DECISION MAKERS MEETING GOOD ADMINISTRATION OF LAND FORMALISATION OF CUSTOMARY LAND TENURE : AN INITIATIVE FOR POVERTY REDUCTION. PRESENTED BY MR. ALBERT A. MSANGI COMMISSIONER FOR LANDS- TANZANIA
Tanzania Location: Eastern Africa Longitude 29 degrees and 41 degrees East. Latitude 1 degrees and 12 degrees South of Equator. Climate: Tropical Area: 945,000 sq km Population: 35 million Women 51% Under age of 15: 46% GDP growth 6.9%) Inflation Less than 5% Urban Population 25%
POVERTY REDUCTION TANZANIA A POOR COUNTRY In 2001 the GNP per capita was $ 246 and per capita GDP was US $ 251. Thus initiatives for Economic Growth and Reduction of Poverty imperative. Tanzania embraced international strategies e.g. the Millennium Development Goals (MDGS),
POVERTY REDUCTION CONT. Designed national Strategies and Programs for Economic Development e.g. - the Tanzania Development Vision 2025 - National Strategy for Growth and Reduction of Poverty (NSGRP), and - the National Poverty Eradication Strategy(NEPES)2010
IMPORTANCE OF LAND Land is the mainstay of economy in Tanzania 80% of population who live in rural Tanzania depend on agriculture for their livelihood and occupy 70% of the land. 35m population also depend on agriculture for food while some industries depend on agricultural produce Agriculture contributes 45% to the country’s GNP and about 60% of foreign exchange.
LAND POLICY National Land Policy 1995 the first comprehensive land policy designed to govern land tenure, land use management and administration and to provide land conflict resolution mechanism. The Policy reiterated and retained four tenents that; - land is publicly owned and vested in the President as a trustee on behalf of all citizens;
LAND POLICY CONT. speculation in land to be controlled; recognition of right of occupancy both statutory and customary; rights to land dependents on effective use and occupation.
Objectives of the policy; Promote and enhance land tenure security especially customary rights, Promote equitable distribution of land by all citizens, Encourage optimum use of land resources to facilitate broad-based social and economic development,
LAND POLICY CONT. Protect land degradation for sustainable development, Provide land related services efficiently and effectively.
TENURE SYSTEM - Granted Right Of Occupancy RIGHT OF OCCUPANCY DIVIDED INTO: - Customary Right of Occupancy - Granted Right Of Occupancy NATIONAL LAND POLICY AND THE LAND ACTS OF 1999 DECLARED BOTH SYSTEMS AT PAR ALL LAND IS PUBLIC LAND VESTED IN THE PRESIDENT ON BEHALF OF ALL CITIZEN.
FORMALISATION Formalisation is the legalisation of unregistered and legally unrecognised property. Formalisation of customary land tenure involves adjudication, demarcation, registration, titling and a conflict resolution mechanism.( Part of the Property and Business Formalization Program)
FORMALISATION CONT. Prerequisites: - establishment of district and village registries. - village issued with Certificate of Village Title by the Commissioner of Lands
ADVANTAGES OF FORMALISATION Formalisation of land tenure is expected to; - Increase security of tenure, - Increased confidence to invest, - Make land collateral for credits - Increase investment on land and thus get more produce - create employment opportunities. contribute to reduction of poverty.
THE PROCESS After establishment of district and village registries a holder of customary land right can apply to the village Council for a Certificate of Customary Title Village Council adjudicates the land and presents its recommendations to the Village Assembly. If successful the applicant demarcates the land and the titles is prepared and registered at the village and the district registries.
ISSUANCE OF CCT
CHALLENGES Lack of capacity to speed up establishment of the framework for formalisation Lack of awareness of the land policy and laws Traditional customs and practices in respect of dispositions die hard.
Challenges cont. Delay in enactment of general inheritance law to decree discrimination of women in inheritance of land Lack of a financial institution established to extend credits to farmers and reluctance of other Banks to offer loans on customary land holding. Dispute settling machinery weak. Unharmonized land related laws
WAY FORWARD To continue to mobilise financial, technical and human resources for funds for implementation of the Land Acts To disseminate information and carry out public awareness campaign on land policy and legislations. To sensitise stakeholders to be more pro –active in implementing the Land Acts.
WAY FORWARDS CONT. To sensitize financial institutions to accept Certificate of Customary Title as collateral. To remind the Government on making decision on mortgage finance facility. To harmonize land related laws
GRATITUDES THANK YOU ALL FOR LENDING ME YOUR EARS