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VILLAGE LAND RIGHTS FORMALIZATION AND EQUITY I I IMPLICATIONS IN TANZANIA The Cases of Mbozi andHandeniDistricts Alphonce Yustin Tiba PhD (DevelopmentStudies)Thesis University of Dar es Salaam January,201.5

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VILLAGE LAND RIGHTS FORMALIZATION AND EQUITY II

IMPLICATIONS IN TANZANIA

The Cases of Mbozi and Handeni Districts

Alphonce Yustin Tiba

PhD (Development Studies) ThesisUniversity of Dar es Salaam

January,201.5

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VILLAGE LAIID RIGHTS FORMALIZATION AND EQUITY .:

IMPLICATIONS IN TANZANIA

The Cases of Mbozi and Handeni Districts

Alphonce Yustin Tiba

PhD (Development Studies) ThesisUniversity of Dar es Salaam

January,201.5

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VTLLAGE LAIID RIGHTS FORMALTZATTON AND EQUITY ..IMPLICATIONS IN TANZANIA

The Cases of Mboziand Handeni Districts

By

Alphonce Yustin Tiba

A Thesis Submitted in Fulfilment of the Requirements for theDegree of Doctor of Philosophy @evelopment Studies) of the

Universitv of Dar es Salaam

University of Dar es SalaamJanuary,2015

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CERTIFICATION

The undersigned certify that they have read and hereby recommen(l frlr acceptance by

the University of Dar es Salaam a thesis entitled: ViIIage Land Rigltls Formalization

and Equity Implications in Tanzania: The Cases of Mbozi and Handenl Districts in

fulfilment of the requiremertts for the degree of Doctor of Philosophy of the Univer-

sity of Dar es Salaam.

Prof. IBRAHIM FOKAS SHAO

(Supervisor)

o^,", !-:i-:! & - Ao'-{

(Supervisor)

, uru, -[ -?- :- Q- I - - 20/ {

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1l

DECLARATION

AND

COPYRIGHT

I, Alphonce Yustin Tiba, declare that this thesis is my own original work and that it

has not been presented and will not be presented to any other University for a similar

or any other degree award.

Signature:

This thesis is copyright material protected under the Berne Convention, the.Copy-

right Act 1999 and other international and national enactnents, in that behalf, on in-

tellectual property. It may not be reproduced by any means, in full or in part, except

for short extracts in fair dealings, for research or private study, critical scholarly re-

view or discourse with an acknowledgement, without the written permission of the

School of Graduate Studies, on behalf of both the author and the University of Dar es

Salaam.

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l l l

ACKNOWLEDGEMENTS

First and foremost I wish to acknowledge and thank my supervisors Professor Ibra-

him Fokas Shao and Professor Bertha Omari Koda for their enduring support. Ibra-

him and Bertha, your expert advice, enthusiasm, encouragement and sustained com-

mitment to the ideas of my PhD are greatly appreciated. Bertha, your timing to join

our research group was impeccable and I am so fortunate you were a part of my PhD

journey.

I cannot forget Dr.Juma Rashid Kiduanga with whom I started the warm-up as he

managed to familiarise me with the culture of the University of Dar es Salaam. Actu-

ally, it was Dr. Kiduanga who introduced me to Prof. Ibrahim Shao, who wonderful-

ly asked for my proposal and later offered to supervise my project. Then Professor

Bertha Omari Koda came in as my second supervisor. Frankly speaking, Shao and

Koda were more of my parents throughout my stay at the University.

I am thankful to all academic and supporting staff in the Institute of Development

Studies (IDS) for their guidance and support. Special thanks must go to Prof Mongu-

la, Prof.Chambua, Dr.Msoka, Dr.Niboye and Dr.Magdalena Ngaiza and all staff in

the Institute for their support and encouragement. I thank my fellow PhD students,

particularly Mr.Muga, for familiarizing me with the PhD logistics and Dr. Nick

Mulungu whose guidance made my field work in Mbozi very smooth.

I also thank Professor Aldo Lupala of Ardhi University for his contribution to my

drafts. Special thanks should go to my research assistants namely Mr. Godwill Rich-

ard, Ms. Ivy Mwasepe, Mr. Dani Mwakapinga, Mr. Joseph Siwakwi, Mr.Adamu

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iv

Ahmed, Ms.Upendo Upolo, Mr. Fadhili H.Lussonge and Mr.Abdallah M.Waziri for

supporting me in the field research process. Mr. Gwambene of IRA is thankful for

guidance on data cleaning in SPSS while Mr.Godwille Richard is highly thanked not

only for participating in data collection and entry but also for offering to accompany

me throughout my field work mission.

Thanks should also go to all respondents and leaders from all nine villages of Mbozi

and Handeni Districts; the senior land professionals from the Ministry of Lands,

Housing and Human Settlements Development (MLHHSD) and the Programme co-

ordinator of Property and Business Formalization programme (PBFP). In addition, I

thank the Organizatron for Social Science Research in Eastern and Southern Africa

(OSSREA) for sponsoring me to attend a Social Science Research Methodology

training and the United Nations Development Programme ([INDP) for partly financ-

ing this study.

Heartfelt thanks should go to my family: My beloved mother Mawe Ma Clezensia

Kokwakiira Alex Mushandura for bringing me up. My beloved wife Marlstella

Nyitho (Venosa), my son Alex Mujuni, my daughters Annet Kokwakiira; Irene Ka-

lungi and Alice Mukamala. My former employer, the National Environment Man-

agement Council (NEMC) is also thanked for regular permissions they gave me

without which the accomplishment of this task would have been difficult. Last but

not least, I thank the late Dr. I.J. Kapoli for editing this work and Dr.Murekaria for

translating abstract of this work in Kiswahili. I finally say that 'aspiration is greater

than resources' this work is a result of aspiration.

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DEDICATION

I kindly dedicate this work to my mother, Mawe Ma Clezensia Kokwakiira Mushan-

dura and my brother, the late Mr.Theonest Rweyemamu.You were a man of the peo-

ple, and actually, it was you who transformed my life from where I was to where I

am today. You loved education and development. May God rest your Soul in eternal

olace.

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VI

LIST OF ABBREYIATIONS

ACL Assistant Commissioner for Lands

AO Authorised officer

ARU Ardhi University

ATF Agriculture Task Force

AU African Union

CCRO Certificate of Customary Rights of Occupancy

CEDAW Convention on the Elimination of All Forms of Discrimination Asainst Women

CL Commissioner for Lands

CRO Customary Rights Occupancy

CTWF Critical Third World Feminism

D by D Decentralization by Devolution

DAS District Administrative Secretarv

DED District Executive Director

DLO District Land Officer

EARC East African Roval Commission

FAO Food and Agriculture organtzation of the United nations

FGD Focus Group Discussion

FIG International Federation ofSurveyors

GIS Gebgraphic Information System

GPS Global Positioning System

GTZIGIZ German Technical Corporation

HDR Human Development Report

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HRBA Human Rights Based Approach

IDS Institute of Development Studies

IFAD International Food and Agriculture Development

ILD Institute for Liberty and Democracy

ITR Individualization Titling and Registration

LAS Land Administration Svstems

LGA Local Government Authority

LGAF Land Governance Assessment Framework

LGI Land Governance Indicator

LHRC Legal and Human Rights Center

LPI Land Policy Initiative

MKURABITA Mpango wa Kurasimisha Mali na BiasharazaWanyongeTanzania

MLHHSD Ministry of Lands, Housing and Human Settlement Development

NBS National Bureau of Statistics

NLP National Land Policv

NLUPC National Land Use Plannins Commission

NSGRP National Strategy for Growth and Reduction of Poverty

OCGS Office of Chief Government Statistician of Zanzlbar

OCHCR UN High Commissioner for Human Rights

OED Orgarization for Economic Development

PBFP Property and Business Formalization Programme

Prime Minister's Office Resional Administration and Local Govern-

PMO-RALG ment

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PPA

PRSP

RAS

RC

SAGCOT

SD

SPILL

SPSS

TANU

TPHGO

UCLAS

UDSM

LTNDP

LINECA

UNECE

UNHCHR

URT

USA

VA

VC

VDTR

VEO

VLA

Participatory Poverty Assessments

Poverty Reduction Strategic Paper

Regional Administrative Secretaries

Regional Commissioner

Southern Agricultural Growth Corridor of Tanzania

Sustainable Development

Strategic Plan for the Implementation of the Land Laws

Statistical Packages for Social Scientists

Tanganyika African National Union

T anzania P astoralists, Hunters and Gatherers Organization

University College of Lands and Architectural Studies

University of Dar es Salaam

United Nations Development programme

United Economic Commission for Africa

United Nations Economic Commission for Europe

United Nations High Commissioner for Human Rights

United Republic of Tanzarria

United States of America

Village Assembly

Villase Council

Village Demarcation, Titling and Registration

Village Executive Offi cer

Villase Land Act

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VLTI v'rage Land Tenure Institutions

WB World Bank

WEHAB Water, Energy, Health, Agriculture and Biodiversity

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ABSTRACT

This study aimed at exploring and examining the extent of promoting equity in the

distribution of and access to land to the diversity of social groups in Handeni and

Mbozi Districts in Tanzania. The study applied the Critical Third World Feminist

Theory (CTWFT) as it is rich in issues of equity and equality in resources distribu-

tion. It used the exploratory and descriptive research design. Multistage systematic

random sampling method was used to select a sample of 9 villages (7 and 2 villages

from Mbozi and Handeni Districts respectively) from a population 159 villages.

Simple random sampling method was used to form a sample of 304 beneficiaries

(262 and 42 ftom Mbozi and Handeni Districts respectively). Data were collected by

using in-depth interviews, focus group discussions and archival reviews while analy-

sis was done by using non-parametric methods. Findings show that formalization did

not distribute land but rather it included the names of women in the certifrcates of

customary rights of occupancy. It was also found that formalization did not promote

equitable distribution of land to other social groups as the approach was based on

land rights claims as submitted by the beneficiaries.

This study concludes that formaHzatron which relies on land rights claims cannot ad-

dress the issues of land inequality and thus it is inequitable. It is recommended to the

policy makers to conduct land needs assessments in villages to determine actual land

needs at household and social groups' levels and thus set strategies for reducing ine-

qualities in land distribution and access. Further study is needed to investigate the

mechanism for redistribution of rural lands in some villases as landholdinss are in-

equitable.

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TABLE OF CONTENTS

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1.5 Significance of the Study ........20

1.6 Scope and Limitations of the Study ..........21

1.6.1 Scope of the Study . . . . . . . . . . . . . . . . . .21

1.6.2 Limitat ions of the Study.. . . . . . . . . . . . . . . . . . . . . . . . . . .21

1.7 Thesis Outline .......22

CHAPTER TWO : LITERATURE REVIEW........... ............23

2.I Overview. . . . . . . . . . . . . . .23

2.2 Def in i t ion of Terms.. . . . . . . . . . . . . . . .23

2.2. I Formal izat ion . . . . . . . . . . . . . . . . . . . . . . . . . .23

2.2.2 Vi l lage Land Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28

2.2.3 Equity and its Categories ........33

2.2.4 Beneficiary ............40

2.2.5 Land Tenure and Administration Systems................ ....................40

2.3 Empirical Literature on Rural Land Formalization and Equity ......................44

2.3.1 Research and Literature Gap .....................53

2.4 Policies and Strategies Supporting Equity in Land Distribution ............... .....54

2.4.1 Policies Towards Equity .........55

2.4.2 Strategies Towards Equity ......59

2.4.3 Property and Business Formalization Programme (PBFP) ...........65

2.5 Theoret ical Framework. . . . . . . . . . . . . . - . . . - . . . . . . . . . .66

2.5.1 The Crit ical Third World Feminism Theory (CTWFT). ...............66

2.5.2 The Equity Theory in Relation to Land Rights....... ......................68

2.5.3 Institutional Theory with Respect to Land Rights ......70

2.6 The Conceptual Framework....... ...............73

CHAPTER THREE : RESEARCH METHODOLOGY .......80

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3.1 An Overview.. . . . . . . . . . . . . . . . . . . . . . . . . .80

3.2 Description of Study Areas .....80

3.2.1 Description of Mbozi District

3.2.2 Description of Handeni District ................86

3.3 Research Desien.. . . . . . . . . . . . . . . . . . . . .88

3.4 DataSources..............

3.5 Sampling Procedures ...............91

3.5.1 Selection of Study Districts.... ................... 91

3.5.2 Selection of Vil lase Cases ......92

3.5.3 Sampling of Respondents........... ...............94

3.5.4 Sampling for Participants for Focus Group Discussions (FGDs)...................95

3.6 Unit of Analvsis ......................96

3.7 Data Collection Methods and Too1s........ ....................97

3.7.1 Pr imary Data. . . . . . . . . . . . . . . . . . . . . . . . . . .91

3.7.2 Secondary Data. . . . . . . . . . . . . . . . . . . . . . .99

3.7.3 Ethical and Losistical Issues. .................. 100

3.8 Data Presentation and Ana1vsis............... .................. 103

3.8.1 Data Entry and C1eaning............. ............ 103

3.8.2 Data Ana1ysis. . . . . . . . . . . . . . . . . . . . . . . . 103

3.9 Data Qua1ity. . . . . . . . . . . . . . . . . . . . . . . . . . 107

3.9 .1 Va1 id i ty . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . 108

3.9.2 Reliabil ity ............108

CHAPTER FOUR : RESULTS AND DISCUSSION........... ................ 109

4.1 Introduct ion. . . . . . . . . . . . . . . . . . . . . . . . . . .109

4.2 Results and Discussions......... ................. 109

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4.2.1 Object ive 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . 109

