This filmfirst in a series of nine training modulesintroduces ways in which land tenure and property rights issues intersect with those relating to economic growth, food security, natural. 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. A person or community whose tenure of land is legally insecure as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an act of parliament, either to tenure which is legally secure or to comparable redress. Despite achievements in national land policy and legal reforms of. Download pdf customary land law of tanzania a source book. Tanzaniafeed the future tanzania land tenure assistance. The land tenure support programme will support the government of tanzania, through the ministry of land housing and human settlements development mlhhsd, to. Historical context of land tenure system history essay.
The primary legislation governing land ownership is the land act, no. 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 attract and support. This may be necessary in order to avoid the suffering and social instability. Usaid works in over 23 countries to improve property rights and land and resource governance. Land tenure policy implications in tanzania ea on small. Land tenure policies in the fast developing country of tanzania, with a gdp growth of estimated 6% in 20, create barriers for small and midsized investors who would otherwise be willing to invest in the country. Land conflict management through the implementation of. A fundamental goal of tenure reform is to enhance peoples land rights and thus provide tenure security box 2. Land tenure and economic development in rural south africa. It determines who can use land, for how long and under what conditions. Land tenure reforms and investment in tanzania download reference. 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. Securing land tenure and property rights for stability and. Section 256 of the constitution of the republic of south africa states.
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. This report examines the impact of westernstyle development and conservation on livestock herders in northeast tanzania and presents data which challenge the ethics and also the validity, utility and profitability of this approach. For convenience, land is used here to include other natural resources such as water and trees. Cattle is mainly reared free range and pastoralists have been moving from one part. 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. Dfid supports tanzania land tenure support programme ltsp.
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. Securing collective land tenure for huntergatherers in. Land has played a critical role in tanzanias development. Download pdf customary land law of tanzania a source. The following case study is an extract from protecting community lands and resources in africa, a book of case studies that highlights land rights advocates innovative community land protection efforts. For many women in particular who received certificates, this is the first time their right to land has been guaranteed through a legal process. He has a specialist expertise in land tenure, rural development, and natural resource and environment management. Caroline wanjiku kago chairperson, department of private law, kenyatta university school of law kusol nelly kamundeaquino. Land tenure reforms and investment in tanzania, in partial fulfillment for the degree of masters of. Using cross sectional data obtained from the first wave of the national panel survey data. Land tenure system meaning, types, advantages and disadvantages. Tanzaniafeed the future tanzania land tenure assistance lta. This emphasizes the community as the lord of the land.
Under the land act, there are several categories of land but the most relevant is general land. The findings suggest that land registration enhances tenure security, protects vulnerable groups and. Assessing the impact of customary land rights registration on. Land tenure reforms and investment in tanzania efd initiative. The feed the future land tenure assistance project will support. Land tenure in tanzania is in the form of a right of occupancy and leasehold. In 1999, the land act and the village land act were passed, recognizing land held under. Land tenure reforms and investment in tanzania efd. One key aspect of traditional tenure is free access to land by all members of a community. Current land tenure frameworks, issues and conflicts in the country have historical roots dating back to the precolonial period. There is a feeling among both local people and human rights advocacy groups that the government has betrayed ordinary people. The average population density on a land area of 94,079 square kilometres was 59 persons per square kilometre. The head of the community decides the basis for land sharing, which is usually done every planting season. Customary tenure, governance, uniformity of titling summary this paper argues for the need to adopt a uniform land titling system that does away with the.
The population of malawi at the september 1977 census was 5,571,567. 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. Securing land tenure and property rights for stability and prosperity. This study examines the history of land ownership in two similar communities, one in. Pdf tanzania is a relatively new mining country, and mining has become a hotly debated issue in the country. The national land use framework plan 20072027 tanzania 2008b gives the main land use types as shown in table 5. Land tenure in the precolonial era in kenya was based on the assumption that every member of the society could enjoy equal access to the land belonging to the community. The government controls all means of productions including land. Fundamental principles of national land policy part iii classification and tenure of land 4. 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. The free registration gives all groups of people the opportunity to expose their lands to investors. Review of land tenure systems to support the creation of an enabling.
