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

BASIC LEGAL FRAME WORK FOR VILLAGE - OPERATORS CONTRACTS Local Government legislation; LG (DA) Act creates Village organs ( Village Assembly, Village Council) and vests them with powers. Local Government legislation; LG (DA) Act 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

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

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

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

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

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

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

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

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

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

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