4.2.2 Object ive 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 130

4.2.3 Object ive 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155

4.2.4 Object ive 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . 170

4.2.5 Summary of Performance in Promoting Equitable Distribution and Access to

Land in the Case Study: A Cross Case Analysis ............. ....I94

CHAPTER FIVE : CONCLUSIONS AND RECOMENDATIONS .....202

5.1 Introduct ion. . . . . . . . . . . . . . . . . . . . . . . . . . .202

5.2 Summary of Key Findings, Conclusions and Recommendations.................202

5.2.1 Research Object ive 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .203

5.2.2 Research Object ive 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .205

5.2.3 Research Object ive 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .208

5.2.4 Research Object ive 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .209

5.3 General Conclusions.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2I1

5.4 Suggestions for Further Studies ..............212

REFERENCES.. . . . . . . . . . . . . .zrs

APPENDICES.. . . . . . . . . . . . " .233

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LIST OF TABLES

Table 3-1: Mbozi Distr ict Population By Wards ... . . . . . . . . . . . . . . . . 84

Table 3-2: Handeni Distr ict Population Distr ibution By Wards.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87

Table 3-3 Case Vil lage Sites in Mbozi Distr ict . . . . . . . . . . . . . . . . . . . . .93

Table 3-4 Sample of Respondents from Case Studies of Mbozi and Handeni.........94

Table 3-5: Summary of Key In formants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .99

Table 4-I: Land Size Distribution in the Study Areas ......... 1 10

Table 4-2: Results of the Farm Size Distr ibution Patterns.. . . . . . . . . . . . . . . . . . . . 110

Table 4-3 : Household Size Patterns of the Beneficiaries of Form alization.. . .. .. . .... 1 1 1

Table 4-4Land Size Owned by Persons * Household... . . . . . . . . . . . . . . . . . . . . . . . .112

Table 4-5: Symmetric Measures of Farm Size and Household Si2e.... . . . . . . . . . . . . . . . . . . . . 113

Table 4-6: Sex of the Beneficiaries of Formalized Land Rights... . . . . . . . . . . . . . . . . . . . . . . . . . . . 116

Table 4-7: Relationship Between Land Size and Sex of beneficiaries .. . . . . . . . . . . . . . . . . . . 118

Table 4-8: Marital Status of the Beneficiaries of Formalization.... ........I20

Table 4-9:Marrtal Status* Sex of Beneficiaries .. . . . . . . . . . . . . .r. .121

Table 4-10: Co-Occupancy Patterns Among Beneficiaries... . . . . . . . . . . . . . . . .122

Table 4-1 1: Mode of Ownership* Marital Status Cross tabulation .......123

Table 4-12:Land Size * Children Cross Tabulation ... . . . . . . . . .126

Table 4-I3: Participation in Land Size Determination per Case Study District Cross

Tabulat ion . . . . . . . . . . . . . . 130

Table 4-14: Participation of Beneficiaries in the Formahzation Process................ 131

Table 4-15: Components of Mbozi Formahzation Model ...142

Table 4-16: Site Villages and Adjudication in Mbozi District .............. 145

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Table 4-17: Members to Village Assembly in Iyula Village in Mbozi... .................162

Table 4-18: Sex and Means of Land Access...... .................. 163

Table 4-19: Extent of Satisfaction bv Sex and Institutions for VLTIs to Allocate

Land.. . . . . . . . . . . . . . . . . . . . . . .167

Table 4-20: Main Institutions and Villagers in the Formalization Process.............. 170

Table 4-21: Consent on Villageiand Size Holding in Tan2ania............................ 175

Table 4-22: Summary of Performance Between Case Studies Based on Study

Object ives . . . . . . . . . . . . . . .196

Table 4--23: Sex * District Cross Tabulation ......197

Table 4-24: Sex and District- Chi-Square Tests .................. 198

Table 4-25: Participation * Case Study District Cross tabulation ......... 200

I

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LIST OF FIGURES

Figure 1-1: Districts with European union Funding for Formali2ation.................... l5

Figure 1-2 : Pilot Districts Funded by the world Bank for Formalization................ 16

Figure 2- l : Adam's Equi ty Theory . . . . . . . . . . . . . . . . . . . . . .69

Figure 2-2: Conceptual Framework for Assessing Equity Implication in the

Formalization of Rural land Rights....... .......73

Figure 3-1: Locations of Mbozi and Handeni Districts inTanzania ........ 81

Figure 3-2:Mbozi District before split to Form Momba District ............92

Figure 3-3: Mult iple Case Study Design.... . . . . . . . . . . g9

Figure 4-1 Household Size Patterns of the Beneficiaries... . . . . . . . . . . . . . . . , . . . .112

Figure 4-2: Relationship Between Farm Size and Household Sizes Distribution ... 115

Figure 4-3: Sex of the Beneficiaries of Formalization.... .....1I7

Figure 4-4: Adjudicated and Titled Parcels in the Mbozi case Study ... 146

Figure 4-5: FormalizationCoverage in Handeni Case Study ................ 150

Figure 4-6: Index Map of Spot Adjudicated Parcels in Bongi vi l lage.... . . . . . . . . . . . . . . . . 153

Figure 4-7: Means of Land Access in Both Study Areas.... . . . . . . . . . . . . . . ." ' . . .164

Figure 4-8: Challenges to Village Leaders on Village Land Administration.......... 165

Figure 4-9: Respondents' Perceptions on the Ability of VLTIs to Distribute Land 168

Figure 4-10: Results of Systematic Boundary Adjudication and Sex in Mbozi Case

Study ... . . t71

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LIST OF BOXES

BOX 2-1: Questions for Assessing Equity in Land Formali2ation.... . . . . . . . . . . . . . . . . . . . . . . . . 65

Box 4-1: Reaction on the Meetings of Village Assemblies in Mbozi Case Study .. 134

Box 4-2: Expected Village Assembly Members in Bongi Village ........ 138

Box 4-3: Interview with a Handeni Key Informant on Approval of Land Si2e....... 140

BOX 4-4: Formalization Planned Activities in Handeni District .......... 151

Box 4-5: Effects of Customs and Tradit ions.... . . . . . . . . . . . . . . . . . . . . 156

Box 4-6: Effects of Customs and Tradition on gender ........ 158

Box 4-7 : Customs and Land Access in Handeni Case Study .. .. .. , .. .. ... ... 1 5 8

Box 4-8: Remarks of a Legal Officer on Formalization and Landlessness ............. 160

BOX 4-9: Available Land Access Approach for the Landless .............. 166

Box 4-10: Weakness of District land Office in Villase Land Administration......... 181

Box 4-11: Position of the MLHSD and Land Registers at the Village Leve1...,...... 184

Box 4-I2: Perception on the Control and Ownership of Land Resources ............... 186

Box 4-13: Roles of Managing Land Size in Formalization.... . . . . . . . . . . . .-. . 188

Box 4-14: Causes of Failure to Manase Land Size in Formali2ation.... . . . . . . . . . . . . . . . . . . 188

Box 4-15: Posit ion of the Government onthe Focus of Formalization.... . . . . . . . . . . . . . . . 189

Box 4-i6: Remarks on Achieving Equitable Land Distr ibution.... . . . . . . . . . . . . . . . . . . . . . . . . . . 190

BOX 4-17: Handeni District Strategy to Deal with Pastoralists......... ... 191

Box 4- I 8: Concerns bf Pastoralists on Formalization in the Handeni Case Study. 191

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LIST OF PLATES

Plate 4-2:Index Map Showing Adjudicated Farms in Sakamwela Vi11age............. 141

Plate 4-3: Office of Mbuyuni Village Land Registry Built by MKURABITA....... 148

PIate 4-4: FGD with Pastoralists at Bongi Village Land Registry........................... 156

Plate 4-5: Computerised CCRO Preparation in the Mbozi Case Study................... 178

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LIST OF APPENDICES

Appendix l: Multipurpose Questionnaires Used the Field Research ............. .........233

Appendix 2: Steps Used in the FormalizationProcess in Handeni District....,........241

Appendix 3: One of the Research Clearance Letter Issued to the Researcher .........242

Appendix 4: Handeni District Before Subdivided to Form Kilindi District ............243

Appendix 5: Data Matrix for Data Presentation and Analysis... ............244

Appendix 6: Equity Issues in the Village Land Administration ............245

Appendix 7: Pilot Villages in Handeni Case Study ..............246

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CHAPTER ONE

INTRODUCTION

1.1 Background Information

1.1.1 General Introduction

The land holding system in most developing countries is not purely an economic af-

fair. It is very much associated with people's culture and identity. That is partly why

land-related issues usually generate intense emotional reactions particularly in rural

areas. For rural residents of most developing countries, land is a primary means of

production used to generate a livelihood for households. It is also an important asset

that farmers uss to further accumulate wealth when possible and, equally important-

ly, what they transfer in the form of wealth to future generations (Deininger and

Binswanger,1999). Accordingly, the size of the land they own, the feeling of securi-

ty that they have on their holdings, and the process through which land disputes are

adjudicated all affect the households' income, incentive to work and invest, desire to

use their land in a sustainable manner, and even social and economic status in their

respective communities (Ghebru, 2010). As argued by Manji (1996), the agricultural

sector, and therefore land as an asset, will continue to be of importance because it

cannot be displaced by an expanding manufacturing sector of the economy. The non-

farm based sector is unlikely to outstrip agricultural based livelihoods and thus re-

duce the importance of land as property because the manufacturing sectors of devel-

oping economies are unable to absorb the current rural work-force(Manji,ibid).

Classical land formalization is a result of land reform approaches where private

property rights to land were formalized through surveying and titling upon demand;

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high tech and high cost approach (Ghebru, ibid). There have been also the land redis-

tribution policies and projects such as the regular redistributions aiming at maintain-

ing an egalitarian land distribution as were in China, Ethiopia and Eritrea. There has

also been 'market-assisted' redistributions in countries with inequitable land distribu-

tions such asBrazil, Bolivia, South Africa, Zimbabwe, Malawi and The Philippines

(Ghebru, ibid). The same approach has been going on in Namibia since independ-

ence.

Land formalization through titling has mixed stories where some of them such as that

of Kenya and Madagascar failed as they did neither enhance tenure security and

promote investment nor land and credit markets (Place and Mogot-Adholla, 1998;

Jacoby and Minten 2007). Despite land redistribution reforms in Latin American

countries, South Africa, Zimbabwe land distribution has remained extremely skewed

after many years. Global successful land certifrcation include the one in Ethiopia

which used low-cost land registration and certifrcation; China which used the

household responsibility system and India with the computerized land registry sys-

tem used as a tax base(Ghebru, ibid).

The formalization of customary land rights has come in the form of demarcation of

village boundaries and preparation of village land use plans; issuing of certificates of

village land (Tanzania) and then actual parcels adjudication, titling, and registration

of certificates of customary land rights. These have always used the low-cost land

registration and certification through the use of large scale implementation with the

strong participation of local communities. Formalization has come to address the

problem of insecurity in land ownerships. Sources and effects of tenure insecurity

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include encroachment to unclear boundaries resulting into conflicts between private

individuals or individuals and organizations; state land acquisition or expropriation

and redistribution hence tenure insecurity of owners (Ghebru, ibid). Low cost of

land registration and certification reduces risks for expropriation and redistribution as

many land parcels are registered at once. Tenure security to owners strengthens land

rights (user, mortgage and transfer) which in turn support investment, access to credit

and land transfers (ibid).

Finally, economic growth is attained through efficiency in production and the securi-

ty of food among other benefits. Although these are effects of formalization but

when certification is implemented amid skewed land distribution situation it is as

well expected that even the intended benefits will be based on the inequitable distrib-

uted ofand access to land.

1.1.2 Political Economy of Land Tenure and Inequality in Tanzania

The heterogeneity of the present-day land tenure structure of Tanzania (Tanzania

Mainland) is a result of the political history of the country. Important events were the

l89lestablishment of the German administration over the then Tanganyika; Great

Britain administration of Tanzania after defeating Germany and the independence of

Tanzania under a government with a philosophy of "African Socialism"(James,

IgTl). The independence period had two important periods: pre-and post-Arusha

Declaration and the efforts to reform the social and economic situation.

