Land Administration in Africa Searching for Land Tenure Security May 24, 2006

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Land Administration in AfricaSearching for Land
Tenure SecurityMay 24, 2006

• Tanzanias National Land Policy
  Operationalisation and Implications on Land
  Administration

Dr. Furaha Lugoe, Lead Consultant, Topo-Carto
Consultants Ltd topocarto_at_raha.com

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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• Act No. 2 Repealed, Villages Incorporated into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

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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

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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

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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)

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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

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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

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QUESTION TIME