Outline
• Background• Approach to Implementation of Village Land Act• Preliminary Results and Lessons• Next Steps
Mainland Tanzania
Overview of Tanzania
Area: 942,800 km2 (land area 881,300 km2)Tenure: 2% general, 70% village, 28% reservesPopulation (2002): 33.461 millionPopulation growth rate (2002): 2.8%Urban population (2002): 22.6%Administration:•Regions: 21•Districts: 121•Villages: ~12,000
Yr 2008Population, total (millions) 42.5Population growth (annual %) 2.9Surface area (sq. km) (thousands) 947.3Life expectancy at birth, total (years) 55.6Mortality rate, infant (per 1,000 live births) 66.8Literacy rate, youth female (% of females ages 15- 24) 76.3GNI (current US$) (billions) 19.9GNI per capita, Atlas method (current US$) 440.0Prevalence of HIV, total (% of population ages 15- 49) 6.2
Source: World Development Indicators
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 2004-5 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 DistrictRegion: ManyaraArea: 4,753 km2
Population (2002): 302,253Wards: 21Villages: 95
Bariadi DistrictRegion: ShinyangaArea: 9,445.7 km2
Population (2002): 603,604Wards: 26
Villages: 124
Systematic Approach
Satellite Image Map as Map Base
Participatory Land Use Planning
Systematic ProcessHIgh-Level Adjudication.igx
RLA
Procur. Unit
Region
District
SAT
Village Council
Policy &
Manuals
Prepare Plan
Procure resources
Consult and Awareness
Consult and
Awareness
Prepare Plan
Consult and awareness, and Village recommends systemstic
adjudication
Confirm boundary
Establish Village
Registry
Appoint and Train SAT
PLUP
Systematic
Adjudication and issue CCROs
Reccomend and select Hamlets
Establish District Registry
Update Records(possibly hold
stakeholder w'shop)
Update Records
Update M&E
CVL OK?
Yes
Survey & CVLNo
Community EntryAwareness and Recomendation.igx
Village Council
Village Assembly
VEO
SAT
Applicant
Considers application of
systematic adjudication
Makes recommendation,
sends copy to Commissioner
Approves?
Option for sporadic
application (not covered by project)
No
Consultation and public awareness
Posts publicly the
recommendation
Appoint vil lage
adjudication adviser and VAC
Yes
Prepares for systematic
adjudication
Certificate of Village LandSurvey and CVL Preparation.igx
Commissioner
Survey and
Mapping
DLO/District
Registry
SAT
Village
Chairperson,
Village
Council/VEO
StartSurvey
available?
Consultation
and awareness
with Region
and District
Investigate at
ward level any
disputes, resolve
disputes with
vil lages
SAT consults and
vil lage identfify
boundaries
Develop work
plan
Survey
boundaries,
prepare the
plan, draft
CVL
Survey plan
approved by
Director
Finalises
CVL
Chairperson
and VEO
signs CVL
Prepare cover
letter and send
to Commissioner
Approves,
signs seals
and records
CVL
numbered
and
registered
CVL
distributed
to vil lage
CVL available
for adjudication
No
Yes
Participatory Land Use Planning
District Council
Village Assembly
Village
Council
SAT
Villagers
Gathers image map of vil lage and existing situation
data for PRA
Understakes PRA with support of
SAT
Assembly
approves report, land use plan and
by-laws
Existing land use from PRA mapped
and tabulated
Determiniation of future needs (with
SAT support)
Prepare proposed land use plan and
by-laws (with SAT support)
Report and land
use plan submitted for advice and by-
laws submitted for approval
Land Use plan
implementation
Village boundaries
confirmed
SAT update
records ready for adjudication and
issuance of CCROs
Issuance of CCROsDetailed Adjudication.igx
Village
Chairperson
VEO/Village Land Registry
SAT
Applicant/ Claimant
DLO/District
Land Registry
Village Land Council
District Council/
Commissioner/ Court
Public notice
Application for CCRO, obtains
number
Demarcate boundaries, collect data, applicant
signs form 47, prepares digital record
Determines claims
and post recordApplication
accepted?Prepares letter of offer and CCRO
Yes
Signs and makes payment
Stamp CCRO, register, retain
copy
Enter in Registry,
retain copy
Applicant given letter of offer,
CCRO
Signs letter of
offer and CCROs
Signs letter of offer
and CCROs
SAT sends to DLO
Updating for transactions
Appeal?
No
VLC makes
decision (may be appealled)
Yes
Appeal to higher authority, decision
made (may be appealled)
No
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 ‘09Bariadi District
Village Adjudicated CCROs IssuedSanungu 1,257 1,000Nyakabindi 1,638 1405Old Maswa 2,160 1,605Banemhi 1,782 800Bupandagila 1,404 700Nyaumata 1,156 1,100Nayangokolwa 2,755 1,590Ng'wang'wali 1,677 630Mwakibuga 681 0Total (to 19/10/09) 14,510 8,830
Costs TSH US$Ministry Staff 70,200,000 54,000 23%District Staff 74,383,500 57,218 24%Village staff, VEO 66,900,000 51,462 22%Travel 37,996,500 29,228 12%Stationary 35,331,000 27,178 12%Other costs 20,595,500 15,843 7%Tota 305,406,500 234,928
Cost/Adjudication 21,048 16.19 Cost/CCRO 34,587 26.61
Note: Costs are actual to September and budget to end October It is also difficult to categorise costs Some costs are excluded such as capital and satellitle imagery
Village Adjudicated CCROs PreparedManagha 3,179 1,718Dareda Kati 1,970 902Kisangaji 2,269 2,262Gichameda 1,640 1,358Musware 999 0Mapea 1,063 807Mawe Mairo 1,111 0Kiou Six 954 0Total (to 19/10/09) 13,185 7,047
Costs TSH US$Ministry Staff 45,110,000 34,700 15%District Staff 87,293,500 67,149 29%Village staff, VEO 35,080,000 26,985 11%Travel 34,592,500 26,610 11%Stationary 4,915,000 3,781 2%Other costs 1,877,500 1,444 1%Tota 208,868,500 160,668
Cost/Adjudication 15,841 12.19 Cost/CCRO 29,639 22.80
Note: Costs are actual to September and budget to end October It is also difficult to categorise costs Some costs are excluded such as capital and satellitle imagery
Babati District
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
SYSTEMATIC TITLING IN BABATI AND BARIADI CUMMULATIVE UPDATE AS IN MARCH, 2010
STAGE BABATI DISTRICT BARIADI DISTRICT Adjudicated Prepared Issued Village Land
Use Plans Adjudicated Prepared Issued Village Land
Use Plans Initial 9 villages
15,207 12,926 8,943 9 18,141 16,421 5,892 9
Extra 15 and 22 villages
3,000 13 9,000 17
TOTALS
18,207 12,926 8,943 22 27,141 16,421 5,892 26
SYSTEMATIC TITLING IN MANYONI AND NAMTUMBO CUMMULATIVE UPDATE AS IN MARCH, 2010
NAMTUMBO MANYONI Adjudicated Prepared Issued Village Land
Use Plans Adjudicated Prepared Issued Village Land
Use Plans 8,342 8,342 6,199 7 6,077 3,256 7
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