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l.l.2.l Pre-Independence Period

Before the coming of white people land tenure structure was under the control of lo-

cal chiefs as controllers of land on behalf of clans and tribal communities.

a) Germany Period

This period was full of large scale land alienation which took place in many areas in

Tanzania.It entailed the Germany's influence in East Africa were large tracts of land

were granted "for all times" to a Germany adventurer, Dr.Karl Peters by local chiefs

in consideration of gifts. It was during this period when the concept of proof of title

to be by production of authenticated documents without which a claimant of land had

a permissive right of occupation of the land. Equity was exercised as the adhoc-

Commission that adjudicated land was required to respect the occupation of Africans

on land by leaving to them sufficient land for their needs and future expansion-the

requisite amount being defined as at least four times the existing cultivated area

(James, ibid). The inequalities in rural land started at this time as the native popula-

tion was deprived of land necessary for their existence (ibid). By the end of the Ger-

many rule in Tanganyika about 1,300,000acres of land had been alienated taking the

most valuable land in the country.

b) British Period

This period saw the issuance of Tanganyika Order in Council, 1920 which provided

for the reception of English law whereby all rights in or in relation to any public

lands was vested in and became exercisable by the Govemor (ibid). The British ad-

ministration did not make substantial grants of public lands before 1923 as it restrict-

ed land alienation pending enactment of land legislation (ibid).

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The British administration for forty-two years in Tanganyika insisted consideration

of native laws and customs while framing laws relating to land and natural resources

by insisting respect to rights and safeguarding both present and future interest of the

native population (James, ibid). There was an attempt to preserve native lands

whereby in 1928 a right of occupancy was redefined to include the title of a native or

of a native community lawfully using or occupying land in accordance with custom-

ary law- it aimed at safeguarding the title of the indigenous people of Tanzania to

their lands (ibid). There was the formalization of tribal life by introducing the policy

of indirect rule in local administration whereby local matters including administra-

tion ofjustice was left to local laws.

From 1945 to independence, the British attempted to move administration towards a

modem local government system but the bottlenecks were traditional chiefs, who

were reluctant to relinquish the formidable position they enjoyed. The indirect rule

system has an effect on the land tenure structure as it prevented changes from taking

place uniformly in the traditional sector of land tenure and land use (James, ibid). To

curb the shortcomings of the traditional husbandry which, to the "white " seemed un-

economic and environmentally destructive, the British administration tried to mod-

ernize rural East Africa through land individualization, titling and registration (ITR).

The East African Royal Commission (EARC) (1953-1955) recommended that agri-

cultural development would be improved through modernization of land tenure by

the process of ITR of land rights.

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1.1.2,2 Independence Period

This period is from 1961 to date. It had been divided into four sub-periods as pre-

sented below:

a) Pre-Ar us hu Declaratio n I 9 6 I - I 9 67

The Tanganyika Government achieved independence with a commitment to build a

socialist society. Through the pamphlet "Ujamaa-the Basis of African Socialism" of

1962 the Govemment favoured the enlargement of the public section of land owner-

ship. In 1963, all freehold lands were converted into Government leases so that all

land was owned by the people as a whole. It was at this time when it was declared

that land belonged to society and not to individuals; one's right to land is dependent

on the use made of it and that land was not a commercial commodity-hence compen-

sation instead of price. A Customary Law Advisor prepared rules concerning land

under customary law where all lands under customary tenure were vested in the dis-

trict councils; every Tanzarian of the age of 18 years, the right to not less than 10

acres ofland.

Socialization of landholding focused on two approaches of improvement and trans-

formation to organize the people for agriculture development proposed by the World

Bank (WB) Mission in their report of 1961.The Government had prepared its first

Five Year Plan which borrowed much from the WB report. The Improvement ap-

proach aimed at the progressive improvement in the methods of crop and animal

husbandry by working on the peasant farmer on both the psychological and technical

planes to induce an increase in his productivity without any radical changes in tradi-

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tional social and legal systems (James, ibid: 23). The emphasis was on increased

production on the small scale peasant farmer through such activities on the part of

the government as extension work, education, credit and subsid ization.

The Transformation approach involved transforming traditional agriculture; both

land use and tenure, by organizing the peasants in governmentally supervised reset-

tlement schemes. The purpose of establishing these schemes were to overcome the

conservative force of tradition by removing the farmers from traditional controls; to

allow the movement of scattered rural hamlets into compact villages; to concentrate

capital investment and technical manpower on groups of farmers living together ra-

ther than scattered over large areas of the territory and lastly to enable the govern-

ment to supply social services such as schools, dispensaries and water to community

farmers at minimum cost (ibid). It shifted communities to areas where there was a

lot of underutilized land or where population was less progressive (Sundet, 2006).

According to James (1971), the schemes failed because of the use of unnecessary

heavy capital investment that became unviable due to poor response from farmers.

They were unsustainable because of being initiated and managed by officials other

than the people themselves. These settlements approach had negligible impact on the

land tenure structure as the schemes were started over virgin land purchased by the

sovernment from settlers.

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b) Arusha Declaration and Ujamaa Villagization Programme(1967-1975)

The Arusha Declaration which supplied the definition of socialism was followed by a

policy booklet on Socialism and Rural Developmenr providing guidance on rural life

and rural people. The paper provided three principles of equality which stated that

people should not exploit other individuals; self-reliance-development to be based on

people's efforts and lastly "Ujamaa"-development to be through ujamaa (family

hood) villages. Equality principle was strengthened by the legislation which enabled

the government to give land to the tiller and to arrest the growth of landlord and ten-

ant classes.

Arusha declaration re-emphasised that development had to be based on the people's

own efforts. In the second Five Year Plan (1969-1974) it was described that priority

would be on ujamaa villagers or potential villagers in the form of the distribution of

land and other social services. By 1973, villagization became compulsory and

through Operation Vtjlji, the whole rural population was supposed to have moved by

the end of 1976. The operation vijiji which was guided by the provisions of the Vil-

lages and Ujamaa Villages (Registration, Designation, and Administration) Act No.

2l of 1975 registered more than 7000 villages.

This policy aimed at providing incentives for voluntary settlements but as the process

became slow. In 1973, Mwalimu Julius Nyerere intervened by issuing an order

which stated that "to live in villages was an order" (Sundet, ibid).

Ujamaa schemes unlike the old village settlement schemes permitted ownership of

individual plots by the settlers. It also envisaged the pooling of existing owned land

for large scale socialist production. Under villagization programme land distribution

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and allocation was directed to the head of a 'kaya'(a household or family unit) as he

or she was the one responsible with the upkeep of the entire household. This ap-

proach has been challenged because women lacked independent access to land alt-

hough there is no evidence if at that time there were no female who headed house-

holds. This happened since in many cases household or family unit in African culture

are usually headed by men. However, this trend has changed as many female are

heading their households because of either being divorced, not married, widow etc.

The application of this Act had a particularly serious impact on the matrilineal socie-

ties; instead of land being controlled by the maternal uncles and in some cases wom-

en, the land now came to be vested in men as household or family head. The concept

of ujamaa vijijini(rural sociolism) poses problems of property rights and was unfea-

sible in developed areas such as Kilimanjaro where established farms were individu-

ally owned and cultivated with coffee trees and other permanent crops (James, ibid).

c) The Agricultural Policy of 1983 and Village Land Titling

This period saw in 1982 the start of the programme of Village Demarcation, Titling

and Registration (VDTR) whereby Village Councils were granted rights of occupan-

cy as owners of village land while villagers were, in turn, supposed to be given leases

by the Village Councils. This was however done without first clearing the existing

"deemed rights of occupancy" or customary land rights of villagers hence, occur-

rence of double allocations of land rights and several land problems and disputes. By

mid 1991, it had become clear that only a small percentage of these village lands had

been surveyed, certified and registered.

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t0

In 1983, the government came up with the agricultural policy which aimed at as-

sessing the state of agriculture sector in Tarr;ania. Initially, the Government formed

an Agriculture Task Force (ATF) which recommended an emphasis on development

of medium and large scale farms as previous strategies (resettlement scheme and

ujamaa villages) had focused on small scale farming (Sundet, 2006). The ATF

which became a powerful advocate of land formahzation emphasized facilitation of

medium and large scale farming sectors leaving behind the small scale farming sec-

tor, a sector where the majority of Tanzanians stay.

The Agricultural Policy of 1983, vested powers to the village councils to control vil-

lage land particularly disposition (a land which they do not own) whereby sale of

land was prohibited. The motive behind this administration was to identify land for

large scale agricultural development; however, it was difficult to get it because every

Village Council said that "no land is not village land" (Sundet, ibid). It was during

this period that demarcation, titling and registration of village land were seen as a

way of identifying free land for allocation to large scale commercial farmers. Titling

of a Village Land was an important means of protecting small holder farmers from

capitalist encroachers (ibid). By 1991 through this policy, large tracts of land in

many villages had been allocated to outsiders through collusion of the village author-

ities; hence it was deeply resented (ibid). Due to the implementation of this policy

land related disputes arose among and between villagers including movement of the

people from one place to another. The Government was concerned with this situation

of weak land governance resulting into President to appointment a Presidential

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l l

Commission of Enquiry into Land Matters, which because of being Chaired by Pro-

fessor Issa Shivji then came to be named Shiv.li Commission.

d) Presidentisl Commission of Inquiry in Land Matters (Shiuji Commission)

Recognizing the problems of ruban and rural land administration emanating from law

and the fact that Tanzania needed new policies and laws to govern its lands, in 1991,

Ali Hassan Mwinyi, then Tanzanian President, appointed a Presidential Commission

of Inquiry into Land Matters (henceforth referred to as the Shivji Commission) to

look onto land matters in Tanzania Mainland. The Commission submitted its final

report to the Government in November 1992(Fairley, 2013). The Commission came

up with very detailed analysis and proposals on how to improve land administration

in the country. It recommended decentralization of village land administration by

vesting root title of most of the country's land in the respective village communities

and to remove control over temre administration from the executive into an autono-

mous Land Commission. These recommendations did not gain sufhcient govemment

support except for the village land whose administration was decentralized io the

Village assembly (persons of the age of majority and above residing in a village).

e) Implementation of the National Land Policy and Village Land Act(1995-to date)

The Government formulated this policy in 1995. In line with the land problems iden-

tified in the country, the National Land Policy (NLP) had several objectives of sus-

tainable land administration in the country. This policy had several fundamental

principles which came to be the objectives of the Village Land Act No.5, 1999. This

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l 2

study focused on three principles which in essence were concerned with the issue of

equity. These are to:

a) facilitate an equitable distribution of and access to land by all citizens; (equi-

ry)

ensure that existing rights in and recognized long standing occupation or use

of land are clarified and secured by the law; (context equity)

regulate the amount of land that any one person or corporate body may occu-

py or use: and, (dislributive equity)

d) enable all citizens to participate in decision making on matters connected

with their occupation or use of land.- (participatory equity)

To enforce the fundamental principles of the NLP, in 1999 the Government enacted

two land laws namely; the Land Act No.4 (Cap.113) and the Village Land Act No.5

(Cap. 1 14) both of which commenced on the l st day of May, 200I. According to the

Land Act, 1999, all land in Tanzania is declared to be public land vested in the.Presi-

dent as trustee for and on behalf of all citizens of Tanzanra. Public land is divided

into three categories, namely, general land which refers to all land that is not village

or reserved land; village land which refers to land where customary tenure and

deemed rights apply; and reserved land such as forests, national parks, game reserves

and other lands reserved for public utilities (URT, 1999a). Access to land inTanza-

nia by non-citizens and foreign companies is severely restricted, in particular with

regard to customary or village land, in an effort to discourage acquisition of land for

speculative purposes. The NLP makes it clear that a dual system of tenure, which

b)

c)

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13

recognises both customary and statutory rights of occupancy as equal in law, will be

established. Under these laws, The Commissioner for Lands is permitted to grant a

right of occupancy for a term of maximum of 99 years in the name of the President.

Unlike a freehold title, the granted right of occupancy has conditions such as a defi-

nite term for the occupation and use of the land; development conditions which can

be imposed on the occupancy right holder; an occupancy right holder has no right to

subdivide, transfer or mortgage that land without the consent of the Commissioner

for Lands; an occupancy right holder has to pay rent to the Government and that the

President may revoke the right of occupancy of the landholder (URT, 1999a).Section

18 of the Village Land Act gives equal status and effect to both customary and grant-

ed rights of occupancy, customary rights of occupancy generally have no term limit,

while granted rights of occupancy cannot exceed the term of 99 years (URT, 1999a).

This study is concerned with the implementation of the Village Land Act, No.5 of

1999 (VLA) in the areas where customary rights or deemed rights of occupancy are

used.

This study was concerned with the exploration and examination of the extent to

which formalization had achieved the fundamental principles of the NLP of ensuring

the promotion of equitable distribution of and access of land to all citizens and access

of land by women. The VLA provides the parameter for what appears to be a self-

contained system of villager land rights titling and registration at the village level

including decentralization of the roles of village land administration to the Village

Council (VC) and the Village Assembly (VA). This study collectively refers the VC

and VA as the Village Land Tenure Institutions (VLTIs) mandated with the functions

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t4

of allocating land to villagers under its jurisdiction including issuance of Certificate

of Customary Rights of Occupancy (CCROs). The Government through support of

donor communities such as the World Bank and European Union has been imple-

menting the NLP and VLA through individualization, titling and registration( re-

ferred to as formalization) of rural land rights since 2001. According to Fairley

(2012,2013)the districts of Magu, Serengeti, Ngorongoro, Karatu, Monduli, Arume-

ru, Simanjiro, Korogwe, Mbozi, Rungwe, Ileie, Niombe, Kilombero, Mbinga and

Newala under the European Union (see Figure 1-1) while those of Bariadi, Maswa,

Kasulu, Urambo, Babati, Hai, Lushoto, Handeni Kilosa, Namtumbo, Tunduru,

Songea Rural, Liwale, Mbarali, and Sumbawanga Rural implemented formalization

under the funding of the World Bank(see Figure 1-2) below. It is a continuous pro-

CESS.

