The result is that rural dwellers and marginalized social groups like. Tanzania land policy came into existence in the 1990s to ensure a secure land tenure system, and to promote the optimal use of land resources and social economic development. Its components are the system of land ownership and system of labour organization. Estimating the economic benefits of tenure reform 26. Land tenure and economic development in rural south africa. Land tenure in much of africa is usually portrayed as either customarytraditional, or statestatutory. Tanzania landlinks landlinks landlinks was created. Historical context of land tenure system history essay. Introduction land is a primary resource that men and women in zambia depend on for their livelihood. Land reform involves changes in tenure relations between land users and the landowner, or in tenure systems, instigated. Land tenure reforms and investment in tanzania download reference.
Tenure reform measures required to overcome constraints to economic development 24 5. Lessons of experience and emerging issues international institute for environment and development, london. Land tenure reforms and investment in tanzania, in partial fulfillment for the degree of masters of. John mugambwa introduction in 1953 the british colonial government established a royal commission to investigate and recommend ways for the promotion of economic development in britains east african colonies. Some of the root causes of this situation are related to existing land tenure and land conflicts in many countries. The problem that citizens of tanzania face is that there is no properly functioning land administration system in place. The colonial policy of property relations, including land tenure and access to land, were based on racial. Dai works on the frontlines of international development. In tanzania, it is possible for an additional penalty to be imposed on offenders, equal to double the amount of the loss or damage suffered by a victim of the illegal conduct. Are land owners secured in tanzania lawbay advocates.
Pdf land tenure and mining in tanzania researchgate. The precolonial era is sometimes known as customary tenure regime in. Failure to notify a merger is an offence under the act. Assist villages and district administrations in completing the land use planning process. Or in some unspecific political authority within the tribe, may be from elders within the tribe or clan or through a lineage or in some case through family arrangement, which authorizes that particular question. The land tenure project in tanzania run from 2014 to 2016. Land can either be owned in perpetuity or for a given period of time. Similarly uganda, despite its traumatic political history, has stuck to the same tenure regime.
Exploitative administrative practices have been a longstanding source of tenure insecurity in some countries. Access to and tenure of land were among the most important concerns of the namibian people in their struggle for independence. Tanzaniafeed the future tanzania land tenure assistance lta dai, an international development company. Because of the central importance of land to the livelihoods, food security and social identity of many people, landbased investments raise particularly urgent land tenure issues. Land tenure reforms and investment in tanzania efd.
Land tenure legislation in tanzania one of the main sources for conflict about mining at the local level in tanzania is the unclear regulation of land tenure. There are various types of land tenure systems in uganda under under which citizens and foreigners can buy land, own and utilize it. The threshold order having now been published, there will be no excuse for failing to observe the provisions of the merger control regime in tanzania. Because of the central importance of land to the livelihoods, food security and social identity of many people, land based investments raise particularly urgent land tenure issues. In tanzania, however, the sale of a business in breach of the merger rules could be construed as an involvement in an infringement by the seller. Congress established the eastwest center in 1960 to foster mutual understanding and cooperation among the governments and peoples of the asia pacific region including the united states. Introduction concern about land tenure and its impact on. Just prior to independence in 1961, the british colonial government attempted to introduce the concept of freehold land ownership, but the proposal was rejected by tanu, the tanzanian political party that took power when independence was granted. These laws are a marked departure from the land ordinance of 1923, yet many villagers and communities still do not have security in their customary land. Land tenure is the system of legal rights and obligations governing the holding, acquisition, use, and disposal of land. 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. Or for the kabaka under the baganda system in feudal baganda.
Land tenure policies in the fast developing country of tanzania, with a gdp growth of. Therefore, fcc will consider whether the post merger firm will result into either creation of a dominant position or strengthening the existing dominant position. 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. Acquisition of land by foreigners in tanzania hogan lovells tanzania february 16 2016 background the land ownership system in tanzania has gone through different phases.
In 1999, tanzania enacted the village land act and the land act which recognize customary tenure and empower village governments to manage village land. The flexible land tenure system flts is an innovative concept to provide affordable security of tenure to inhabitants in informal settlements in namibia the basic idea of the flexible land tenure system is to establish an interchangeable tenure registration system parallel and complementary to the current formal system of freehold tenure. Land tenure systems and agricultural production in malawi. Introduction concern about land tenure and its impact on land use as well as the management of natural. Improved access to and utilization of land and other. Acquisition of land by foreigners in tanzania lexology. 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.
The present system of land tenure accepted since independence, and further developed over. Land tenure policy implications in tanzania ea on small. Land tenure system in nigeria has been described as those systems which represent the relationship of man in society to land even though actual patterns may differ from community to community but there are certain uniformities of type in relations involved which make it possible to apply a common scheme of analysis 1 6. 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. The land tenure system is based on multiple land regimes all existing side by side. Tanzanias land tenure systems and the resultant implications for land. The focus of the land reform strategy is to have procedural safeguards and regulations that.
