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