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15

Pilot Dist*cts with F**dingEuropean Unisn

Figure 1-1: Districts with European Union Funding for Formalization

Source: Fair lev.2013

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l 6

:'\,r.,r-'r.-*^-* : ' t }

- r . F F ) :r,.ti I

*gt

J

jt i

:Tundqrru0 ?5 150 3S0 ldlometers

Figure l-2 : Pilot Districts Funded by the world Bank for Formalization

Source: Fairlev" 2013

As pointed out earlier in this study, historical and empirical evidences concerning

land tenure system inTanzania Mainland suggest that the system has been character-

ised of full of or lack of adequate access to land, tenure insecurity, land and gender

inequality, weak governance, diminution of farm holdings, which in turn has been

among the major reasons for food insecurity and rural poverty (wB, 1995, LINDp,

II

I

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t l

1997, URT,2000; URT, 2000). On recent, the land tenure system has continued to be

the causes of killings between competing social groups mainly the pastoralists and

peasants in the country.

In2004 the Government of the United Republic of Tarzania through the Ministry of

Lands, Housing and Human Settlements Development (MLHHSD) initiated and co-

ordinated formalization using Mbozi District in Mbeya Region as the first pilot. Fol-

lowing the coming rnTanzania and adoption of Hemardo De Soto's idea of property

and business formalization, rn2006 the President's Office through the Property and

Business Formalization Programme (PBFP) known in its Kiswahili acronym MKU-

RABITA coordinated its first pilot in Handeni District, Tanga Region. Both institu-

tions collaborated with the respective district councils. Based on the objectives of the

NLP and the decentralization policy, the VLA vested all functions of village land

administration to the Village Councils (VC) and the Village Assemblies (VA) which

in this study they are referred to as the Village Land Tenure Institutions). The VLTIs

are established under the Local Government (District Authorities) Act no.7,1982.

These institutions are empowered and required to distribute and allocate land within

their areas of jurisdictions and issue certificate of customary rights of occupancy to

her villagers without discrimination.

Since when the concept of formalization was adopted by many countries, several

studies that have been conducted tried to explore the impacts of tenure reforms on

such issues like investment, access to credit and tradability of land in Africa (Feder et

al. 1988; Deininger and Feder 1998; Place and Migot-Adholla ibid; Jacoby and

Minten ibid; Sanga,2009; Nyatho, 2012, Mukandala,2009; Ghebru,2010) but there

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18

are inadequate studies which have looked on the issue of fairness and justice in the

distribution and access of rural land to social groups in areas where formalization had

taken place. The recent study by Fairley (2012) in Tanzania looked on the effects of

formalization on the security of the village land but did not examine the equity as-

pects of land distribution and access of land to beneficiaries. Studies on empirical

assessment of the direct effects of such intervention on equitable distribution and ac-

cess are very scarce.

This study asks? To what extent has this initiative of formalizing rural property rights

to land achieved the fundamental principles of the NLP of promoting equitable dis-

tribution of land and its access to the diversity of social groups including women in

these villages? This study wanted to explore and examine the equity implication of

the formalizatron. The focus of this thesis is articulated towards a critical assessment

of the equity implication of rural land rights formalization process in relation to the

implementation of the land policy in Tanzania.

1.2 Statement of the Research Problem

Inequality in rural land distribution to rural communities has been raised as a serious

land issue in many Sub Saharan African countries and Tanzania is no exception,

Several debates that followed the formulation of the National Land Policy (1995),

Gender and Women Development Policy (2000) raised a question of social justice

and equity in distribution of land resources. To tackle this issue, Tarzania embarked

on the formalization of rural land rights with the objective of promoting equitable

distribution of and access to land by all citizens including land access by gender.

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t9

Available literature informs that rural land formaLization in Tanzania has mixed re-

sults including differentiation in land ownership and non-democratic titling process.

Hitherto, there is inadequacy of information from the ground on the extent to which

formalization of rural land rights achieved the principle of NLP which came to be the

objective of VLA of promoting equitable distribution of and access to land to the di-

versity of rural citizens in Tanlania. This is the gap that this study intended to fill

from the case studies of Mbozi and Handeni Districts inTanzaria.

1.3 Overall Objective

This study aimed at exploring and determining the extent to which formalization of

rural land rights implemented in Tanzania has promoted equitable distribution of and

access to land by all citizens in Mbozi and Handeni Districts in Tanzania.

1.3.1 Specific Objectives

Specifically, the aims of this study were to:

(D To explore and examine the level of equity in distribution and access to land

among social groups at the district and village levels;

(ii) To investigate the extent of democratic participation by social groups in and the

mechanism used for land rights formalization at the village level;

(iii) To identifu factors that contributed to the success, problems and or failure of

the equitable land distribution of and access in the land formalization process at

the household and village level;

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20

(iv) To identifi' actors and roles that they played towards land distribution at the

household and village levels;

1.4 Research Questions

(i) What is the level of equiq. in land distribution and access after the rural land

formalization at the village level?

(ii) To what extent was there participation mechanism across social groups in the

formalization of land rights at the village level?

(iii) What are the factors that facilitate and or constrain efforts towards equitable

land distribution and access to the formalization process at the village level?

(iv) What are the actors and roles that they played towards land distribution at the

villaee level?

1.5 Significance of the Study

This study is useful for Tanzania as it presents an evaluation of the implementation

of the NLP of 1995 in the context of facilitating an equitable distribution of and ac-

cess to land by all citizens through village land rights formalization.

Also the findings of this study inform the policy makers on the attitude and percep-

tions of the rural communities on the land allocation system, status of relationships

between land distribution and household sizes. Besides, this study will provide inval-

uable data and case study materials for educational and training program on devel-

opment studies particularly rural land administration and livelihood improvement. It

is expected to add new knowledge in the existing body of knowledge on how imple-

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2 l

mentation of land policies are performing in the context of promoting equitable dis-

tribution of and access to rural land use rights to citizens in Tanzania and elsewhere.

In essence, this study stands as a benchmark for future land policy actions in rural

land administration particularly rural land rights titling and registration in Tanzania.

1.6 Scope and Limitations of the Study

1.6.1 Scope of the Study

This study was restricted to the village or rural land which is defined in Section 2.3

of this thesis. The study focused on evaluation of equity implication mainly distribu-

tive and procedural in relation to the formalization of rural land rights in both study

areas. It restricted itself to examination of the extent of the promotion of equitable

distribution of and access to land to the diversity of social groups including extent of

participation of landowners during the process.

l.6.2Limitations of the Studv

There was limited time with most interviewees because interviews were held in vil-

lage office premises that were not completely free from frequent intemrptions; The

study could not get views of the Village Assemblies (VAs) as one of the institutions

because of the fact from key informants that the VA were not always involved. Also

the researcher had to undertake corrective measures to develop a list of population

from where to get samples as there were no village land registers in each village as

expected.

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22

1.7 Thesis Outline

This thesis is organized into five chapters namely; Chapter One is on introduction in

which background information to the research, research problem; objectives and the

significance of this research are presented. Chapter Two presents a literature re-

view and theoretical and conceptual frameworks related to formalization of land

rights Chapter Three presenfs methodology used to conduct the study. Chapter

Four presents results and discussion from the field research in both study areas

while Chapter Five presents conclusions, recommendations on formali zation and.

equitable distribution of and access to land in rural areas in Tanzaua.

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CHAPTER TWO

LITERATURE REVIEW

2.1 Overview

This chapter presents review of literature related to this study. It starts by presenting

definitions of key terms used in this study, empirical literature on rural land formali-

zation and the policies and strategies supporting equity in land resources distribution

are presented. Finally theoretical and conceptual frameworks which have guided and

studied in this study are explained.

2.2Definition of Terms

2,2.lFormalization

The term formalization is used in this study to refer to the act of identifying bounda-

ries of rural land, the owner of that land or farm, preparation of a land title and regis-

tration of the same through a designated land registry. In some countries, it is re-

fened to also as certification or individualization titling and registration (ITR) etc.

Formalization is used to describe the process of increased state engagement in t..-,

oflegal regulation and registration ofland rights (Ikdahl. et a|.2005). It is, ironical-

ly, * unclear concept but has its origin from 'formal' which comes from the Latin

word formalis, which means 'precise/explicit/clear' (Ikdahl, et al,. ibid). Hence, to

formalise would mean to make something clearer and more explicit (ibid). Other

scholars such as Mr. Israel Simbal argues that the term formalization is not good be-

cause these rights are formal to the relevant communities and clans thus it is better toa

I Interview with Mr. Israel Simba a retired Lecturer in Laws related to real propertyand land administration at Ardhi Universitv inTanzania.

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call the exercise certification as it issues a certificate. Actually some countries such

as Ethiopia refer to this process as certification although it goes beyond certification

as it also includes boundaries identification. etc.

In current literature on land rights in Africa, the term 'formal 'is usually and implicit-

ly associated with official and written documents. According to this understanding,

to 'formalise' would be to make it offrcial. In another sense, something is formal to

one who recognises it but informal to those who do not. In Tanzania, the term is

sometimes replaced by the word Certification which refers to issuance of certificate

to the land. But also, it has been used to refer to individuali zation titling or certifica-

tion and registration of the certificate or ownership of the land rights.

A formal tenure system is normally created by the state through a law. The under-

standing of the term formalisation leads to an overall focus on the state both in terms

of state law and policy. In the area of land use and access to natural resources, states

attempt to simplify and standardise local tenure systems and rules regarding transfer

of rights, trying to make them 'legible'.

Formalisation is thus often seen as a shift from 'informal' to 'formal' norms. from

oral to written, from extra-legal to legal or from unofficial to offrcial. The classifica-

tion of institutions as formal or informal, traditional or modern is questionable but in

essence it depends on the circumstances under which the classification is made. Alt-

hough it is recognized that the terms 'formal/informal' and 'formalisation' are prob-

lematic, they are used for practical purposes to explain or describe the situation of an

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increased state engagement in terms of legal regulation and registration of land

rights. In a country like Tartzaria with more than 120 ethnic groups which are not

regulated by the state, then, formalization would mean to document what the formal

government does not know and hence simplifu provision of public services. To un-

derstand the way rural land distribution is affected by formalisation, we will have to

pay attention to the complex interplay between formal and informal norms and prac-

tices of village land administration. Formalization is also referred to as the processes

of identifying interests, adjudicating them and registering them (Meinzen-Dick and

Mwangi, 2007).In Tanzania, the term is also referred to as certification or individu-

ahzation of land rights, individualizationtitling and registration (ITR) etc. The output

of formalization is the issuance of a document referred to in this study as the Certifi-

cate of Customary Rights of Occupancy (CCRO). Formalization of land rights uses a

mechanism known as boundary adjudication which can be systematic and sporadic.

a) Adjudication

This term is used in this study to refer to the mode of delineating land boundaries for

the purpose of individualization, titling and registration (ITR) during the formaliza-

tion process. Adjudication, titling and registration can be done systematically or spo-

radically. Adjudication can either be systematic and sporadic. Likewise titling and

registration can also be systematic and sporadic.

Systematic adjudication and Registration is a survey that takes place according to

an organised plan so that rights to land are determined simultaneously within a pre-

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26

defined area. It is usually supply driven. When done systematically it means that al

the district or a village levels, all parcels or farms are surveyed at one time.

At the village level systematic adjudication is done whereby all farms or plots can be

surveyed at one time whereby owners of land, land size, crops found and other prop-

erties on the farm can be documented. The advantages of systematic survey are the

abilities to: strategically plan 'and

coordinate survey activities including public

awareness, adjudication and registration teams; strengthening the appropriate local

agencies; lowering individual survey costs through economies of scale; administering

contiol; and more easily providing increased tenure security.

Systematic surveying is regarded as a more efficient method for building a coordi-

nated cadastre in areas not previously surveyed because survey and mapping results

are simultaneously acquired in a logical step-wise process. Disadvantages include

dependence on long term government commitment and public support, and the large

investment costs financed by implementing agencies with limited immediate recu-

peration opportunities. Systematic registration has the advantage that it will provide

more comprehensive land information within a given time frame. It will also give

more people improved rights more quickly, thus supporting the general development

impact of increased security of ownership and reduced transaction costs.

Sporadic adj udicatio n and re gistration

Sporadic adjudication is a parcel by parcel approach, usually triggered by some spe-

ciltc event, like the sale of the property or registering the ownership as is the case

with one who buys land in a village. This is one where when a land owner(s) want(s)

his or her or their farm to be surveyed, he/she lthey can request the land adjudicator to

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do the boundary adjudication. Through this, details of the land rights claimers will

then be recorded and then a title or customary right of occupancy will be processed

and registered. Depending on the jurisdiction sporadic adjudication will then involve

demonstrating that the title is basically sound before it is accepted and entered into

the registration system (LINECE, 1996).

