Land Governance and Conflict Management in Tanzania: Institutional Capacity and Policy-Legal Framework Challenges

Pius John,Samwel J Kabote

doi:10.12691/ajrd-5-2-3

Abstract

This paper examines land governance in the Southern Agricultural Growth Corridor in Rukwa and Katavi regions in Tanzania. The four districts involved include Sumbawanga, Kalambo, Nkasi and Mpanda. Land governance and the management of related conflicts were assessed in views of the roles of local government and the challenges posed by policy and legal frameworks. Using a sample size of 270 smallholder farmers, a household survey was used to collect quantitative data, while qualitative data were collected from 74 Focus Group Discussions’ participants. The results confirmed the ‘legal dualism’ that embraces colonial policy and laws on land issues at local level despite the land reforms that have had taken place in Tanzania. In addition, land conflict was a common phenomenon. The results also show that the efforts of local governments, and other stakeholders, to manage land conflicts were hampered by serious challenges. The challenges include incapacitation of the local government with regard to legal issues, lack of education and unawareness of the policies and legal framework on the part of the citizenry. These resulted into ineffective implementation of informal and formal arrangements governing land issues. Ineffective land governance, in turn, stem from inadequate capacity to resolve land conflicts. This justifies poor land governance. To that effect, concerted efforts are needed to correct the situation.

Highlights

Management of land conflicts forms an essential part of sustaining livelihoods in Tanzania and elsewhere in the world
Land management at that period followed customary land rights, and customary arrangement to resolving land conflict was effective through clan and tribe elders in countries like Tanzania
Literature takes this as a ‘legal dualism’ system and account largely for legalpolicy problems related to land governance

Summary

Introduction

Management of land conflicts forms an essential part of sustaining livelihoods in Tanzania and elsewhere in the world. The Land and Natural Resource Tenure in Africa Program (2010) reports that while promoting privatization of land, the Germans in Tanzania for example, converted all territorial lands into ‘Crown Lands’. Through this system, whether the land was occupied or not, it was considered as not owned ‘Crown Land’. African societies including Tanzania saw two land management laws: first, statutory laws governing the privatized land, and second, customary law governing the land under communal ownership. Literature takes this as a ‘legal dualism’ system and account largely for legalpolicy problems related to land governance

Methods

Results

Conclusion