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 is a system whereby a person pays a certain sum of money for the right of ownership of a piece of land. Land administration is the way in which the rules of land tenure are applied and made operational. 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. Pdf customary land tenure system in tanzania felician. 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. Tanzanias land tenure systems and the resultant implications for land ownership and. Julian quanis a social and political scientist with 25 years of development experience internationally in africa, latin america, and in the uk.
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. On 18 february, 2016, the uks department for international development dfid, together with copartners sida sweden and danida denmark launched a new land tenure support programme. Customary and informal land tenure system in african cities. Land tenure in much of africa is usually portrayed as either customarytraditional, or statestatutory. There are various types of land tenure systems in uganda under under which citizens and foreigners can buy land, own and utilize it. Tanzania daily news morogoro three districts in morogoro region will have their land surveyed in a bid to help people access title deeds and proper management of their land. 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 customary land tenure system in tanzania felician komu. Selected main features of the agricultural sector in tanzania. Intended as a companion volume to principles of land law in uganda, providing information on aspects of uganda land tenure law, and information about common land problems. 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. The land tenure assistance activity is pioneering a lowcost, participatory land registration system that works at the local level to enable smallholder landowners to secure their property rights. This policy represents a new turningpoint in the development of tanzania. Lessons of experience and emerging issues lorenzo cotula, camilla toulmin and ced hesse february 2004 copies of this publication can be obtained from.
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. Tanzaniafeed the future tanzania land tenure assistance lta. In this connection, arthur young has rightly observed, the magic of private ownership turns dust into gold. Download customarylandlawoftanzaniaasourcebook ebook pdf or read online books in pdf, epub. The main land system in precolonial kenya was communal tenure which is not commonly recognized in the western cultures. Pdf land tenure and mining in tanzania researchgate. This is because in the western world there is an aversion for anything communist or socialist, hence the westerners refused to even recognize that such tenure existed. 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. Legal framework the constitution of the peoples republic of china p. The land act 1998 identifies the four forms of land tenure systems in uganda which include customary, leasehold, freehold and mailo, grants.
Findings the study has revealed that land tenure insecurity is still widespread in southern africa. Download pdf customarylandlawoftanzaniaasourcebook. Customary land tenure is characterised by its largely unwritten nature, is based on local practices and norms, and is flexible, negotiable and location specific. Land tenure is the system of legal rights and obligations governing the holding, acquisition, use, and disposal of land. Tanzania opened up for foreign investment in the mining sector concerns artisan miners who. The land tenure system is based on multiple land regimes all existing side by side. Sep 27, 2015 the main land system in precolonial kenya was communal tenure which is not commonly recognized in the western cultures. 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. Since colonial times and up to today, all land in tanzania has been under. 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. Its components are the system of land ownership and system of labour organization. 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 processes of land administration include the transfer of rights in land from one party to another through sale, lease, loan. Review of land tenure systems to support the creation of an enabling.
He has a specialist expertise in land tenure, rural development, and natural resource and environment management. Implementation of the legislation and further reforms are carried out through a variety of regulations and policies. Increasing technological change and economic integration are requiring policy makers, planners, development experts. Land tenure reform refers to a planned change in the terms and conditions e. The effects of existing land tenure systems on land use in kenya today chege waiganjo and paul e. It should be noted that, this network system had already been done in the other. In this article we will discuss about land tenure system. Kinywanganga is the first village to receive assistance as part of the feed the future land tenure assistance project, funded by usaid. Since colonial times and up to today, all land in tanzania has been under the state, but customary rights are respected in the new land laws. This paper provides agricultural project designers with an analytical basis and rationale for examining traditional land tenure and land use systems, and suggests how to make operational use of such information for key project decisions.
The land tenure act of 1992 provides that the government can grant rights of occupation, which are perpetual and transferable. Land tenure systems and agricultural production in malawi. The processes of land administration include the transfer of rights in land from one party to another through sale, lease, loan, gift and inheritance. 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. Both are now seen as pivotal for strengthening security of tenure for land users. Land is a basic resource from which all human beings and other living creatures depend upon their survival. Polemics of sustainable urban development paper presented at the 4th afres conference held.
