There are also other laws that impact on coastal forests. An act to provide for the basic law in relation to land other than the village land. In these rgniafons, unless the context interpretation requires otherwise requires act means the land act, 1999. Court means the court established under section 167 of the land act cap. Aerial photography was used in 2001 to map village boundaries and identify individual land. This document is a compilation of land laws and proclamations in tanzania and ethiopia that are in use by land administrations. Village land use planning and commercialization of land in tanzania working paper pdf available march 2016 with 1,711 reads how we measure reads. This edition is based on the current legal context as well as the bill of the land act 1998 and the bill of the village land act 1998, published in september 1998. Registerofvillage land means the registerofvillage land maintained pursuant to section 21 ofthe act. The policy realizes that the land has a value, and that the rights and interests of citizens to land shall not be taken without due process of law. Land in tanzania is technically owned only by the government and is leased for periods of up to 99 years.
Thus we can say a foreigner cannot own land in tanzania unless he wants to use that land for the purposes of or in connection to investment. Many of the landallocation programs have included specific requirements for including widows and womenheaded households among the land recipients. Women in tanzania have until now had tenuous rights to the land they rely on to feed their families. The village land act, 1999 table of contents section. This act may be cited as the land acquisition act, 1967 and shall. Village land, which includes registered villages as well as any land that had been used or occupied by villagers for at least 12 years prior to enactment of the village land act, constitutes 70 percent of land in tanzania. In this act, unless the context requires otherwise act no. Section 20 of the principal act is amended by repealing. Villages lands are defined as lands declared to be village land under, and in accordance with section 4 of the land act and includes any transfer land to a village sect 2 of the land act, see also the village land act. A case of girango division in rorya district in partial fulfilment of the requirements for the award of the degree of master of science in human resource. This act may be cited as the villages and ujamaa villages short title. The land amendment act, 2004 tanzania chamber of commerce.
The rubeho mountains are much lower in elevation, and a compact group of connected peaks. Securing communal land tenure in northern tanzania using. Special attention is paid to the experiences from handeni, where the stateled property and business. Land laws passed in 1999notably the land act and village land actrecognized customary tenure and supported some private property rights. According to the land act, right to access land is a right for all citizens and non citizens, except that procedures for acquisitions or allocation are different. Pdf village land use planning and commercialization of. Pdf village land use planning and commercialization of land. An act to dissolve the registrar of buildings, to reconstitute the national housing corporation and to provide for related or consequential matters i i enacted by the parliament of the united republic of tanzania. Secured interests in property, both movable and real, are recognized and enforced in tanzania under an evolving set of laws, some of which appear contradictory.
Women in tanzania set for equal land rights the guardian. Wildlife management and village land tenure in northern. The specific objectives of the policy are discussed in a previous article and. Participatory land use planning plup in tanzania is grounded in the national policy and legislative framework governing land tenure and local government. Reserve land accounts for 28 percent of all land in the country. The emphasis is on the 1999 land act, the village land act, and the way customary land rights are treated in these documents, but a historical context will be provided. An act to amend the land ordinance and the land law of property and conveyancing ordinance 25th july, 1970 enacted by the parliament of the united republic of tanzania. Abstract currently, tanzania faces numerous challenges related. Oct 15, 2014 women in tanzania have until now had tenuous rights to the land they rely on to feed their families.
The land registration act an act to provide for the registration of land and for related matters. Part i preliminary 11 this act may be cited as short title and comthe village land act, 1999. Land laws and proclamations in tanzania and ethiopia. Tanzanias marriage act 1971 is also relatively progressive. This devolves authority over land administration, land. The first addresses the laws of tanzania, the second the ethiopian laws. Generally, land in tanzania can be acquired through the following methods. The security of land tenure for holders of right of occupancy in tanzania under the land policy 1995 and the land act of 1999 is assured. There are complex legal and administrative procedures for land management and development in tanzania, and these must be complied with for land occupancy. Background to the study africa is a vast continent with diverse political and cultural heritages amongst its 53 countries. The legal basis for village land use plans is found in tanzanias local government legislation mainly the local government act of 1982, which enables village governments to. The latter lays out the legal framework and procedures for most of ta n z a n i a s rural land to henceforth be governed through a community based land tenure management system. Participatory land use planning as a tool for community. General objectives of the policy a and the law include better securing customary rights and providing greater local security.
These laws are a marked departure from the land ordinance of 1923, yet many villagers and communities still do not have security in their customary land. Under this framework, almost 70 percent of all land in tanzania is village land, and about 28 percent is reserve land set aside for purposes such as forest reserves, game parks and public. The ngorongoro crater is the worlds largest intact caldera forming a spectacular bowl of about 265. Problems with land tenure security in northern tanzania influenced components of the national land policy 1995, 1997 and the land act and village land act. In this act, unless the context otherwise requires. Tenure typology and land use in tanzania world bank documents. The important sections of the different acts and proclamations have been abstracted to show how.