Sporadic methods are piecemeal, taking place as-needed for ownership or boundary

determination. This may result from an owner's request as opposed to being pre-

scribed by authorities, i.e. they are typically demand driven. Sporadic surveying or

adjudication is a piecemeal approach which may lead to discrepancies when isolated

surveys are brought into the cadastre resulting into the existence of large gaps of in-

formation about parcels which are left unregistered. There is potential for the sporad-

ic survey approach to favour larger land holders and elites who can afford the system

and therefore secure their property against small and more informal ownership of

poorer citizens.

According to FAO (lggg),sporadic registration is usually based on a specific action

or actions of the owner of the property to trigger, bringing it into the registration sys-

tem. The most common action used to trigger sporadic registration is the sale of the

property or mortgage processing. This was, for instance, used as the main trigger for

compulsory registration in defined registration areas in England and Wales after

1925. Sporadic systems enable selective registration, reduce overall costs, require

only a short term commitment, and allow survey costs to be directly imposed onto

land holder(FAo,ibid).

i

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28

Sporadic registration has the advantage that it may be less expensive in the short

term than systematic registration and that it tends to target most economically active

property first. It has the disadvantage that it will take much longer to achieve com-

plete coverage of all titles within the jurisdiction. If the intention is to register all (or

even most) parcels, then sporadic registration cannot be cheaper, and will likely be

more expensive because of lack'of economies of scale (e.g., neighbours all having to

survey their parcels separately.

According to FAO (ibid), the process of adjudication should simply reveal what

rights already exist, by whom they are held and what restrictions or limitations there

are on them. In practice, of course, the mere fact of a final and definitive recording of

these rights is a significant change in those jurisdictions where previously there had

been uncertainty. The process of adjudication may be sporadic or systematic, as with

resistration.

2.2.2 Y illage Land Rights

The term village as used in this study refers to the basic administrative and political

structure at the local level with an elected village council and a village assembly

which consists of all adults (individual who have reached the age of majority, that is

eighteen years and above who are of sound mind) living in a village(URT,1975).

It is also referred to as a conglomeration of households (Rwejuna, 2006). A village

can also be defined as the major non-familiar unit of peasant society, whose origin is

suggested to be an extension of the family, with non-family members introduced ei-

ther by way of marriage(and thus absorbed into the family) or to perform a specified

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29

task(ibid). A Village in this study refers to a settlement which has been registered

under the provisions of the Local Government (District Authorities) Act No.7 , 7982

as a village and which has been surveyed and issued with a Certificate of Village

Land (CVL) in the village council and the Village assembly as village institutions are

delegated power to administer the land within its jurisdiction. Village Land is one of

the three categories of public land; others are the General Land and Reserve land

(URT, I999a). "Village land" means the land declared to be village land under and in

accordance with section 7 of the VLA and includes any transfer or- land transferred

to a village; "Operation Vijiji" means and includes the settlement and resettlement of

people in villages commenced or carried out during and at any time between the first

day of January, 1970 and thirty first day of December,1977 for or in connection with

the purpose of implementing the policy of villagization, and includes the resettlement

of people within the same village, from one part of the village land to another part of

that village land or from one part of land claimed by any such person as land which

he held by virtue of customary law to another part of the same land and the expropri-

ation of it in connection with Operation Vijiji (URT,1999).

Village land rights refer to rights to the use and occupation of land by individuals,

organrzattons, clans, within the jurisdiction of a village. Land rights are defined by

the land tenure system which is made up of rules, authorities, institutions and rights.

Land rights have components or'web of interests'which are categorized as: the use

rights, such as the right to access a resource (for example, to walk or pass across a

field or farm of someone) and to withdraw from a resource (to pick some wild plants

such medicinal plants) (Meinzen-Dick and Mwangi, 2001).

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30

Other categories include the exploitation of a resource for economic benefit or the

control, or decision-making rights, such as the rights to management (plant a crop),

right of exclusion (prevent others from accessing or entering the land, plot, farm or

field), and alienation (rent out, sell, or give away the rights to others, mortgage etc)

(Meinzen-Dick and Mwangi, ibid). According to Ghebru (2010) there are three prin-

cipal rights linked to the spatial dimension of land; namely; use rights; control rights;

and transfer rights. Use rights refer to the right to use land for growing crops, pas-

sage, grazing animals, and the utilization of natural and forest products. Control

rights refer to the rights to make decisions about how the land should be used and

how benefits should be allocated. Holders of land rights can transfer their rights in

the form of sale or mortgage land, convey land to others, transmit the land through

inheritance and reallocate use and control rishts.

Land tenure rights include the freedom to: occupy, use, develop or enjoy one's land;

bequeath land to heirs or sell land; lease or grant land or use rights over that land to

others with reasonable guarantees of being able to recover the land; restrict others'

access to that land; and use natural resources located on that land(Knight,2010).A

number of individuals can hold different tenure claims and rights to the same land

whereby these claims may be formal, informal, customary or religious, and can in-

clude leasehold, freehold, use rights and private ownership (Ifuight, ibid). The

strength of one's land claims may hinge on national legal definitions of property

rights, local social conventions and multiple other factors (Ifuight, ibid).

According to FAO (2002) and Meizen-Dick and Mwangi, (2007) classification of the

web of land interests is based on the functions of each interest as follows:

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Overriding interests such as when a sovereign power (e.g., a state or a

community) has the power to allocate or reallocate;

overlapping interests where several parties are allocated different rights

to the same parcel of land, for example one party may have tilling rights

and another may have a right of way;

(iii) complementary interesls when different parties share the same interest in

the same parcel of land, as between bee-keepers and farmers with or-

(iv)

chards to be pollinated; and

When different parties contest the same interests in the same parcel.

These different categories of interests mentioned above (i-iv) have, in other cases,

been designated as primary, secondary and tertiary/transitory. For many rural com-

munities these interests are derived from social relationships and memberships,

which in turn will define the content of the risht or claim and then underwrite the

exercise ofthat right.

Land rights at a village level can be of three types, namely, clan, family and self-

acquired land. According to Manji (1996) self-acquired land may be defined as prop-

erty which has been obtained through the efforts of an individual or a family. Such

property is usually acquired by clearing virgin lands or buying land which is already

cleared. 'Family land'.is one which in the past had been owned by individuals of the

same family lineage. 'Family land' may now be defined as small plots or homesteads

retained by individual families within villages and farmed by them. 'Clan land' is

land vested in the clan under traditional systems of land tenure (ibid). These property

rights to land can be either formal or informal. Formal rights are those which are rec-

(i)

(ii)

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i z

ognized by the state and secured by legal means. Informal land rights such as clan

and family are not protected by formal laws or the modern governments. In Tanza-

nia, for example, there are many tribes each of which has customs and traditional

norms and laws which are not monitored closelv bv the Government. In some cases a

right can be dehned somewhere in between the formal and informal rights. The right

may not be against the law but it is not recognized by the law either, for indigenous

areas this is common (FAO, 2002) hence formally known as customary land. Cus-

tomary rights bounded by customary law are often practiced within indigenous areas

and are governed by traditional procedures and rules (Kalabamu, 2000).

Statutory rights are formally recognized rights which are often defined within market

capitalism. Statutory land tenure means that an ownership guaranties certain rights

such as the right for owner to sell his/her property and to transfer the property on the

market (Kalabamu, ibid). In some cases customary law has over time been written

down into formal rights which are regulated under common law (Dale and Mcl.augh-

l in, 1999).

The public land in Tanzania Mainland is categorised into three types of land, namely,

the general, reserve and village land. The last category is administered by the Village

Council and the Village Assembly. Land tenure right rnTanzanra is called a right of

occupancy which refers to title to the use and occupation of land (URT, 1999a). It is

a relationship between the people and the land within any jurisdiction. It is concerned

with the mode in which rights to land are held, and which are, therefore, grounded in

statutory law, common law or customary law and traditions.

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a aJ J

2.2.3 Equity and its Categories

Equity is a close synonym of justice and fairness, so it usually relates to more quali-

tative matters. Equality refers to the condition of being equal, and it tends to relate to

things that can be expressed in numbers such as area of a farm, income etc. For ex-

ample, one might say that land equality is a result of equity in the society, or that in-

equality in land ownership is a great inequity in land distribution. In this thesis, ineq-

uity has been used interchangeably with inequality to refer to a lack of equality in

opportunity or treatment during land formalization. Inequality is used to refer to dis-

parities in land size ownership between and among individuals and for that matter

household.

In the distribution of land as a resource, gender equity entails consideration of men

and women in the registration of land rights so as to have secure tenure for both; on

youth and adults to ensure that inheritance rights are defined for the future genera-

tions while in the case of pastoralists and peasants to consider the size of land parcel

that each group deserve to have to sustainable development.

Equity is related with land governance as it processes of decision making and im-

plementation of decisions. The term good governance can be viewed in several con-

texts such as corporate, institutional, national, and local governance. The standards of

transparency, equityo accountability, subsidiarity, and also participation are especial-

ly important to sustainable Land Administration Systems (LAS).

Smith (2008) argues that when land rights are formalized, what matters is not land or

a building but the associated equity, which he defined as something in a legal record

or title - which provides security to the holder of the legal record or title for free use,

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34

mortgages, easements and other covenants. In practice, when an individual wants a

loan from a bank he or she presents the title deed to a bank and thereby allow the eq-

uity associated with the underlying asset to be set free for purposes of investment in

other things. In this way, the records and representations constituting the formal

property system bring a new domain of quasi-abstract reality into existence, whose

growth is intimately associated with those advances in human welfare which are as-

sociated with economic development (Smith, ibid).

Many scholars have tried to discuss equity. According to Sharon (2000) equity is

about fairness and derives from a concept ofsocialjustice. It represents a beliefthat

there are some things which people should have, that there are basic needs that

should be fulfilled, that burdens and rewards should not be spread too divergently

across the community, and that policy should be associated with impartiality, fairness

and justice towards these ends (ibid).

Equity implies that people's needs, rather than social privileges, should guide the dis-

tribution of opportunities for well-being. Equity requires reducing unfair disparities

as well as meeting acceptable standards for everyone. Equity implications assessed in

this study are distributive equity, procedural/participatory equity and contextual equi-

ty. Theses aspects of fairness and justice are associated with the procedure used to

distribute land rights during the formalizatton process in the study areas of Mbozi

and Handeni Districts inTanzania. Procedure and participatory equity which consid-

er context in which the resource is located can determine the way distribution and

access can be equitable. Contemporary thinking on equity owes much to the work of

US philosopher John Rawls, who argued that just outcomes are those that people

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35

would agree to under a "veil of ignorancs"-1[41 is, if they did not know what statusthey would occupy in society (LrNDP, 20lr). John Rawls,sidea ofjustice advocated

basic liberties and procedural fairness by permitting inequalities in cases when theycould reasonably be expected to be to the advantage ofeveryone (and ifby reducing

them they would make everyone worse offl.

Evaluation of equity implication where land rights formalization or titling program

has taken place is important because it is about human development. Human devel-

opment is the expansion of people's freedoms to live long, healthy and creative lives;

to advance other goals they have reason to value; and to engage actively in shaping

development equitably and sustainably on a shared pranet.Equity is about distribu-

tive justice; therefore, where the process of land titring becomes inequitable, it be-comes unjust across groups or generations. Inequalities are especially unjust when

they systematically disadvantage specific groups of peopre, whether because of gen_

der, occupation, race or birthplace, or when the gap is so great that acute poverty ishigh(ibid) or likely to be high.

Equity can be distributive,

procedural or participatory

below:

a) Distributive Equity

According to Mc-Dermott et at.(2011),distributive equity is concemed with out-

comes in the allocation among stakeholders of costs, risks and benefits resulting from

environmental policy or resource management decisions and hence represents pri-

procedural or participatory and contextual. In practice,

equity facilitates distributive equity. They are discussed

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36

marily (but not exclusively) the economic dimension of equity. In this respect then

equitable distribution of benefits (which in this case is land resources, grazing areas

etc) to the beneficiaries can be justified on the basis of one of several different prin-

ciples: equality, social welfare, merit and need. The distributive equity can be within

the same generation or between the current and the future generation hence, intra-

generational and intergeneratioiral equity. These categories are discussed in detail

below:

(i) Intergenerational Equity

Intergenerational equity in economic, psychological and sociological contexts is the

concept or idea of fairness or justice in relationships between children, youth, adults

and seniors, particularly in terms of treatment and interactions (Foot and Venne,

2005). It refers to relationship that a particular family has on resources. Intergenera-

tional equity is the central ethical principle behind sustainable development (Sharon,

2000). The 1987 UN Brundtsland Commission defined sustainable development in

equity terms as: "development that meets the needs of the present without compro-

mising the ability of future generations to meet their own needs."Intergenerational

equity refers to how fairly benefits such as land rights are distributed across existing

population of interests (Arko-Adjei,2011). It is more about distribution of resources

such as land.

