Land Administration in Africa Searching for Land Tenure

Land Administration in Africa Searching for Land Tenure Security May 24, 2006 Tanzania’s National Land Policy – Operationalisation and Implications on Land Administration Dr. Furaha Lugoe, Lead Consultant, Topo-Carto Consultants Ltd topocarto@raha. com

Evolution of the NLP § Hierarchy of Reforms (1 st 15 Years) − Tenure Conversion (band aids) within the 1923 Land Ordinance (AIM: to remove feudal elements and perpetual interests) − − 1963 Amendments to allow conversions of Freeholds 1965 Amendments Enfrachisement of Nyarubanja 1968 Amendments incl. Pare, Moshi & Tukuyu Districts 1968 Government Leaseholds conversion to Rights of Occupancy − Villagisation − Villages and Ujamaa Villages Act No. 21 of 1975, − Act No. 2 Repealed, Villages Incorporated into the Local (District Authorities) Government Act No. 7 of 1982, − Act No. 22 of 1992 – on tenure security in Villages

Evolution of NLP cont…. . • Hierarchy of Reforms, 2 nd 25 Years National Consultative Processes on Land Tenure (the Shivji Commission) − Drafting the NLP document (Land Policy Passed by Parliament) − Enacting Laws Informed by the Policy (Land Act No. 4 of 1999, Village Land Act No. 5 of 1999 & Land Dispute Courts Act No. 2 of 2002) − Strategy and Programme of Implementation (Strategic Plan for the Implementation of the Land Laws; Linkage with NSGRP) − Undertake Programme Activities

Essence of the NLP • Fifteen Fundamental Principles of the National Land Policy focus on: Vestment; Existing Rights & Long Standing Occupation; Distribution and Access; Regulating Holdings; Land Value; Productive use of Land; Compensation; Land Administration; Participatory Decision Making; Land Markets; Simplicity of Land Regulations; Tribunals; PEACE; & Gender

Huddles to Proper Land Administration • Legacy of Villagisation (Over populated villages, tenure insecurity, Lost Properties, Delayed replacement for traditional authorities) • • • Mindsets of Land Administrators & Land Users Poverty – slow developments, old approach to land-use, encroachments Centralised Services, Corruption LAI Leaves Much to be Desired Land Scarcity in Some Areas Conflicts Between Pastoralists, Peasants, & the Environment Land Administration Finance Underperforming Operatives Traditions (Creation of Disadvantaged Groups)

Noted Successes • • • Smooth Reform Process, though delayed, Soon Inclusion of Land Sector in NSGRP Fifteen Principles - easy guide for land users’ understanding of rights & in dealings with land administrators Owned and Internalised Outcomes - General Acceptability of NLP, Land Acts, SPILL, etc, by the people DP warming up to assist lands sector

NLP Implications on LA • • • Land Re-distribution to Address Poverty Decentralisation of Services now Necessary New Mindset Needed to Support Policy Initiatives & Contributions to Economy PPP and Enhanced Civil Society Involvement Higher Budget for Sector Activities Needed

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