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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.
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Land Administration in AfricaSearching for Land Tenure SecurityMay 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 (1st 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conversion to Rights of Occupancy • Villagisation • Villages and Ujamaa Villages Act No. 21 of 1975, • Act No. 2 Repealed, Villages Incorporated into the Local (District Authorities) Government Act No. 7 of 1982, • Act No. 22 of 1992 – on tenure security in Villages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, 2nd 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