Pilot implementation of low-cost systematic demarcation in rural Tanzania by Tony Burns

Outline Background Approach to Implementation of Village Land Act Preliminary Results and Lessons Next Steps

Mainland Tanzania Overview of Tanzania Area: 942,800 km 2 (land area 881,300 km 2 ) Tenure: 2% general, 70% village, 28% reserves Population (2002): million Population growth rate (2002): 2.8% Urban population (2002): 22.6% Administration: Regions: 21 Districts: 121 Villages: ~12,000

National Land Policy 1995 all land in Tanzania is public land vested in the President as trustee of all citizens existing rights and long-standing occupation secured by law facilitate the equitable distribution of land limits the amount of land held by one individual/entity ensure productive and sustainable use an interest in land had value full and fair compensation based on market value (other costs, loss of profits etc). efficient, effective, economical and transparent land administration system participation by all citizens in matters concerned with their use of land facilitate land markets (but protection for small holders and pastoralists) land law accessible and understood by all citizens encourage the dissemination of information about land women have the same rights as men

Legal Framework New land laws enacted –Land Act No. 4 of 1999 –Village Land Act No. 5 of 1999 –Land Disputes Courts Act No. 2 of 2002 Advantages of the laws: –Laws based on National Land Policy –Village Land Act shifts authority for customary land from central agencies to the villages –Increased recognition for women Some disadvantages noted by some commentators: –Concentration of power in Ministry –High degree of administrative discretion –Overly complex procedures

Background Strategic plan for the implementation of the land laws (SPILL) prepared with EU support BEST/Private Sector Competitiveness Project commenced in 2006 with a Land Sub-Component focusing on SPILL: –Land registration and information –Survey/mapping infrastructure –Implementation of the Village Land Act –Formalisation of informal urban land holdings –Facilitating resolution of land disputes –Capacity building

Implementation of Village Land Act Ministry commenced a pilot implementation of VLA in Mbozi District (175 villages) in 2002 –Survey of boundaries of 7 villages –Develop District and 7 Village Land Registries as a pilot –Sporadic registration undertaken in the 7 villages –By May 2005 there were 141 CVLs and 500 CCROs –Activity extended to other districts (Iringa, 2 districts in Tanga)

Implementation of VLA Designed as a scaling up of Mbozi experience Support for a sample of 8 villages in each of 15 Districts In early 2007 a new approach was adopted –Use of satellite imagery as a map base –Systematic approach in 2 districts – to complete all villages in the districts –Start in a phased manner, with 9 villages in each district –Review and scale up Phase 2: villages covered by existing imagery (15 in Babati and 22 in Bariadi) Phase 3: remaining villages in the 2 districts (~71 in Babati and ~93 in Bariadi)

Pilot Projects under PSCP Babati District Region: Manyara Area: 4,753 km 2 Population (2002): 302,253 Wards: 21 Villages: 95 Bariadi District Region: Shinyanga Area: 9,445.7 km 2 Population (2002): 603,604 Wards: 26 Villages: 124

Systematic Approach

Satellite Image Map as Map Base

Participatory Land Use Planning

Systematic Process

Community Entry

Certificate of Village Land

Participatory Land Use Planning

Issuance of CCROs

Implementation New manuals prepared, staff trained Field work commenced in late April 2009 with plans to complete 9 villages in each district in 5 months Work actually completed in November 2009 Second phase (additional villages – Babati (15), Bariadi (22) National workshop held in March 2010 Awaiting final reports

Preliminary Results - October ‘09

Challenges in October 2009 Problems Listed in Babati Delay in procurement of tools, equipment and stationary Inadequate number of laptops Shortage of GIS experts Difficult terrain Lack of software to optimise outputs Lack of office Space Lessons Listed in Bariadi Village Adjudication Committee (VAC) and Hamlet leaders very useful in solving disputes Satellite imagery is very useful Systematic adjudication reduced disputes Need to have software to prepare CCROs and produce register books CCRO format should be modified

Observations in October 2009 Participatory land use planning had worked well – but little land set aside for pastoral or common use Urban centres need to be addressed – CCROs being issued, but planning is required Very low level of disputes – Bariadi (8), Bariadi (76) Delays in preparing and issuing CCROs noted Both teams struggled with computer systems Duplication in forms noted Budget for village registries insufficient without contribution from village – but this is possible

Village Land Registries

Preliminary Results – March ‘10

Lessons Success to date –Developed a systematic registration process that includes safeguards – field tested and manual being revised –Demonstrated community acceptance of systematic approach –Flexible, low-cost survey methodology accepted Immediate challenges –Being truly systematic – getting CCROs issued –Sourcing satellite imagery at reasonable cost –Solving procurement issues –Reducing reliance on Ministry and District staff in scale-up –Reducing unit cost to justify a wider scale-up Longer-Term Challenges –Clarification of land records systems (village/district/zone) –Simplifying processes – may require legal changes