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CONSEQUENCES OF CURRENT LAND REFORMS: A CRITICAL OVERVIEW OF SOCIAL ASPECTS CONSEQUENCES OF CURRENT LAND REFORMS: A CRITICAL OVERVIEW OF SOCIAL ASPECTS

CONTENTS q Introduction q Background to reform process q Social aspects in the new CONTENTS q Introduction q Background to reform process q Social aspects in the new land reforms: critical overview o The National Land policy o The 1999 land village land Acts o The land (Ammendment) Act, 2004 q Some suggestions and conclusion.

1. 0 The role of land: Introduction. • Land is an important resource for 1. 0 The role of land: Introduction. • Land is an important resource for livelihood and sustainable development. • Land is a multi-dimensional resource in Human life: source of food, ethnic identity ( history and culture), life-supportive services like air, water, wild products, biodiversity, etc • 80% Tanzanians-depend on land for agriculture, mining, fishing, pastoralism, hunting and gathering • In previous land tenure system-before the new land reform, however, these realities were not given the attention they deserve.

The necessity for reform. • The new land reform was not accidental but a The necessity for reform. • The new land reform was not accidental but a necessity to resolve different social, cultural, economical and political controversies/demands. • Socially-sought to resolve issues of gender and family relations, children rights, Vulnerable groups (e. g. persons with disabilities, orphans and widows), customs and traditions, biased religious practices and so on.

2. 0 The reform Process-overview • Was initiated by the 1990’s president commission of 2. 0 The reform Process-overview • Was initiated by the 1990’s president commission of inquiry. • ü ü ü Key findings: overwhelming tension/conflicts over land gender inequality irregular evictions threatening the social set up of majority poor. ü poor cultural/religious practices ü poor community participation etc. All these had enormous effect to social welfare

The reform…. . . • The over all recommendation. ü The commission called for The reform…. . . • The over all recommendation. ü The commission called for a new land reform • Government reaction. ü Enactment of the 1995 National land policy, the 1999 land Village Land Acts, the land disputes (courts) Act, 2002, Land (ammendment)Act, 2004 and regulations thereof.

The reform…. . • The critics? ü Some activists and critics bittery opposed the The reform…. . • The critics? ü Some activists and critics bittery opposed the procedure and content of the new land policy and laws- that the policy was extra ordinarily prepared with some commission recommendations ignored. Note: The validity of these critiques continues to be open for discussion. ü It is an deniable that the current land reform is associated with strengths and opportunies on the one hand weaknesses and threats on the other in relation to social welfare.

3. 0 Social aspects in the new land reforms: merits and faults. • Areas 3. 0 Social aspects in the new land reforms: merits and faults. • Areas of focus: ü New land Policy and laws-some detrimental provisions and omissions in the context of social welfare. ü Some merits of the new land reform to social welfare.

3. 1 The National land policy-Some fundamental principles ü Land commoditization vs. Social welfare 3. 1 The National land policy-Some fundamental principles ü Land commoditization vs. Social welfare (section 3(k) and (l) to both Acts) -Defeats the purpose of guaranteeing security of tenure to majority impoverished folk by rendering them to ‘landlessness’ -Threatens the livelihood of small land users by exposing land to market forces without guaranteeing fair competition between the interested land competitors.

NLP contd…. . • The impact is the alienation of land from the poor NLP contd…. . • The impact is the alienation of land from the poor to reach people thus affecting the social set up of the poor by importing new themes of enclosure and land concentration (see Sam moyo) e. g. Kisarawe and Rufiji • No more land-for recreation purposes, expansion of social services like schools, health centres, and for absentees, e. g. in some villages now the source of village income is land disposition.

3. 2 The 1999 land village Land Acts ü Three-tire land category vs. Conflicting 3. 2 The 1999 land village Land Acts ü Three-tire land category vs. Conflicting definitions • Unlike the VLA, section 2 of LA includes unoccupied or unused village land as part of general land • With the current desire of the government to secure large pieces of land for investors, it may easily facilitates land grabbing. • Threatens village land reserved for common services like firewood, wild food, forests reserved for pasture (especially the pastoralists) , marshes , hilltops and so on • E. g. Loliondo where the land for pastoralists has been given to investors-hence threatening their lives

The 1999 land……. ü Compulsory acquisition vs. social welfare • power of the president The 1999 land……. ü Compulsory acquisition vs. social welfare • power of the president to acquire land compulsorily-for public interest per Land Acquisition Act, 1967 Reasons, mong others: -for agricultural development Section 4(1)(g) 1967 Act - for investment of national interest Section 4(2) VLA • The procedure-though designed to be fair with payment of compensation, but its practical side has an impact to social welfare.

