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Outline. Background Approach to Implementation of Village Land Act Preliminary Results and Lessons Next Steps. Mainland Tanzania. Overview of Tanzania. Area: 942,800 km 2 (land area 881,300 km 2 ) Tenure: 2% general, 70% village, 28% reserves Population (2002): 33.461 million

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Outline l.jpg
Outline

  • Background

  • Approach to Implementation of Village Land Act

  • Preliminary Results and Lessons

  • Next Steps


Mainland tanzania l.jpg
Mainland Tanzania

Overview of Tanzania

Area: 942,800 km2 (land area 881,300 km2)

Tenure: 2% general, 70% village, 28% reserves

Population (2002): 33.461 million

Population growth rate (2002): 2.8%

Urban population (2002): 22.6%

Administration:

Regions: 21

Districts: 121

Villages: ~12,000


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National Land Policy 1995

  • all land in Tanzania is public land vested in the President as trustee of all citizens

  • existing rights and long-standing occupation secured by law

  • facilitate the equitable distribution of land

  • limits the amount of land held by one individual/entity

  • ensure productive and sustainable use

  • an interest in land had value

  • full and fair compensation based on market value (other costs, loss of profits etc).

  • efficient, effective, economical and transparent land administration system

  • participation by all citizens in matters concerned with their use of land

  • facilitate land markets (but protection for small holders and pastoralists)

  • land law accessible and understood by all citizens

  • encourage the dissemination of information about land

  • women have the same rights as men


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Legal Framework

  • New land laws enacted

    • Land Act No. 4 of 1999

    • Village Land Act No. 5 of 1999

    • Land Disputes Courts Act No. 2 of 2002

  • Advantages of the laws:

    • Laws based on National Land Policy

    • Village Land Act shifts authority for customary land from central agencies to the villages

    • Increased recognition for women

  • Some disadvantages noted by some commentators:

    • Concentration of power in Ministry

    • High degree of administrative discretion

    • Overly complex procedures


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Background

  • Strategic plan for the implementation of the land laws (SPILL) prepared 2004-5 with EU support

  • BEST/Private Sector Competitiveness Project commenced in 2006 with a Land Sub-Component focusing on SPILL:

    • Land registration and information

    • Survey/mapping infrastructure

    • Implementation of the Village Land Act

    • Formalisation of informal urban land holdings

    • Facilitating resolution of land disputes

    • Capacity building


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Implementation of Village Land Act

  • Ministry commenced a pilot implementation of VLA in Mbozi District (175 villages) in 2002

    • Survey of boundaries of 7 villages

    • Develop District and 7 Village Land Registries as a pilot

    • Sporadic registration undertaken in the 7 villages

    • By May 2005 there were 141 CVLs and 500 CCROs

    • Activity extended to other districts (Iringa, 2 districts in Tanga)


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Implementation of VLA

  • Designed as a scaling up of Mbozi experience

  • Support for a sample of 8 villages in each of 15 Districts

  • In early 2007 a new approach was adopted

    • Use of satellite imagery as a map base

    • Systematic approach in 2 districts – to complete all villages in the districts

    • Start in a phased manner, with 9 villages in each district

    • Review and scale up

      • Phase 2: villages covered by existing imagery (15 in Babati and 22 in Bariadi)

      • Phase 3: remaining villages in the 2 districts (~71 in Babati and ~93 in Bariadi)


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Pilot Projects under PSCP

Bariadi District

Region: Shinyanga

Area: 9,445.7 km2

Population (2002): 603,604

Wards: 26

Villages: 124

Babati District

Region: Manyara

Area: 4,753 km2

Population (2002): 302,253

Wards: 21

Villages: 95










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Implementation

  • New manuals prepared, staff trained

  • Field work commenced in late April 2009 with plans to complete 9 villages in each district in 5 months

  • Work actually completed in November 2009

  • Second phase (additional villages – Babati (15), Bariadi (22)

  • National workshop held in March 2010

  • Awaiting final reports



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Challenges in October 2009

Problems Listed in Babati

  • Delay in procurement of tools, equipment and stationary

  • Inadequate number of laptops

  • Shortage of GIS experts

  • Difficult terrain

  • Lack of software to optimise outputs

  • Lack of office Space

Lessons Listed in Bariadi

  • Village Adjudication Committee (VAC) and Hamlet leaders very useful in solving disputes

  • Satellite imagery is very useful

  • Systematic adjudication reduced disputes

  • Need to have software to prepare CCROs and produce register books

  • CCRO format should be modified


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Observations in October 2009

  • Participatory land use planning had worked well – but little land set aside for pastoral or common use

  • Urban centres need to be addressed – CCROs being issued, but planning is required

  • Very low level of disputes – Bariadi (8), Bariadi (76)

  • Delays in preparing and issuing CCROs noted

  • Both teams struggled with computer systems

  • Duplication in forms noted

  • Budget for village registries insufficient without contribution from village – but this is possible




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Lessons

  • Success to date

    • Developed a systematic registration process that includes safeguards – field tested and manual being revised

    • Demonstrated community acceptance of systematic approach

    • Flexible, low-cost survey methodology accepted

  • Immediate challenges

    • Being truly systematic – getting CCROs issued

    • Sourcing satellite imagery at reasonable cost

    • Solving procurement issues

    • Reducing reliance on Ministry and District staff in scale-up

    • Reducing unit cost to justify a wider scale-up

  • Longer-Term Challenges

    • Clarification of land records systems (village/district/zone)

    • Simplifying processes – may require legal changes


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