This document summarizes a study on the formalization of village land rights in Tanzania and its implications for equity. The study examined two districts - Mbozi and Handeni - where pilots of land formalization had taken place. The results showed that while women and men participated equally in the adjudication process, the formalization did not adequately address existing land inequalities. Weak village land tenure institutions failed to control land ceilings and led to sporadic and unequal land registration. The conclusions determined that the approach and weaknesses of formalization limited its ability to promote equitable land distribution and access. Recommendations included conducting land needs assessments, strengthening village land institutions, revising the formalization approach, and expanding it to other land tenure
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Tiba_Present Germany
1. Village Land Rights
Formalization and Equity
Implications in Tanzania:
Evidence from Mbozi and
Handeni Districts
By:
Alphonce Yustin Tiba(PhD)
Lecturer: Property Studies
2. Presentation Outline
1. Background Information
2. Statement of Problem
3. Research Objectives
4. Materials and Methods
5. Results and Discussion
6. Conclusions and Recommendations
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2015
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3. Background Information
Village Land Rights Formalization has a long
story in Africa
It aimed at individualization of rights from
community tenure-customary rules control;
Tanzania experience inequity and inequality
in land distribution - a big issue
1995 a Land Policy in Tanzania with principle
of promoting equitable distribution of/access
to land to citizens in TZ(gender access),
Village Land Act No.5 1999 to enforce land
policy principles formalization starts
This study aimed at exploring and
determining the extent to which formalization
of rural land rights was equitable in
distributing land to beneficiaries in Mbozi
and Handeni Districts in Tanzania.
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2015
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4. Background Information,
contd
Government through Ministry of Lands starts
formalization as a pilot in Mbozi Pilot in
2004;
Property and Business Formalization
Programme in the President Office start a
pilot in Handeni District in 2006;
Did these interventions promote equitable
distribution of land/access in these study
areas - Mbozi and Handeni Districts?...
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2015
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5. Materials and Methods
Data from 304(34%) of 901 beneficiaries of
formalization from 7 and 2 villages in Mbozi
and Handeni Districts respectively.
Data are from 2005-2012 for mbozi while for
Handeni they are 2006 when the pilot ended.
Descriptive and explanatory research design
adopted
Case studies selected purposefully.
Data collected through interview and
questionnaire self administered with
beneficiaries and key informants
Creation of a database with IBM-SPSS.22
Non-parametric methods used to assess
relationships between variables using IBM-
SPSS version 22
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2015
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6. Location of Study Areas
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Dar esDar es
PwaniPwani
9. Results
Investigation of democratic participation by
social groups in and the mechanism used for
land rights formalization at the village level.
Involvement in adjudication 276(90.8%)
Both case similar with a delta of 11.4% -
associated;
Sexual participation: female YES
37(92.5%); male YES 230(90.6%)
VLTIs weak in land distribution- failure to
control land ceilings
Mechanism: systematic and sporadic at
boundary identification but sporadic at
registration of land rights
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2015
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10. Findings
Factors and actors that contributed to the
success, problems and or failure of the
equitable land distribution of and access.
Factors are unregulated Customs and
Traditions pastoralists were affected by term
customary- in Mbozi, wanamwanga were said
to be exploitative. Inheritance determined
ownership
Sporadic registration left many rights
unregistered
Land tenure institutions structure such as
Village assembly were weak
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11. Conclusions and
Recommendations
Formalization did not address existing
inequalities in land distribution and access to
Tanzanian(mainland) citizens as it relied on
claims of existing land rights
Women had their names included in the titles
with their husbands
Inequity in distribution is due to the weakness
of VLTIs and approach of formalization
optional ties in titling.
Formalization was limited to one tenure only
Recommendations
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2015
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12. Recommendations
Ministries for Lands, Agriculture and PMO
RALG should conduct land needs
assessments study at household and village
levels;
They should review the roles of the VLTIs in
village land administration by defining
answerable and accountable officers at this
level as is the case at national and district
levels;
Revise approach of formalization from rights
claims to application and allocation of land.
Expand formalization to other categories of
land tenure- Enermark, et al. (2014) call this
fit for purpose approach
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2015
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