The 1999 land…. . • Threatens tenurial security as it lacks transparency and in The 1999 land…. . • Threatens tenurial security as it lacks transparency and in most cases non participatory. • Where care is not taken, it is associated with human displacement with destruction of both health and education structures. • Investment activities–supersedes indigenous rights E. g. Kipawa –school building turned to residence house, Kwembe, Namwawala-k’mbero

The 1999 land……. ü Population pressure, food insecurity+ escalation of conflicts • Population pressure-is The 1999 land……. ü Population pressure, food insecurity+ escalation of conflicts • Population pressure-is a complex man-land problem (Goodall) • Tanzania has rapid population growth-9% per year? • There is an increased land conflicts due an increase in population +investment activities • Unregulated investment activities- threaten the rural households by rendering them landless

The 1999 land …… Population …. contd • Investment in non-food crops increases food The 1999 land …… Population …. contd • Investment in non-food crops increases food insecurity hence threatening the livelihood of Tanzanians Consider the following land proposals form companies below: E. g. Bioshape-Jatropha-kilwa-82, 000 ha Sunbiofuels-Jatropha-kisarawe-50, 000 ha Sekab BT-Sugarcane-Rufiji-400, 000 etc

The 1999 land…. . Note: These areas are characterized by high rainfall, water sources, The 1999 land…. . Note: These areas are characterized by high rainfall, water sources, rich soils and are fairly densely populated. • 37 companies have shown interest to invest in biofuels in Tanzania to date • There is a possibility of human displacement + Destruction of livelihood supporting activities+ conflicts

The 1999 land…. ü Land, the vulnerable and family relations Ø Accords equal treatment The 1999 land…. ü Land, the vulnerable and family relations Ø Accords equal treatment between men and women -The NLP aimed to facilitate an equitable distribution and access to land by all citizens - Equal right to aquire, hold, use and deal with land (Section 3(2) of both Acts-equal) - Prohibits adverse discriminatory practices or attitudes towards women in application of CRO (s. 23(2)(c)(i)ii)(ii) VLA - Similarly in matters relating to loans, leases, assignment or morgages etc

The 1999 land…… Ø Children rights in the new land reform • Adequately protected The 1999 land…… Ø Children rights in the new land reform • Adequately protected -Have the right to lawful access, ownership, occupation or use of land (s. 20(2)VLA) -protection during land disposition and upon transfer (s. 30(3)(c)VLA) Ø street/abandoned children and orphans • No specific mention of this category of persons despite its rank in the agenda of different social agencies • Also referred to as social orphans-the law does not adequately protect these persons

Contd. . …… Ø Persons with disabilities -Are duly considered alongside children and women Contd. . …… Ø Persons with disabilities -Are duly considered alongside children and women -Village land committee to safeguard the interest of, among others, persons with disabilities - But most villages do not have these committees

Contd…. Ø Social/community participation • Is given the attention it deserves in the new Contd…. Ø Social/community participation • Is given the attention it deserves in the new land reform-increased democratic space • Foremost in decision making in land matters in village land • Involved in the management of resources • Not the case in general land where the executive arm of government has enormous control

3. 3 The land (Amendment)Act, 2004 • regulates mortgage/lending transactions • aims at emanating 3. 3 The land (Amendment)Act, 2004 • regulates mortgage/lending transactions • aims at emanating the poor by securing loans from the banks using land • Adds value to undeveloped land • Difficult to achieve as it is considered risky to qualify for financing • Threatens the lives of pastoralist/nomads as is the case in loliondo, kisarawe-which in turn affects their livelihood of people

4. 0 some suggestions and conclusion • Despite the new land reform, yet as 4. 0 some suggestions and conclusion • Despite the new land reform, yet as is the case in other African legal frameworks, it seems to protects more the interests of those with larger land rights than the victims of the existing inequalities. suggestions: q A continued sensitization of the people on the existing rights to ownership, use and control of land-to avoid land grabbing (by making an informed decision)

Some suggestions……. q. Emphasis on land use planning-with special consideration to social aspects e. Some suggestions……. q. Emphasis on land use planning-with special consideration to social aspects e. g, recreation, schools, community centres, health and others. q. Reform campaign on some aspects of the law detrimental to land users-to be amended

The end Thank you for listening! Isaya Isack isamako 3@yahoo. co. uk HAKIARDHI The end Thank you for listening! Isaya Isack isamako [email protected] co. uk HAKIARDHI