The year 2016 marks 15 years since the new wave land reforms became operational in Tanzania. Despite its ambitious goals – encouraging land registration and titling, and empowering women and other vulnerable groups – the results are disillusioning. A brief overview of 15 years of implementation, using the Village Land Act as a case study.
Beginning in the mid-1970s through to the 1980s, Tanzania experienced a severe socio-economic crisis. In an attempt to turn things around the abating economy and accelerate economic growth, the government embarked on a broad range of radical policy, legislation, and institution reforms, which opened doors for foreign direct investments (FDIs) and further initiatives have been taken to create an enabling environment for investments to flourish in the country.
An Act to provide for the management and administration of land in villages, and for related matters.
The Land Act, 2012
The Land Registration Act, 2012
The National Land Commission Act, 2012
The Environment & Land Court Act, 2011
The Urban Areas & Cities Act, 2011
Land is the most fundamental resource in any society because it is the basis of human survival. Land is the space upon which all human activities take place and provides continued existence of all life forms and minerals.
This report was commissioned by UN-Habitat to review the laws and land tenure of a selected number of southern African countries. It involved the appointment of country specialists who researched and produced country chapters for their respective countries namely, Lesotho, Mozambique, Namibia and Zambia. A regional expert was appointed to produce a regional overview to serve as a source document for the country reports, as well as provide overall coordination of the project. The project was carried out over a period of roughly one year, which began in March 2004.
Twenty years after the end of apartheid farm dwellers remain some of the most vulnerable people in South Africa, with many still facing extreme tenure insecurity and lacking access to adequate housing and basic services.2 The approximately three million black South Africans (6% of the population) who live on privately owned farms in formerly white commercial farming areas are among the poorest South Africans,3 whose vulnerability is exacerbated by their “socio-economic marginality and geographical isolation”.4
Land is the most important asset for many rural Liberian women and men, and is often a family’s primary source of cash income, food and nutritional security, health care, and education. Though women play a central role in agricultural production in Liberia, women’s rights and access to land are often not equal to those of men due to biases in the formal legal framework and customary law.
In Afghanistan, insecurity over land and water rights hampers investments in food production and irrigation. In rural areas, customary tenure systems, partly based on religious law, are the most relevant but suffer from weak recognition and offer little protection to rights holders. The land policy reform is on-going but remains slow. Moreover, land administration capacity is weak and improvements mostly take place in urban areas. In this context, land disputes are common and often violent.
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