The security of land tenure for holders of right of occupancy in tanzania under the land policy 1995 and the land act of 1999 is assured. Pdf tanzania is a relatively new mining country, and mining has become a hotly debated issue in the country. Tanzania is a relatively new mining country, and mining has become a hotly debated issue in the country. Fundamental principles of the national land policy. Using cross sectional data obtained from the first wave of the national panel survey data. Land is a basic resource from which all human beings and other living creatures depend upon their survival. Under the 1967 land acquisition law the government may also convert lands. The land problem in namibia is a direct result of the land policy of the apartheid colonial system that created imbalances in property relations in the territory. Comparative analysis of key trends and contextual factors. Types of tenure systems types of ownership, security of tenure acquisition and utilization of land. The purpose and scope of the proposed tenure reform in the former homelands of south africa. Pdf customary land tenure system in tanzania felician. Nevertheless, the land ordinance 1923 remains, to this date, the basic land tenure and land use law in tanzania. The present system of land tenure accepted since independence, and further developed over three decades is a product of the past.
Land tenure in tanzania crowdsourcing and government. Land tenure is important in rural development interventions which place an emphasis on building peoples endowments of assets so they can enjoy sustainable livelihoods. Caroline wanjiku kago chairperson, department of private law, kenyatta university school of law kusol nelly kamundeaquino. The constitution of zanzibar 1984, the land tenure act 1992 and the land acquisition decree 1909 introduces conflicting concepts of acquisition and termination.
Based on the score results obtained from the index scale, the majority of the respondents 53. It is an important factor affecting the present utilization of land in the world and it also serves as a legal instrument through which land reforms can be started or assisted. This policy represents a new turningpoint in the development of tanzania. Types of land tenure systems in uganda land ownership in uganda. The aim of the project was to enhance economic growth in the country by securing land tenure rights. Pdf tanzania is a relatively new mining country, and mining has become a hotly debated. Overall, tanzanias reform differs from the reforms of the past in important ways. In jurisdictions such as the uk and eu, it is the purchaser who bears the responsibility of ensuring observance of the merger control rules and the associated risk of noncompliance.
Constraints and opportunities martin adams, ben cousins and siyabulela manona december 1999 overseas development institute. Rights over the land are under the control and direction of. 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 specific objectives of the policy are discussed in a previous article and. Alivelihood is sustainable when it can cope with, land tenure and rural development 3 2. Contemporary processes of largescale land acquisition by investors. Tanzanias property rights and resource governance systems have been in flux for more than 50 years. 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. Tanzania s property rights and resource governance systems have been in flux for more than 50 years. The challenges of customary land tenure in zambia shaping the change xxiii fig congress munich, germany, october 8, 2006 211 the challenges of customary land tenure in zambia mweembe muleya mudenda, zambia 1.
Whether the frame of reference for the system of land tenure is the community or the individual, there. The existing processes are not cost effective, are poorly managed and corruption and lack of transparency are not uncommon. The land act principal legislation arrangement of sections section title part i preliminary provisions 1. In most societies in precolonial kenya the commonest mode of land holding was indeed thro non specific authority within the clan or lineage or families and towards that end, we may identify several types of land tenure so that one may talk of such tenure taking the form of the broader communal tenure whereby members of the group are deemed to.
Since colonial times and up to today, all land in tanzania has been under. Types of land tenure systems in uganda land ownership in. The effects of existing land tenure systems on land use in kenya today chege waiganjo and paul e. Before colonialism landholding was based on customary laws of the different tribes in tanzania in all 120. Customary land tenure is characterised by its largely unwritten nature, is based on local practices and norms, and is flexible. This document provides an empirical picture of the causes and effects of tenurerelated disputes between private sector actors and local peoples across different regions and sub. Land tenure system in nigeria has been described as those systems which represent the relationship of man in society to land even though actual patterns may differ from community to community but there are certain uniformities of type in relations involved which make it. Review of land tenure systems to support the creation of an enabling. Colonial history, conflicting statutory measures, broad socioeconomic pattems and demographic. 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. A land tenure system is the way in which a society obtains, uses and distributes rights to land. There is a feeling among both local people and human rights advocacy groups that the government has betrayed ordinary people. Rapid growth rates such as elevated gdp and constantly increasing fdi are slowly pushing tanzania into the focus of international operating companies looking to. An analysis of igbo traditional land tenure system in.
564 1489 947 619 1244 1091 1499 1159 142 8 530 1221 1471 254 782 909 978 80 431 1073 1566 1232 1549 695 1437 1364 1601 653 490 1152 339 669 1540 1060 950 1118 467 265 1148 1391 321 1323 619 1160 800 1140 261