Distributional equity.ensures that the needs of minorities and vulnerable groups in

the society are provided for. In this case, the focus is on how rights are apportioned

such that they are used effectively and efficiently at present, without compromising

their use by future generations, hence incorporating sustainability.

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Sustainability is concerned with one type of equity- across people bom in different

times- as distinct from the distribution of outcomes, opportunities or capabilities at

present.

Intergenerational equity means that we inherit the Earth from previous generations

and have an obligation to pass it on in reasonable condition to future generations.

The idea behind not reducing the ability of future generations to meet their needs is

that, although future generations might gain from economic progress, those gains

might be more than offset by environmental deterioration which will occur as a result

of population growth, overgrazing or misuse of rangelands, etc.

(ir) Intra-Generational Eqaity

This is about fair treatment across communities (household, gender, occupational

groups, age, etc) and nations within one generation. Intra-generational equity is as-

sociated with the principle of sustainable development because in many cases inequi-

ties in the distribution of land resources have triggered the degradation of the,envi-

ronment. As a result of inequities in the distribution of land resources, people be-

come poor hence they become environmentally unsound in their activities. As argued

by Sharon (2000), poverty deprives people of the choice about whether or not to be

environmentally sound in their activities.

Intra-generational equity is concerned with the way resources are distributed within

the current generation. It is about equity between people of the same generation such

as male and female; boys and girls; youth and adult; married couples; peasants and

pastoralists (Sharon, ibid). It includes considerations of distribution of resources such

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38

as land and justice between nations or individuals or social groups within a commu-

nity such as a clan, community, a village etc. Other considerations include what is

fair for people within any one nation, a village, district or any geographic al area.

Thus, the distribution of benefits such as land use and access right can be termed eq-

uitable in terms of intra-generation if it is inclusive whereby all social groups in a

community or a village have been considered. Therefore, if a certain social group is

denied ownership or access right or has inadequate land resource, then there is likeli-

hood for one group or individual to trespass into the land of another individual or

group or a reserved area. Examples of indicators of intra-generational inequities in

Tanzania include escalating land related disputes, trespass to protected areas such as

wetlands, game reserves, forests reserves or common land resources in a village such

as grazing and burial sites.

The high levels of wealth are perhaps even more damaging to the environment (both

rural and urban) as they are accompanied by high levels of resources consumption

such as land grabbing, which lead to landlessness to segment of communitigs and

thus poverty for those who rely on land do so for livelihoods. Many environmental

problems-such as global warming and chemical contamination are the result of af-

fluence rather than poverty (Sharon, 2000). These occurrences are witnessed in Tan-

zaniain the form of trespassing on reserved lands such as the national parks, forests

and game reserves, wetland areas and even to land owned legally by individuals and

organizations.

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39

b) Procedural/Purticipatory Equity

Procedural Equity (PE) can be specified to mean an1'thing from guaranteeing basic

rights equally to taking affirmative action to amplify the voices of groups such as

women, the landless and ethnic minorities which are frequently marginalized with

respect to natural resources, (Mc-Dermott et.al,2011). PE is about fairness in the po-

litical processes that allocate land resources and resolve disputes. It involves repre-

sentation, recognition/inclusion, voice and participation in decision-making. Accord-

ing to Shao (2008), empowered participation or involvement means not only the

physical presence of the individual, but also active, effective and conscious participa-

tion. In the context of village or rural land formalization process, all dimensions of

equity come together in the normative principle of participatory parity, which insists

on fairness, inclusiorVrepresentation and democratic decision-making at all levels

from the design of formalization process (awareness, approval of claims, adjudica-

tion mechanism, titling and registration) to completion.

c) Contextual Equity

Contextual equity links together the other two dimensions (distributive and proce-

dural equities) by taking into account the pre-existing conditions under which people

engage in procedures and benefit distributions - and which limit or enable their ca-

pacity to do both. It entails access, capabilities and power. Access refers to the

'ability to derive benefrts from things such as land', whereby this ability depends on

a 'web of powers' exercised through social relations and institutions such as tradi-

tion, markets, property, and informal, illicit and coercive claims to resources such as

land rights (Ribot and Peluso, 2003). Capabilities are capacities necessary for indi-

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40

viduals and households to fully function in their chosen lives, which in other words,

constitutes freedom and the wherewithal to exercise land rights and choices in pursu-

ing their lives they find appropriate. In order for a villager to exercise any on-farm

livelihood activity such as farming or livestock keeping they require adequate land

for farming and grazing purposes including recognition as members of the village (as

a community). Also education, information, sufficient economic resources and secu-

rity are a prerequisite (Ribot and Peluso, ibid). Power enables actors such as the Vil-

lage leaders and their Councils and the villagers who are customary land rights hold-

ers or beneficiaries (villagers including women and other nrlnerable groups) to gain

control and maintain access to land resources. Unequal power (re)produces inequity

in its other dimensions.

2.2.4Beneficiary

Benefrciary in this study refers to an individual or institutions whose land rights

(clan, family or self-acquired) were adjudicated, individualized,titled and registered

at the District Land Registry during the formalizatron programme in Mbozi and

Handeni Districts. Beneficiaries are also referred to as respondents in this study.

2,2.5Land Tenure and Administration Svstems

a) Land Tenure

Land tenure is the relationship, whether legally or customarily defined, among peo-

ple, as individuals or groups, with respect to land (FAO, 2002).lt develops due to so-

cial, political and economic structures that have existed within a country.

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4 l

Therefore, it is important to understand each country's specific history as well as cul-

ture to be able to understand the land tenure structure that has developed within the

country studied and why. Land tenure is categorized into the following sub areas

(FAO, ibid):

Private or individual land refers to land which is tied up to an individual or a party

with exclusive right to that specific land. Communal land is one in which each

member of a society or a village has the right to use like a path, farming, grazing etc.

Open access means free access to resources to all, for example forests and marines,

grazing and medicinal picking and State in which the rights to this tenure category

are assigned to an authority in the public sector as is the case of Tanzania National

Parks Authority (TANAPA) for all national parks and game reserves in Tanzania

Mainland. InTanzania the state land is referred to as the reserve land. All these cate-

gories of land can be found in a village. Manji (1996) talks about clan and family and

self acquired land as one under private or individual land. In many rural areas, com-

munal land, open access are sometimes owned by individuals, groups such as cian or

family.

b) Land Tenure Systems

Land tenure system refers to the rules, authorities, institutions, rights and norms that

govern access to and control over land and related resources. They define the rules

and rights that govern the appropriation, cultivation and use of natural resources on a

given space or piece of land; they govern who can use what resources, for how long

and under what conditions. They can be formal or informal whereby the former is

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42

recognized by the state while the latter is not recognized by the state; statutory or

customary whereby the former is a result of the statute while the latter are rights that

result from customs and traditions of the local community or traditional institutions;

legally recognized or not legally recognized are rights which are either codified or

not codified by any law although they exist-for example nyarubanja rights still exist

in Bukoba although legally they are not recognised; permanent or temporary are

those rights which are periodic such as a permit to graze in someone's farm after

harvest. The right of private ownership or of common property are like those of

freehold tenure while common property rights is like those where owners do not de-

fine their individual rights such as customary tenure (IFAD, 2008).

Land tenure systems need to take sufficient account of the land access and tenure is-

sues otherwise they can result into problem. Therefore, the types of crops that are to

be grown on a piece of land- be they for subsistence or commercial purposes- are in-

fluenced by the decisions of land access and tenure security. The decision of land

access also influences the extent to which farmers and other land users are prepared

to invest in improvements in production, sustainable management, and adoption of

new technologies and promising innovations. Tenure systems in many developing

countries have been influenced by former colonial land policies that overlaid estab-

lished patterns of land distribution and access (ibid).

c) Land Administration Systems (LAS)

Land Administration is defined as the processes of recording and disseminating in-

formation about ownership, value, and use of land when implementing land man-

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43

agement policies G|NECE, 1996). Land administration is the management of sys-

tems of land rights which include the following subjects:

(i) Procedures by which land rights are allocated or recognized;

(ii) The definition and delimitation of boundaries between parcels;

(iii) The recording of information about land rights, rights holders, and parcels;

(iv) Procedures governing trdnsactions in land, including sales, mortgages, leases

and dispositions;

(v) The resolutions of uncertainty or adjudication of disputes concerning land

rights and boundaries;

(vi) Institutions and processes for the planning, controlling and monitoring of land

use; and

(vii) Land valuation and taxation procedures.

To be able to perform these subjects, land administration systems can either be in the

form of a centralised, decentralised or integrated system. Centralised systems use a

centralised bureaucracy to carry out land administration tasks, thereby relying on a

single, closed (top-down) approach. Decentralized system uses a decentralized bu-

reaucracy to carry out land administration tasks with offices at the district or local

level depending on the government system in place. In Tanzania, for example, ad-

ministration of village land has been decentralizedto the village levels whereby reg-

istration of village land rights is done at the district land registry level.

Integrated system is one whereby some functions are centralized while others are de-

centralized as is the case with the administration of general land in Tanzaniawhereby

certain land size allocation needs approval of the Commissioner for Lands.

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44

But Fairley (2012) argues that land administration systems can be top-down or bot-

tom-up and concurrently centralized or decentralized.

2.3 Empirical Literature on Rural Land Formalization and Equity

The literature review strategy included expert chain of citations ('snowball') ap-

proach which was followed by a keyword-based computerised search of the litera-

ture. Several studies with keywords of rural land formalization, equity and equitable

land distribution, land access and distribution; gender and land access; vulnerable

groups and land formahzatron were reviewed. This part presents findings of the prior

works on rural land rights formahzation with a focus on equity from global to local

level. Equity in a particular programme or project can be in the form of distribution

of outcomes and in the procedures employed in the project or programme.

There are formalization programmes that considered the relationship between citizen

and land ownership during the allocation of land resources. Cambodia has been cited

by Catalla (2001) as one of countries with a fairly equitable land ownership system

following the enactment of a Sub-decree No. 25 and Instruction No. 3 of 1989. In

this country, land was redistributed to private households based on the number of

family members (household size) and land availability in the area. Local authorities,

with full participation from village residents, identif,red the number of members in

each family and the available land in the area, then subdivided the land accordingly

(ibid).

A study by Jayne.et al,(2003) in the Eastern and Southern African Region, found that

the smallholder farming sector was typically characterized by small but relatively

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45

"uni-modal" and equitably distributed land holdings situated within a "bi-modal" dis-

tribution of land between large-scale and small-scale farming sectors. Jayne. et

al.(ibid) admit of that empirical data show that in Africa there have been inadequate

studies within the small farm sectors and that land-related research has mainly fo-

cused on the effects of land property rights and tenure. The study further found that

in many African countries the distribution of farm sizes has signs of disparities in

access to land within the smallholder sectors. This included the difficulties of nurtur-

ing other avenues to rural income growth for households lacking access to sufficient

land to ensure a decent livelihood (ibid). Inequities in assets distribution is seen as a

challenge. In countries with a "bad" distribution of assets; however, economic

growth was skewed toward wealthier households, causing the gap between rich and

poor to widen (Jayne; et a1,2003). This necessitates evaluation of the formalization

of land rights in Tanzania so as to determine the patterns of distribution of land as

assets.

On farm or land size, Jayne. et al., (2003) argue that the discussion of feasible and

sustainable rural growth strategies must be grounded within the context of prev'ailing

farm size distribution patterns and trends. However, available evidence indicates that

most of Africa is facing increasing rural population densities and person-to-landratr-

os (ibid). This finding is supplemented by Gugerty and Timmer (1999) study who

found that initial "gogd" distribution of assets, both agricultural and non-agricultural

growth, benef,rtted the poorest households slightly more in percentage terms. It was

also found that formahzatron in many cases had been associated with the decentrali-

zation of land administration powers through introduction of village councils as deci-

sion making bodies.

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46

Knight (2010) in his study on countries that have made and implemented land law

mentions Tanzania in the list of best practices but does not discuss the extent to

which these land laws and in particular the VLA have achieved their objectives of

promoting equitable distribution of and access of land to her citizens. But, Pedersen

(2010) in his working paper on the Challenges of Implementation of the Tanzama

Land Law Reform raised two important issues to address, namely, whether equity in

access to land administration services is ensured and whether the rishts of vulnerable

groups are sufficiently protected.

The role of local land tenure institutions has also been found as sources of land ten-

ure problems. A study by Quan (1997) found that the introduction of formal catego-

ries of tenure and systems of land administration (such as land boards, village coun-

cil) in parallel to existing systems of customary land management has frequently re-

sulted in uncertainty and confusion regarding rural land rights. This was supported

by Lastarria (2006) who found that titling programmes in many cases ignore cultural

norms and practices around land rights resulting into a situation where certain groups

(such as women, children, pastoralists and other ethnic minorities) are disenfran-

chised.

Approach to formalization programme has also been discussed as resulting into land

related problems. Acgording to Hall (1998), experience with land rights formahza-

tion in Africa has shown that efforts to redistribute rural land to the "disadvantaged"

or to the "rural landless", have tended to reinforce existing land rights resulting into

new dimensions of inequalities within beneficiary communities. This is further sup-

ported by Amanor and Moyo (2008) in their study in Zimbabwe where they found

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47

that inequitable access to land prevented the rural poor from acquiring plots of land

that were economically viable. In uncertainty situation where existing rural land

rights are unclear or weak as is always the case in many rural settings in Africa, the

use of sporadic or on - demand approach for first - time registration of rights will

often carry a significant risk of land grabbing by well - connected and powerful

el i tes (Deininger. et a|.,2010).

