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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 • Background • Approach to Implementation of Village Land Act • Preliminary Results and Lessons • Next Steps
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
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
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
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
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)
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)
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
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
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
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
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