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