transformational platform. Land tenure in much of africa is usually portrayed as either customarytraditional, or statestatutory. Land tenure reforms and investment in tanzania, in partial fulfillment for the degree of masters of arts economics of the university of dar es salaam. Alivelihood is sustainable when it can cope with, land tenure and rural development 3 2. The data is drawn from bilateral and multilateral literature sources. The feed the future land tenure assistance project will support. Wildlife management and village land tenure in northern tanzania. Land tenure can be defined as the manner in which a party holds or occupies an area of land. The land tenure support programme will support the government of tanzania, through the ministry of land housing and human settlements development mlhhsd, to make information on land records and. Land tenure regime in tanzania never became new even after independence.
Dfid supports tanzania land tenure support programme ltsp. This emphasizes the community as the lord of the land. For convenience, land is used here to include other natural resources such as water and trees. Impacts of land certification on tenure security, investment, and land markets. As expressed by the chief justice of tanzania in 1994, such a situation creates the absurdity of transforming the inhabitants of. Land tenure and economic development in rural south africa. Kinywanganga is the first village to receive assistance as part of the feed the future land tenure assistance project, funded by usaid. The rules governing land tenure are invented by societies to regulate land ownership behaviours. Basic population and land data on tanzania land area 881,289 km2 water area 61,495 km2 total population 33,584,607 2002 census 12. Tanzania land portal securing land rights through open. Ministry of energy and mineral together with 110 other files shayo, 2007. The average population density on a land area of 94,079 square kilometres was 59 persons per square kilometre.
The national land policy in 1995 did not address the issue of land tenure shivji, 1996. The land act principal legislation arrangement of sections section title part i preliminary provisions 1. Land is a basic resource from which all human beings and other living creatures depend upon their survival. Pdf tanzania is a relatively new mining country, and mining has become a hotly debated issue in the country. Since tanzania attained political independence in 1961, there has 1. Despite its ambitious goals encouraging land registration and titling, and empowering women and other vulnerable groups the results are disillusioning. The land tenure support programme ltsp was established as part of the tanzaniag8 land transparency partnership, aimed at supporting a more transparent, efficient and better resourced land sector, in order to ensure that current and future demand for land leads to beneficial and equitable outcomes for tanzanias rural populations, while at. Timeline of agricultural transformation, 1960 2015. The national land use framework plan 20072027 tanzania 2008b gives the main land use types as shown in table 5.
The independence government went on using the same land laws in land administration by retaining the legal heritage left to it by british rule. Yet under colonial rule and in the first nearly four decades of independencea total period of more than a centuryall land was vested in the government. Most land in tanzania is held under customary tenure arrangements. The population of malawi at the september 1977 census was 5,571,567. The land in many villages is typically not mapped, demarcated according to use, or registeredand there is significant disparity in how investors. The effects of land titling in tanzania unuwider united nations. Assist villages and district administrations in completing the land use planning process. Land tenure reforms and investment in tanzania by suzana sylivester a dissertation submitted in partial fulfillment of the requirements for the degree of master of arts economics of the university of dar es salaam university of dar es salaam september, 20. Tanzanias village land act 15 years on the year 2016 marks 15 years since the new wave land reforms became operational in tanzania. Introduction two factors have led to the recent increase in interest in land registration and formalization of property rights to land in africa. Tanzania is among the most undeveloped nations in the world, where gender inequalities with respect to accessing land are central problems. In addition to mount kilimanjaro, tanzania has large expanses of. The land tenure support programme ltsp was established as part of the tanzania g8 land transparency partnership, aimed at supporting a more transparent, efficient and better resourced land sector, in order to ensure that current and future demand for land leads to beneficial and equitable outcomes for tanzania s rural populations, while at the same time continuing to attract and support.
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