Findings by Deining er. et al., 8010) in Ethiopia and Rwanda show that the mecha-

nism of formalization adopted low-cost, community-based approaches to land regis-

tration. These approaches involve women in key administrative and decision-making

positions at all stages of the process of demarcating and adjudicating land parcels.

Land parcel occupation and boundaries are agreed upon in public, with the consent

of all parties, including those occupying neighboring parcels. Besides being of low

cost, Deininger et al; (2008) argue that the land adjudication used a participatory

mechanisms which was viable and led to equitable outcomes that allow clear produc-

tivity, gains over time.

In his analysis on considering customs and tradition in policy implementation, Sha-

ron (2000) argues that many policies that emphasize reliability on customs and tradi-

tions in their implementation, take a 'one size-fit all approach' without looking into

local conditions of the country (for example, village, ward, district or region) and

hence this can result into inequities in land resources distribution. This is in line with

Shao's (2008) findings that measures to improve environmental problems through

the introduction of private land titling in communities where land is used as a com-

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48

mon resource can result into serious disputes as was the case in Handeni District in

Tanzama. The implementation of these policies may impact more on some sectors of

the community than others. This can happen through imposing additional costs re-

sulting from less accessible land resources or reduce ability to compete locally, re-

gion wise or internationally because of the reduced capabilities.

A study by Block and Foltz (1999) in Sahelian countries found skewed distribution

of land and that there had been little attention devoted to quantifying land distribu-

tion patterns within Africa's small-scale farming sector. This happens amid a wide-

spread acceptance that "pro-poor" agricultural growth is strongly associated with eq-

uitable asset distribution (ibid). The model of structural transformation has demon-

strated that in countries where 70-80% of the rural population derive the bulk of

their income from agriculture; poverty reduction typically depends on agricultural

productivity growth (ibid). This is associated with the observation made by Jayne

et.al; (op cit) that discussion of feasible and sustainable rural growth strategies

should be grounded within the context of prevailing farm size distribution patterns

and trends. This is what this study has tried to look into in the context of Mbozi and

Handeni Districts to see if institutions resnonsible for land allocation considered rela-

tionships that existed between farm sizes ura tfr.i, household size, occupation etc.

Literature on land rights distribution inTanzania shows the existence of inequities. A

study by Mchomvu et al; (2002) quoted studies by Awiti (1973) and Putterman

(1986) on distribution of land in Ismani (Iringa) and Arusha, Morogoro, Mbeya,

Iringa and Ruvuma regions reaffirming the existence of inequality in the distribution

of landholding. Manji (1996) points out the Tanzanian programme of villagization

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49

under which farming was to be carried out collectively by all members of a village as

the one that altered the concept of family land resulting into land inequalities. Means

of access such as own acquisition (buying), inheritance of clan or family land deter-

mine equality of land ownership. Manji (ibid) argues that, in case of women, those

who acquired their own land were treated by other villagers with more respect than

those who are landless or those who expected to get through inheritance. Though

these studies were conducted a long time ago, they show how the issues of inequities

in land is old and thus where formalization has taken place assessment is vital to see

whether those inequities have been addressed on not.

In examining factors that affect equity in the distribution of and access to land a

study by Catalla (2001) on land registration found land registration in some cases

exacerbate disputes and enabled land grabbing because some elite groups sought to

assert claims over land which was not theirs under customary law because of the

knowledge of impending registration. The inequities in land distribution were due to

lack of access to education, land information and contact; cost of registration as users

find that the land that they thought was theirs has been registered by someone else.

The most vulnerable to losing land use rights are smallholders.

Moteover, registration tends to penalize holders of secondary land rights, such as

women and herders, as these rights often do not appear in the land register and are

thus expropriated (Cotulla. et al; ibid). This is supported by Lastarria-Cornhiel

(2006) who laments individualization and privatization of ownership (formalization)

do transfer land rights from household members to individual men as they are able to

claim all rights to land and that formalization has been full of inequity in the status of

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50

land distribution. Under many of the titling programs there is one dynamic of indi-

vidualization that those persons with indirect and secondary rights to land (such as

women, ethnic minorities, and nomadic pastoralists) may lose them (rights), particu-

larly when land is formally privatrzed under titling and registration programs.

Empirical studies further show that some of the user rights which are normally lost

during formalization include access and use rights for cultivation and grazing that

women and minority groups may have to land under customary rules. These, accord-

ing to a study by Tuladhar (2004) occur especially during the adjudication phase in

which existing land rights are recognized. and recorded according to the land law.

This has been the case during registration of land rights in many developing coun-

tries as less or more security of tenure and conflicts over land are created (ibid). Be-

sides, such tools as formal land use plans can result into denial of use rights such as

grazing rights of pastoralists as was the case between Chamakweza and Pingo Vil-

lages in Bagamoyo District, Tanzama (researcher's own eiperience formerly as a

Bagamoyo District Land Officer and Registrar of Customary Rights of Occuppncy)

hence affecting the livelihood of the pastoralists.

In Kenya, a long history on the impacts of formalization as presented by Okoth-

Ogendo (1985) show that a formahzation program impoverished the rural society

whereby for example.in Kajiado area it compromised the viability of the range for

pastoralists, resulting into many Maasai selling off their land and moving into trad-

ing centres such as Nairobi in pursuit of petty trade and menial jobs (Odhiambo,

2006). This is supported by Platteau (1995) who found that in Africa land registra-

tion has increased uncertainty and conflict over land rights especially for groups such

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51

as pastoralists which customarily had no formal access to natural resources. Other

studies with negative findings on formalization include that by Shao, 2008 and Od-

gaard,2006 who found that weak local land governance in terms of policies and

democratic principles in rural areas had resulted into conflicts mainly between pas-

toralists and peasants. The educational, economic and political dlites were generally

able to benefit disproportionately from land titling. Recent massive formalization is

that of Ethiopia where Deininger. et.al; (2008) regard it as the largest land admin-

istration program carried out over the last decade and possibly in the World as it is-

sued 20 million certihcates to farmers. Unfortunately the study does not narrate any-

thing about equity in this programme.

In line with situation, Tsikata (2001) and Kagwanja (2008) recommended an exami-

nation of the adverse effects of individuahzed titling programs in Africa on marginal-

ized segments of society, including women, children, migrants; pastoralists, hunters

and gatherers, and communal land users particularly questions of social justice and

equity in the distribution of land resources. Other studies by (Koda, 2000, Cotulla et

aL,2004; Claussen, et al., 2003;) on the implementation of new land policies and leg-

islations recommended examination of the effects of these new policies and legisla-

tions in Sub Saharan Africa so as to inform the governments on the consequences of

their efforts through qualitative gendered concerns. Their recommendations included

the follow-up suveys in Tanzania so as to come up with the assessment of the im-

pacts of formahzation on different social groups. This is an evidence of the existence

of inadequate information on the extent to which equity issues have been handled by

formalization pro ce s s.

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52

Study by Ghibru (2010) on the land certification in Ethiopia also proved that many

literature on land reforms have explored its impacts on investment, access to credit;

productivity and tradability of land in Africa (for example in Tanzania by such re-

searchers like Mukandala,2009; Sanga, 2009 and Nyatho, 2012) but studies on em-

pirical examination of the status of such intervention on land distribution among so-

cial groups at the rural settlement levels were very scarce. This was also raised by

Fairley (2012) in her recent research in Mbozi, Kisarawe, Bariadi and Handeni dis-

tricts in Tanzaniawhen she recommended a further research on women land rights,

agriculture improvement in the form of optimal farm size for the most efficient pro-

duction of food crops which she regarded as an ongoing debate in this field.

Empirical studies show funher that procedures for land access and administration

have some injustices as some social groups such as pastoralists are marginalized and

their land use rights disregarded (Shivji, 1999; Mwaikusa, 1999; ole Kosyando,

2007; Fairley, 2012;2013). Fairley (2013) recommended a funher assessment to de-

termine how hybrid approaches of formalization could help sustain the livelihoods of

residents in Tanzania and this recommendation is what this study had tried to do. In-

dicators of inequity in distribution and access to land in Tanzania is manifested from

the growing volume of land related conflicts mainly between pastoralists and peas-

ants; trespass on protected areas and objection to land use planning pro-

cess(Shao,ibid).

A recent study by Ali. et al ;(2011) on the assessment of gender and land access in

land regularrzatron and titling (LRT) in Rwanda found that gender equity was highly

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53

earmarked as 660A of women have secure tenure either independently or jointly with

their husband. Besides, they found that approximately 93% of public land in Rwanda

was owned either singly or jointly by women. Also, the program improved land ac-

cess for legally married women (about 76 percent of married couples) and prompted

better recordation of inheritance rights without gender bias((Ali et al., ibid). This

study did not assess the relationship between land size and household size to deter-

mine the likelihood for departure from poverty by these households.

Giving women - particularly female-headed households - greater influence over land

assets allows them greater control over household incomes, and welfare. Tenure se-

curity also enhances women's power in agricultural production and in social relation-

ships in the wider community (ibid). However, Ngaiza (2002) in her study on gender

and poverty inTanzania insisted on transformation which should concentrate efforts

more on both rather than thinking of women alone. Patriarchal powerlessness should

not be ignored as it can endanger societal and women's well-being (Ngaiza, ibid).

This study by Ngaiza was conducted during the early stages of the implementation of

the village land act but is vital as it considers the balance between male and female

with strong consideration of male.

2.3.1 Research and l.,iterature Gap

The Research and Literature Gap is that majority of the studies presented above,

though conducted in different periods since the implementation of the NLP and the

VLA, did not focus on the equity implications of the formalization process. Many of

these studies tried to examine effects of formalization to credit access and investment

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54

in the form of mortgage. Others such as that by Fairley (2013) were concerned with

the security of the village land as a whole during the upholding of customary tenure.

Besides, these studies have not adequately collected quantitative and qualitative data

at the household level and neither have they assessed relationships between for ex-

ample, farm size formalized and household sizes, farm size and gender; number of

children and household farm size and equity in participation.

These prior studies have inadequate information on the extent to which rural land

rights formalization has achieved the objective of the NLP in promoting equitable

distribution of and access to land by all citizens in Handeni and Mbozi Districts. As

argued by Sekkandi (n.d) how the burning problem of land is handled is important

for present and future generations.

2.4 Policies and Strategies Supporting Equity in Land Distribution

There have been global and national concerns that emphasize on equity in dealing

with land tenure rights. Equitable distribution of and access to land is believed to be

good in facilitating civil order, peace and economic growth; redressing the history of

racial, ethnic, social and gendered inequity in ownership and access to land (kdahl

et a1,.2005). History shows that, early land registration system that started before in-

dependence in Tanganyika such as freehold tenure, concentrated lands in the hands

of more efhcient farmers, but it led to landlessness and poverty for large segments of

the population. Upon attaining independence, Tanzania (then Tanganyika) believed

that equity concerns were more important than the efficiency considerations (collat-

eral, productivity) because by then, the tenure system could create a small landed

class. This resulted into the conversion of freehold titles into leaseholds under the

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55

Freehold Titles (Conversion) and Government Lease Act (Cap.523) of 1963 which

were later on converted into Rights of Occupancy under the Government Leaseholds

(Conversion of Right of Occupancy) Act No.44 of 1969 (URT,l995).

At the African Continent level, there is a Land Policy Initiative (LPI) of the United

Economic Commission for Africa (UNECA) which seeks to make the African Union

commitment to ensuring equitable access to land and related resources among all

land users (particularly the landless and vulnerable groups such as the youth, the dis-

placed persons and women), a reality (Polack, 2012). Many of the policies and strat-

egies relevant to the issue of equity were formulated in the 1990s. Many of these

strategies and policies which are to be discussed below focused on equity as a princi-

ple necessary for growth and poverty reduction.

2.4.1 Policies Towards Equity

(, Gender and Women Development Policy of 2000

This policy came as a result of the review of the Women in Development Policy of

1992. This policy emphasises and requires sectors responsible with survey, and ti-

tling of land to rural communities to ensure that women get this service so as to en-

sure they have land to use and secure agricultural loans for their development; and to

ensure that peasants get enough land. It provides for women empowennent by giving

more opportunities to women in all spheres including politics, leadership positions,

management and economic development. This policy is anchored on the belief that

women are inferior and that they should be mainstreamed in development process.

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56

However, Ngaiza (2002) challenges this by arguing that also there are men who need

support in the form of empowerment. Through objectives of this policy, there has

been mandatory requirement for gender mainstreaming in the decision making bod-

ies such as the village councils. It requires inclusion of women in the village councils

as members. This study verif,red the inclusion and participation of women in the land

tenure institutions in the study aieas as will be shown later.

