INSTITUTIONAL FRAMEWORK AND ACCESS TO LAND IN PERI-URBAN AREAS IN TANZANIA: A PERSPECTIVE FROM ACTORS Said Nuhu Institute of Human Settlement Studies, Ardhi University PhD Student, Swedish University of Agriculture Sciences and Ardhi University (Double degree program)

Study objective Exploring the existing institutional arrangement that guide access to land in peri-urban areas and analysing the views of actors towards these arrangements: basing on challenges and opportunities of each one.

ACCESSING LAND IN PERI-URBAN AREAS IN TANZANIA LAND Governance: “is a process by which decision are made regarding the access to use of land, the manner in which those decisions are implemented and the way that conflicting interests in land are reconciled” (Palmer et al., 2009: 9) Multi-faceted and complex arrangement of land governance. Each individual/actors access land by using different ways. Common known institutional arrangement are; forma and informal set of arrangement.

INSTITUTIONAL THEORY Institution are formal and informal rules that organize or shapes the social, political and economic relations (North, 1990). The formal institutions; are the formal rules and procedures that determine the state of the political decision making. Informal institutions are sets of socially shared rules and norms that determine social interactions and behaviour of actors. Institutions are formed to reduce uncertainty in human exchange.

data collection METHODS Study approach: Base on qualitative and quantitative approaches: Data were collected in 2017/2018 Study area: peri-urban areas of Dar es Salaam: in Wazo-Madale; Goba-Goba-center and Goba-Muungano DSM is a big city with complex process of access to land. High demand of land for different socio- economic activities.

data collection METHODS Study population: The total number 78 people engaged in the study where 60 are local communities and 18 are participants from wards, ministry of land, municipal, private sector and CSOs. Quantitative household survey of 60 peri-urban land occupier In-depth interviews Ward community leader survey (N=6) In-depth interviews municipal and ministry of land officials (N= 3) In-depth interviews with officials from private sectors and SCOS (N=5) Documents reviews: the land acts and policy were reviewed.

THE FORMAL SET OF INSTITUTIONAL ARRANGEMENT Before colonialism: land was governed by customary tenure system; land was accessed through family, clan and tribes/chiefs. Changes happens after colonialism. Germany time: Number of changes e.g. imperial decree 1885 that all land shifted to the empire except land which was under private. During the British time: introduce Land Ordinance Cape. 113 states that all land are public whether occupied or not. After independence: Various laws and policy were introduced, but some have inherited from the colonial policies e.g.

ESTABLISHED LEGAL AND POLICIES AND ROLE OF ACTORS

Informal set of institutional arrangement This is the dominant process of access to land in the study areas. Has it as noted by many scholars (e.g. Kombe, 2005; 2010; Kironde, 2009) 80% of land in peri-urban areas in DSM was accessed through informal process. This was attributed by the failure of the government on coping the high demand of planned and surveyed land. There are various ways of access land informally identified in the study areas e.g. inheritance, given land as a gift or invasion of vacant land.

INFORMAL WAYS OF ACCESS TO LAND Number (N=60) Total Wazo Goba No % Inherit 2 7 4 6 Purchase 23 77 28 93 51 85 Invade vacant land 3 10 5 Given gifts 1 Allocation 30 100 60

ACTORS STAND PONT’S: THE FORMAL INSTITUTINAL ARRANGEMENT Challenges and opportunities Complexity c of the process Incoherent of land administrative structure. Weak policy and legal framework in settling land disputed e.g. those governing wards tribunal. Opportunities Recognition of PPP in land matters e.g. PPP Act of 2010 Strengthening peri-urban land governance e.g.. the constitutional of 1997 and Urban planning act of 2007 recognised the right of people participation on land matters.

Actors’ standpoint; The informal ARANGEMENTS Opportunities Helps the low income earners to access land easily. Efficiency socially regulated land access mechanisms. Challenges Silence of land on informal actors and practices Insecurity of tenure Sources of land use conflicts

Suggestions for Addressing the Challenges

conclusions The formal and informal set of arrangements of access to land are not coordinated leading to unregulated and uncoordinated city growth and development. Therefore it is important to clarify boundaries; Through establishing boundaries between the two or establishing the easiest and single one which can even been accessible and easy to the poor people.

conclusions Reform should maintain a nuanced understanding of existing institutional arrangements that guide access to land in peri-urban areas in Tanzania, because this are areas for urban expansion. Understanding nature and causes of existing challenges of each institutional arrangements has important implications of the success of the intended reforms.

Thank you Many thanks to my academic supervisors, colleagues and the universities to which I belong and all those who have been part of this endeavor. I would also like to thank my financial supporter (SIDA) for making this work reality.