This paper describes the rich history of zambian land tenure systems and discusses the present land tenure system. A fundamental goal of tenure reform is to enhance peoples land rights and thus provide tenure security box 2. Land tenure is an issue in both cases, though for different reasons because land tenure is often more clear in developed countries. But it is important that the political and social rami. Land tenure systems and agricultural production in malawi. 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 customary land holding system in tanzania and possibly other african countries. 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. Kinywanganga is the first village to receive assistance as part of the feed the future land tenure assistance project, funded by usaid. Background to land tenure reform this paper starts from the premise that land, as the key resource in africa, is at the centre of its political struggles just as much as it is the fount of its economic wealth. In 1999, the land act and the village land act were passed, recognizing land held under.
Lessons of experience and emerging issues lorenzo cotula, camilla toulmin and ced hesse february 2004 copies of this publication can be obtained from. Land laws passed in 1999notably the land act and village land actrecognized customary tenure and supported some private property rights. With dismantle of traditional rulers in tanzania at the time of independence in 1961 and in subsequent legislation e. The land tenure support programme will support the government of tanzania, through the ministry of land housing and human settlements development mlhhsd, to. Land registration and cadastral systems exist in great variety.
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. Land tenure reform refers to a planned change in the terms and conditions e. The land in many villages is typically not mapped, demarcated according to use, or registeredand there is significant disparity in how investors. Interrogating the tenure security discourse paper for the ifad mlwe unops workshop on land tenure security. 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. Land tenure in much of africa is usually portrayed as either customarytraditional, or statestatutory. Dfid supports tanzania land tenure support programme ltsp. Increasing technological change and economic integration are requiring policy makers, planners, development experts. Tanzanias property rights and resource governance systems have been in flux for more than 50 years. Meeting on land tenure systems and sustainable development in southern africa held 1 3 october 2003, in lusaka, zambia, and their comments have been incorporated into this report. Land tenure classifications in kenya university of cambridge. The land use picture in the country is as shown in table 2 table 2. Julian quanis a social and political scientist with 25 years of development experience internationally in africa, latin america, and in the uk.
In addition to mount kilimanjaro, tanzania has large expanses of. Since colonial times and up to today, all land in tanzania has been under. The determinants of socioeconomic status flow from the outcomes of these struggles. This may be necessary in order to avoid the suffering and social instability. Pdf land tenure and mining in tanzania researchgate. There are various types of land tenure systems in uganda under under which citizens and foreigners can buy land, own and utilize it. Land tenure in tanzania is in the form of a right of occupancy and leasehold. 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. Tanzania land compensation and benefit sharing study. Land tenure in tanzania crowdsourcing and government. The undersigned certifies that he has read and hereby recommends for the acceptance by the university of dar es salaam a dissertation entitled. There is a feeling among both local people and human rights advocacy groups that the government has betrayed ordinary people.
Enacted by the parliament of the united republic of tanzania. The land tenure project in tanzania run from 2014 to 2016. Customary land tenure is characterised by its largely unwritten nature, is based on local practices and norms, and is flexible, negotiable and location specific. 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. 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. 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. The present volume is part of a series of land tenure studies produced by faos land tenure service of the rural development division. These relationships are dynamic and change with cultural. Historical context of land tenure system history essay. 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. This study, for booz allen hamilton and usaid, provides tanzanian government officials, donors, and civil society with information about the possible governmental role in facilitating sustainable, large scale land investments while safeguarding tenure security and maximizing returns to government, investors and rural populations. Alivelihood is sustainable when it can cope with, land tenure and rural development 3 2. Its principles stem from rights established through first clearance of land, or con. The effects of existing land tenure systems on land use in kenya today chege waiganjo and paul e.
Based on the score results obtained from the index scale, the majority of the respondents 53. Cbnrm is an attempt to allow local people access to manage their surrounding natural resources, whether for direct subsistence or. Tanzania is a relatively new mining country, and mining has become a hotly debated issue in the country. Land tenure may be defined as the terms and conditions on which land is held, used and transacted. There is a feeling among both local people and human rights advocacy groups that the. 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.
The land act 1998 identifies the four forms of land tenure systems in uganda which include customary, leasehold, freehold and mailo, grants. Improved access to and utilization of land and other natural resources, and better conflict handling systems are therefore important for increasing economic growth and reducing poverty. Under this framework, almost 70 percent of all land in tanzania is village land, and about 28 percent is reserve land set aside for purposes such as forest reserves, game parks and public. 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. Land tenure is important in rural development interventions which place an emphasis on building peoples endowments of assets so they can enjoy sustainable livelihoods. 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 can either be owned in perpetuity or for a given period of time. 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. 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. Findings the study has revealed that land tenure insecurity is still widespread in southern africa. Under the land act, there are several categories of land but the most relevant is general land. A comparative study of land tenure reform in four countries.
On the dryland planes of tanzania, livestock and their herders, sometimes entire families, can move large distances to reach suitable pastures, which causes some pastoralists to live a nomadic or semi nomadic existence. Land is a basic resource from which all human beings and other living creatures depend upon their survival. Pdf customary land tenure system in tanzania felician. Land tenure is the system of legal rights and obligations governing the holding, acquisition, use, and disposal of land. 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. Types of land tenure systems in uganda land ownership in uganda. Most land in tanzania is held under customary tenure arrangements. The aim of the project was to enhance economic growth in the country by securing land tenure rights. 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. 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. Communitybased land tenure management 1 p re f a c e in 1999, tanzania enacted a basic new land law in the form of the land act and the village land act. C o m m u n i t y b a s e d land tenure m a n a g e m e n t. Land tenure policy implications in tanzania ea on small.
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