The first deals with general land, including urban areas and private estates outside the. Constitution means the constitution of the united republic of tanzania, 197746customary law has the meaning ascribed to it by the interpretation of laws and. This act may be cited as the land laws miscellaneous amendments act, 1970. Special attention is paid to the experiences from handeni, where the. Acquisition of land by foreigners in tanzania lexology. Though tanzanias land act and village land act both passed in 1999 provide for womens. An act to repeal and replace the land acquisition ordinance, to provide for compulsory acquisition of lands for public purposes and in connection with housing schemes enacted by the parliament of the united republic of tanzania. Land act, possession such a certificate affirms the occupation and use of village. The land registration act principal legislation arrangement of sections section title part i preliminary provisions 1. Tanzania land policy came into existence in the 1990s to ensure a secure land tenure system, and to promote the optimal use of land resources and social economic development. The policy argues that procedures for obtaining title to land should be simplified, that land administration should be transparent and further, it recognizes that secure land tenure.
It takes a village mapping land rights in tanzania. The village land act in a nutshell the village land act, number 5 of 1999, refers to governance and administration of village land, which constitutes 70 per cent of the whole land mass of tanzania mainland. The land act states that noncitizens shall not be allocated or granted land, unless it is for investment purposes under the tanzania investment. Definition of public purpose 1 land shall be deemed to be required for a public purpose where it is. Tanzania is mountainous in the farnortheast, where mount kilimanjaro, africas highest peak is located. Simplifying the requirements for issuing occupancy certificates would. Like other reforms in the new wave of land reforms which have taken place in subsaharan africa, tanzanias reform decentralises land administration in rural. This act shall apply to tanzania mainland as well as tanzania zanzibar.
Enacted by the parliament of the united republic of tanzania. The complex land framework created by the village land act was also expensive and slow. Land tenure reforms and investment in tanzania, in partial fulfillment for the degree of masters of. Focus on land the precarious position of tanzanias village. Later this month, several hundred villagers of ilalasimba, tanzania will receive formal documentation of their land rights thanks to a usaid pilot project called mobile application to secure tenure mast. The village land act provides that women must comprise at least 25 percent of the 1525member village councils. Land acquisitions in tanzania rights and resources initiative. Tanzanias system for registering rural lands required approvals from officials at several levels. Besides the land acts, numerous laws and policies influence how land is governed in tanzania. Land in accordance with the customary law of the area s. A focus was applied on the implementation of tanzanias land acts the land act. Diis policy brief mainland tanzania got its land reform in 1999 with the land act and the village land act. Special attention is paid to village governments in recognition of the fact that most of our people live in rural areas.
An analysis of the analyses robin palmer land policy adviser, africa oxfam gb march 1999 introduction on 11 february 1999 the tanzanian parliament passed the land act, 1999 and the village land act, 1999. Rights over the land are under the control and direction of the president of the united republic and those rights cannot be disposed of without the consent of the president. The tanzania citizenship act, 1995 arrangement of sections section title part i preliminary 1. The provisions for a market in land one issue, which has received some attention, is the muchvaunted allowance for a land market. Assessing the impact of customary land rights registration on. Following this brief introduction, chapter two presents land legislation in tanzania.
The policy argues that procedures for obtaining title to land should be simplified, that land. However, each act defines general land differently. Land act, but which has previously not been widely used to secure communal lands. Thorough consultations with the affected groupsindividuals shall be. This section summarizes the legal framework by briefly explain judicial administration act, no. The land act an act to provide for the basic law in relation to land other than the village land, the management of land, settlement of disputes and related matters. Furthermore, the law states in a mandatory tone that a noncitizen shall not be allocated or granted land unless it is for the purposes of investment under the tanzania investment act. C o m m u n i t y b a s e d land tenure m a n a g e m e n t. An act to provide for the basic law in relation to land other than the village land, the management of land, settlement of disputes and related matters i i. Land tenure reforms and investment in tanzania by suzana sylivester a dissertation submitted in partial fulfillment of the requirements for the degree of master of arts economics of the university of dar es salaam university of dar es salaam september, 20.
It is explicitly stated in the act that the commissioner is not bound to act on the recommendations of the land allocation committees s. Guidelines for participatory village land use management. The government prepared tanzanias first national land policy in 1995, which led to the enactment of the village land act and the land act in 1999. Tanzanias village land act 15 years on the year 2016 marks 15 years since the new wave land reforms became operational in tanzania.
Are land owners secured in tanzania lawbay advocates. Enactedby parliament of the united republic of tanzania. Despite its ambitious goals encouraging land registration and titling, and empowering women and other vulnerable groups the results are disillusioning. Disposition of land to foreigners in tanzania tanzaniainvest. The guidelines for participatory village land use management have come at a time when the government is carrying out major reforms aimed at strengthening local government authorities.
The 1999 land act and village land act 4 for rights of occupancy s. These regulations shall be cited as the land assessment of the value of land for cornpewtian. The tanzania government has enacted several laws in order to manage and conserve coastal forests. The government prepared tanzanias first national land policy in 1995, which. Use and implementation of the ccro model should be expanded, especially across tanzanias rangelands, to reduce conflicts over land, promote equal access and ownership, and secure communal rights to land over the longterm as the basis for pastoralist. In 1999, tanzania enacted the village land act and the land act which recognize customary tenure and empower village governments to manage village land. In 1999, tanzania enacted a basic new land law in the form of the land act and the village land act. The village land act and its regulation 2001 represent a new experience for tanzania and there is limited international experience to draw upon.