While tanzania s 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. 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. The land policy in tanzania, which has been implemented. Customary law evaluation land reform laws, regulations and rules land tenure.
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. Land tenure is another phrase for land ownership, frequently used outside of the united states. Tanzaniafeed the future tanzania land tenure assistance lta dai, an international development company. Nov 18, 20 this filmfirst in a series of nine training modulesintroduces ways in which land tenure and property rights issues intersect with those relating to economic growth, food security, natural. 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. Click download or read online button to customary land law of tanzania a source book book pdf for free now. Publication date 20 note students are advised to use this casebook alongside the land acts as well as the customary land law of tanzania, a sourcebook by r. Tanzanias land tenure systems and the resultant implications for land. Since colonial times and up to today, all land in tanzania has been under. Introduction tanzania is a relatively new mining country. This study argues that unclear land and mining rights, and conceptual differences in how land and mining rights are perceived, contribute to considerate. Assist villages and district administrations in completing the land use planning process.
Land tenure policies in the fast developing country of tanzania, with a gdp growth of estimated 6% in 20, create barriers for small and midsized investors who would otherwise be. Mozambiques 1997 land law duat, ivory coasts 1998 rural land law. Pdf land registration and cadastral systems exist in great variety. The land act principal legislation arrangement of sections section title part i preliminary provisions 1. 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. This article examines the relationship of formal and informal landtenure systems to processes of agrarian change. Land has played a critical role in tanzania s development.
There are many different types of land tenure, including private and public ownership, and each type of land tenure comes with a bundle of rights for the use and disposition of the property. Main land uses in tanzania land use type area 2002. Dai works on the frontlines of international development. Land is a basic resource from which all human beings and other living creatures depend upon their survival. Tanzania land portal securing land rights through open data.
Although it is often assumed that formal legal recognition of private rights in land can help to transform agriculture, causal links between particular tenure systems and agrarian processes are not easily demonstrated. The lgaf has found that protection of individuals rural land tenure rights, under the. Detailed evidence from two communities in kenya and tanzania suggests that none of these conclusions holds because. This study consequently aims at investigating womens access to land through customary land tenure in the makete district in tanzania. Pdf land tenure and mining in tanzania researchgate. Alivelihood is sustainable when it can cope with, land tenure and rural development 3 2. Land tenure is important in rural development interventions which place an emphasis on building peoples endowments of assets so they can enjoy sustainable livelihoods. Nothale rural development department, university of malawi, lilongwe, malawi. Tenure typology and land use in tanzania world bank documents. The effects of existing land tenure systems on land use in kenya today chege waiganjo and paul e.
Oct 24, 2017 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. By edward loure and edward lekaita, ujamaa community resource team ucrt. 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. Kinywanganga is the first village to receive assistance as part of the feed the future land tenure assistance project, funded by usaid. Pdf customary land tenure system in tanzania felician. Tanzania is among the most undeveloped nations in the world, where gender inequalities with respect to accessing land are central problems. The land act 1999 arrangement of sections section title part i preliminary i. Usaid land tenure infographic october2016 pdf 4 mb overview. Most land in tanzania is held under customary tenure arrangements. 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. Customary land law of tanzania a source book download customary land law of tanzania a source book ebook pdf or read online books in pdf, epub, and mobi format.
Securing collective land tenure for huntergatherers in tanzania. 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. In common law systems, land tenure is the legal regime in which land is owned by an individual, who is said to hold the land. Tenure may be based both on official laws and policies, and on informal customs. Tanzania land portal securing land rights through open. Tanzania land tenure and property rights profile 3 emphasized by integrating the principle of free, prior, and informed consent in national legislation and regulatory frameworks. In addition to mount kilimanjaro, tanzania has large expanses of. Fundamental principles of the national land policy. 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. Land tenure systems and agricultural production in malawi. Introduction to land tenure and property rights youtube. Every adult member of the community is a potential land owner.