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LEGAL FRAME WORK FOR COMMUNITY BASED TOURISM (CBT)

LEGAL FRAME WORK FOR COMMUNITY BASED TOURISM (CBT). TALKING NOTE AT THE MEETING ON 06 TH JUNE 2007 ARUSHA HOTEL BY Francis K. Stolla. 1.0. INTRODUCTION. There are a variety of laws relating to Community Based Tourism. There are also a variety of institutions related to CBT

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LEGAL FRAME WORK FOR COMMUNITY BASED TOURISM (CBT)

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  1. LEGAL FRAME WORK FOR COMMUNITY BASED TOURISM (CBT) TALKING NOTE AT THE MEETING ON 06TH JUNE 2007 ARUSHA HOTEL BY Francis K. Stolla

  2. 1.0. INTRODUCTION • There are a variety of laws relating to Community Based Tourism. • There are also a variety of institutions related to CBT • There are a variety of resources involved in the whole concept of CBT

  3. BASIC LEGAL FRAME WORK FOR VILLAGE - OPERATORS CONTRACTS • Local Government legislation; LG (DA) Act 1982- creates Village organs ( Village Assembly, Village Council) and vests them with powers. -Village Assembly – an organ with supreme authority in the village -Village Council- A body corporate with capacity to enter into contracts, is a Trustee for the benefit of the Villagers

  4. VILLAGE ORGANS ROLES • Under the Local Govt (DA) Act 1982 • Village Assembly formulates village policy and directs Village Council through resolutions • Village Council- implements directives, enters into contracts

  5. THE LAWS EFFECTIVE IN VILLAGES • The Land Act 1999- -applies generally, -applies to general land in village boundaries, - Takes precedence over all other laws in case of conflict

  6. THE VILLAGE LAND ACT 1999 • Gives power to the Village Council to manage land • Gives power to the Village Assembly to give consent to land allocation and other types of land use

  7. THE LAND REGISTRATION ACT • Requires that all land related documents including contracts to be registered so as to have recognition • THE LAW OF CONTRACT ACT -Provides for the conditions of the formation of the contrat.

  8. CONFLICT OF LAWS • The Land Act and other laws -The Land Act 1999 overrides any other law in case of conflict on land matters • The Village Land Act and The Wildlife Conservation 1974 - The law that is particular overrides the general one

  9. WMA FRAME WORK • The governing law Wildlife Conservation Act, 1974 and the WCA (WMA) Regulations of 2002 • Creates WMA, CBO, AA • Role of the Village organs is reduced • AA becomes a body corporate, thus with capacity to contract in the WMA

  10. OTHER INSTITUTIONS ADDED • In WMA’s the Director of Wildlife (Director of Game) approves or disapproves contracts in WMA

  11. PRACTICAL CONFLICTS • Conflicts based on mis interpretation of the law • Inappropriate Judicial intervrntions • Inappropriate administrative interventions

  12. WHAT SHOULD BE DONE • Awareness raising -To all the stake holders Village organs, villagers, tourist operators, District Councils, central government organs • Law Reform - Harmonization of the laws

  13. CONCLUSION • All the stake holders should operate to complement one another, rather than getting into antagonism with one onother. ***** ASANTENI SANA ******

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