Traditional land tenures and land use systems in the. 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. Thus, land tenure means a kind of system of land ownership or holding the land. Rethinking communal land tenure mechanisms the land reforms of the 1990s specifically the land act no. Feudal land tenure is a system of mutual obligations under which a royal or noble personage granted a fiefdom some degree of interest in the use or revenues of a given parcel of land in exchange for a claim on services such as military service or simply maintenance of the land in which the lord continued to have an interest. Enacted by the parliament of the united republic of tanzania. This policy represents a new turning point in the development of tanzania. Types of land tenure systems in uganda land ownership in uganda. The specific objectives of the policy are discussed in a previous.
Land administration, whether formal or informal, comprises an extensive range of systems and processes to administer. This may be necessary in order to avoid the suffering and social instability. Land reform involves changes in tenure relations between land users and the landowner, or in tenure systems, instigated. Many nations in the global south have overhauled their land policies and laws in recent decades, often attempting to simultaneously uphold customary land tenure, and to bring informal land relationships into a formal, standardized land administration system. Historical context of land tenure system history essay. The government can cancel the occupationright if the holder fails to use the land in accordance with good land use principles. Review of the land tenure systems report on tanzania african. Surveying land and allocating it for various purposes will be done in ulanga, malinyi and kilombero districts, through implementation of the land tenure support programme ltsp for tanzania that kicked off in january 2015. How could the same land tenure system accommodate the largescale transition from food crops into cocoa at the opening of the 20th century and so dramatically inhibit investment in land productivity in the same area at the. Upholding customary land rights through formalization. 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. There follows an indepth chapter on the proposals for land tenure reform, including policy options, consultancy reports and their.
Land tenure system has got its specific importance for the development of agriculture. Its principles stem from rights established through first clearance of land, or con. The present system of land tenure accepted since independence, and. 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. Types of land tenure systems in uganda land ownership in. Land acquired through this means can be used for any means. The land use picture in the country is as shown in table 2 table 2. The african development bank group places renewed emphasis on natural resources management as a transformational platform. One of the main sources for conflict about mining at the local level in tanzania is the unclear regulation of land tenure. How does customary law define the very legal or cultural identity of indigenous peoples and local communities. 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. To provide land tenure security is highly complex in tanzania where different legal systems overlap, where the registration of a parcel might take up to 8 years and where regulatory intervention. Tanzanias property rights and resource governance systems have been in flux for more than 50 years.
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. A land tenure system is the way in which a society obtains, uses and distributes rights to land. In addition to mount kilimanjaro, tanzania has large expanses of. Land tenure plays a vital role in achieving sustainable rural development. Land tenure system makes the ownership of land more secure and permanent, which is very much important for the development of agriculture. Land tenure may be defined as the terms and conditions on which land is held, used and transacted. Both male and female can acquire land provided the price is paid. The land in many villages is typically not mapped, demarcated according to use, or registeredand there is significant disparity in how investors. Are land owners secured in tanzania lawbay advocates. Tanzania is a relatively new mining country, and mining has become a hotly debated issue in the country. With dismantle of traditional rulers in tanzania at the time of independence in 1961 and in subsequent legislation e. Tanzania landlinks landlinks landlinks was created.
Pdf an overview of the cadastral system in tanzania. To provide land tenure security is highly complex in tanzania where different legal systems overlap, where the registration of a parcel might take up to. Tanzania s property rights and resource governance systems have been in flux for more than 50 years. 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. Tanzaniafeed the future tanzania land tenure assistance. Land can either be owned in perpetuity or for a given period of time. There is a feeling among both local people and human rights advocacy groups that the government has betrayed ordinary people. 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. Traditional land tenures and land use systems in the design of agricultural projects english abstract. 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. Securing communal land tenure in northern tanzania using. In addition to mount kilimanjaro, tanzania has large expanses of savanna that provide habitat to large populations of wildlife and livestock, as well as significant areas that are suited to intensive agriculture. It explains the background and principles of the law tenure system in precolonial and colonial uganda.
1330 1083 820 347 648 659 951 1025 1484 488 47 256 1262 407 687 337 1258 399 244 963 1254 1210 1420 101 604 564 850 1004 224 50 1244 378 466