(ii) Decentralization Policy of 1972

This policy came into force in 1972 and gained strong momentum in the 1980s. Also

known as decentrahzation by devolution (D by D), it emphasizes the need for the

transfer of roles and responsibility of various activities such as village land admin-

istration from central to the local sovernment authorities. Decentralization can also

be in four forms of devolution, delegation, de-concentration and divestment

(Rwechungura, 2011). Three types of decentralization are political, administrative

and fiscal (UNDP, 2000). In line with the requirement of this policy, Tanzania Gov-

ernment, through the Village Land Act, decentralized the administration of tlie vil-

lage land to the local government authorities mainly the village councils. This was

administrative decentrahzatton; it presents the decentrahzation of the roles of village

land administration to the grassroots structures referred to in this thesis as the village

land tenure institutions (VLTIs). The village councils are empowered to administer

village lands but the powers are subject to limitations embedded in the laws and pro-

cedures (URT. 1995).

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According to Rwechungura (ibid), administrative decentralization enables the gov-

ernment to improve service delivery through:

a) De-concentration by transfer of authority and responsibility from one level of

the central government to another while maintaining the same hierarchical

level of accountability from the local units to the central government minis-

try, department or agency which has been decentralized;

b) Delegation by redistribution of authority and responsibility to local units of

government or agencies that are not always necessarily branches or local of-

fices of the delegating authority. While some accountability transfer to the

sub national level units to which power is being delegated takes place, the

bulk of accountability remains vertical to the delegating central unit.

It needs to be noted that historically, functions of rural land administration in Tanza-

nia were in the hands of chiefs until 1963 when these functions were rendered obso-

lete. Delegation of functions started from the re-establishment of the local govern-

ment system through the enactment of the Local Government (District Authorities)

Act No.7 of 1982. The grassroots structure in the rural local government systems of

Tanzania is the village which is administered by two institutions referred to in this

study as the VLTIs. The Villages and Ujamaa Villages Act of 1975 established the

VLTIs (village assembly and village council) and are recognized as grass root level

political and administrative organs. Thus, the questions we raised in the context of

this policy in relation to our study are about whether during formalization, these in-

stitutions played their roles as required or not? Were these institutions able to dis-

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charge their duties to enhance equity in the distribution of and access to land as pro-

vided for in the policy?

(iit) National Land Policy, 1995

This policy had one of its fundamental principles of ensuring the promotion of equi-

table distribution of and access to land by all citizens; to ensure that existing rights in

land, especially customary rights of small holders (i.e. peasants and herdsmen who

are the majority of the population in the country), are recognized, clarified, and se-

cured in law. It also stated that ceilings on land ownership would be set and later

would be translated into statutory ceilings to prevent or avoid the phenomenon of

land grabbing (URT, 1995). These objectives focused on equity and this study was

concemed with how the implementation of the National Land Policy through indi-

vidualization, titling and registration(ITR) also known as certification or formaliza-

tion, achieved these in Mbozi and Handeni Districts inTanzania. In line with the ob-

jectives of the NLP, the Land Use Planning Act No.6, 2007 under Section 4 presents

commitments to equity in her objectives as to:

a) facilitate efficient and orderly management of land use;

b) empower landholders and users to make better and more productive use of

their land;

c) promote sustainable land use practices; and

d) ensure security and equity in access to land resources.

This study raised questions emanating from the objective of this policy:

(i) How was land ceilings controlled or not during formalization process?

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(ii) How were landholders and users empowered to make better and more pro-

ductive use of their land?

(iii)How was equity ensured in the access to land resources?

2,4.2 Strategies Towards Equity

0 Tanzania Poverty Reduction.Strategy Paper (PRSP) of 2000

This strategic paper reports that poverty was largely a rural phenomenon and that the

poor are concentrated on subsistence agriculture (URT, 2000). It also revealed that

poverty incidence for households whose heads worked in own farms was 57 percent.

Bearing in mind the evidence that economic growth is a powerful means of reducing

income poverty, this strategy has had the objective of promoting accelerated and eq-

uitable growth. It reports gender inequality, weak governance and insecure land ten-

ure as among other factors challenging the poor. In the logical framework of the

PRSP there was action for distributing land suitable for inigation in favour of the

poor and promotion of effective participation of all stakeholders. In line to the PRSP

this study asked the following questions:

a) How did formalizatron handle gender inequality?

b) Was there land distribution for any use like irrigation to the poor?

(ir) National Strategyfor Growth and Reduction of Poverty NSGRP of 2005

This strategy has mentioned the issue of equity particularly in paragraph 4.2.7 of

NSGRP where equity is discussed as follows:

The basic tenet is that growth is necessary but not sfficient for poverty reduction. Tothat ffict, equity issues need to be taken on board as well. Tanzania needs fast butequitable growth, focusing on reducing inequalities, increasing employment and en-

hancing livelihood opportunities for the poor. Equitable growth will entail improving

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access to and use ofproductive assets by the poor, addressing geographic disparitiesand ensuring equal and universal access to public services (URT, 2005).

This study asked the following questions:

a) Was formalization process capable of trying to reduce inequalities and ineq-

uities in land access?

b) Was the process capable. of improving the access to land as a physical asset

for the poor?

(iii) Human Rights Based Approach (HRBA)

This is concerned with the rights of human being in all development processes. It is

apparent that current international and national laws and policies addressing 'formal-

rzatron' or 'secure land rights' are clearly related to the human rights. The applica-

tion of a HRBA has a direct bearing on international and national land reform poli-

cies, facilitating gender equality through the elimination of direct and indirect dis-

crimination. The United Nations Development Programme (UNDP) has integrated

human rights in recent reformulations of international development policies (Ikdahl,

et a|.2005). The Johannesburg Declaration of 2002, which followed up the UN Sec-

retary General's initiative on Water, Energy, Health, Agriculture and Biodiversity

(WEHAB), is also adopting this approach. These initiatives have been further fol-

lowed up by the Office of the UN High Commissioner for Human fughts (OCHCR)

in the 'Draft Guidelines on a Human Rights Approach to Poverty Reduction'

(OHCHR, 2002).

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61

Independent and effective land rights for women have been identified by researchers

and policy makers as vitally important for family welfare, food security, gender

equality, empowernent, economic efficiency and poverty alleviation (Agarwal,

2003). Also unequal ownership and control of land is a critical factor which creates

and maintains differences between women and men in relation to economic well-

being, social status and empowbrment (Ikdahl. et al., ibid). Besides ownership be-

tween men and women, is also vital to understand the size of land each group owns,

the mode of ownership which is used including the occupation of those who own

land within a particular village. It is also of importance to have description infor-

mation on how local land govemance institutions are functioning in the process of

distributing land resource at the village level.

(iv) Land Governance Assessment Framework (LGAF)

The LGAF which had a total of 80 dimensions was formulated by the World Bank to

be used to assess local land governance in a country. The framework was developed

based on the experience drawn from various countries and that it can be used io ur-

sess any country using objective information (Deininger et al.20I2). This study

adopted a Land Governance Indicator number three (LGI.3) which looks on equitlt

and non-discrimination in the decision making process. LGI.3 requires that policies

are formulated through a legitimate decision-making process that draws on inputs

from all concerned; legal framework must be non-discriminatory and institutions

should ensure that property rights to land are equally accessible to all.

It emphasizes assessment to see if:

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62

a) A comprehensive policy exists or can be inferred by the existing legislation.

Land policy decisions that afTect sections of the community are based on con-

sultation with those affected, and their feedback on the resulting policy is

sought and incorporated in the resulting policy;

b) Land policies incorporate equity objectives that are regularly and meaningful-

ly monitored, and their impact on equity issues is compared to that of other

policy instruments;

c) Cost of implementation of land policy is estimated, expected benefits are

identified and compared to cost, and there are sufficient budget, resources,

and institutional capacity tbr irnplementation;

d) Land institutions report on land policy implementation in a regular, meaning-

ful, and comprehensive way, with reports being publicly accessible.

This study strictly dwelt on (ii) by examining the extent to which these equity objec-

tives were achieved during the formalizationprocess in Handeni and Mbozi Districts

rnTanzania. According to Deininger (2003) there is evidence that increased cpntrol

over land and other assets by women could have 'a strong and immediate effect on

the welfare of the next generation and on the level and pace at which human and

physical capital are accumulated'. This framework was useful in this study as it stood

as a tool for examining equity implication in the formalization in property rights to

land in Tanzania.

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63

(v) Convention on the Elimination of All Forms of Discrimination against

Women (CEDAI'Y)

This convention is ratified inTanzania sphere (Ikdahl, et a1.2005). The CEDAW and

the Protocol to the African Charter on Human and Peoples' Rights on the Rights of

Women in Africa (hereafter referred to as 'the African Protocol on the Rights of

Women' apply in both the public and the private sphere) and are embedded within a

principle of non-discrimination against Women ( ibid). CEDAW cuts across market,

state and family land transactions and places a duty on nation's states and interna-

tional development agencies to respect protect and fulfil the right to resources that

are necessary for livelihoods, such as food, water, housing, health and education. It

sets standards that apply to land reform regardless oflegal or tenure form (ibid).

State law and state institutions are not the sole regulatory forces (Moore, 1978). Lo-

cal communities basing on their clans' norms, have the capacity to generate and en-

force their own internal norms in response to changing legal, social and economic

conditions. In practice, the state norms such as land regulations, established land al-

location committees are not concomitants with the traditional norms applicable to

community settings. Many studies which were gender based have raised concerns on

the discriminatory tendencies towards women. The question emanating from the re-

quirement of this convention and which this study has tried to ask and seek an an-

swer for about the extent to which discrimination was eliminated durins formahza-

tion process in Mbozi and Handeni Districts.

As supported by Food and Agriculture Organization of the United Nations (FAO)

(2010) the primary innovations concerning statutory recognition of customary land

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64

rights established by the National Land Policy and the accompanying Village Land

Act (VLA) in Tanzania include:

a) Customarily-held land rights being equal in weight and validity to formally-

granted land rights;

b) Processes for titling, granting and registration of family and communal land

within village are established, with village councils given the power and au-

thority to administer and manage village lands according to customary rules;

c) Women gained equal rights to hold, access and derive benefits from land; im-

portantly, the act sets out that the burden of protecting and enforcing wom-

en's, widows and orphans'land rights falls on the village council

d) Communal areas and pastoralists' land claims are formally recognized and

protected;

e) New village-level land registries were created to formally register customary

land rights.

These concerns raised questions which this study used in examining the extent to

which fotmalization process in Mbozi and Handeni Districts achieved these com-

mitments. Qualitative and quantitative data collected from the study areas helped to

answer these questions' Box 2-1 presents some important questions which one can

ask when analysing equity implications in the land rights formalization.

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65

BOX 2-1: Questions for Assessing Equity in Land Formalization

(i) What is the share of land held de jure and de facto by women under different

forms-individual, joint and in common?

(ii) What share of parcels and of the total area is formally registered?

(iii)Are the institutional responsibilities clear?

(iv)Are the rights of indigenous people or herders appropriately protected?

(v) What is the inequality of the ownership or operational distribution of land?

(vi)How much does each individual hold and how can it be redistributed to the

landless?

Source: Adopted from Deininger, 2003

2.4.3 P r operty an d Business Formalization Pro gramme (PBFP)

PBFP is popularly known in its Kiswahili acronym as MKURABITA which stands

for"Mpango wa Kurasimisha Biashara na Mali za Wanyonge Tanzanic". MKU-

RABITA which was supported by the UN Commission on the Legal Empowerment

of the Poor, its goals and objectives were based upon the work and theories of the

Peruvian economist Hernando de Soto which were to promote a land privatization

agenda, so as to "unlock" the "dead capital" that kept the poor "trapped in the grubby

basement of the pre-capitalist world" (De Soto, 2000).

There is a relationship between PBFP and the NLP as the former was implementing

the fundamental principles of the NLP and her subsequent Village Land Act (VLA)

of 1999.

The fundamental principles of the NLP which PBFP was implementing include en-

suring that the existing rights and longstanding occupation and use of land are clari-

fied and secured by law through titling (formalization). Other principles include en-

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66

suring access to land women; control of land ceiling and citizen participation in land

affairs. Generally, PBFP/MKURABITA operations were guided by the land policy

although the objective of the programme was also to assess the proposed land for-

malization procedure for the purpose of easing the process, what is also known as re-

engineering.

2.5 Theoretical Framework

The theories adopted in this study are those which we found relevant to a holistic so-

cial science research that try to examine equity dimensions in the areas where for-

malization of rural land rights has taken place. This study is guided by the Critical

Third World Feminism Theory (CTWFT) which in essence borrows much from such

theories like equity; institution and property rights. Each of these theories is reviewed

for the purpose of deploying an insight for the way analysis of equity implications

for the formalization of village land rights rnTanzania.

2.5.1 The Critical Third World Feminism Theory (CTWFT)

This theory borrowed many inputs from both liberal and socialist feminism (Koda,

2000). The CTWFT sees men as allies of women historically. Thus, emancipation

becomes highly needed (personal communication with Prof. Shao on 2011212013).

This theory recognizes the contribution of women and men to both the perpetuation

of patriarchy and the development process including differences among and between

women in terms of race, class, religion and ethnicity.

The feminists in the Third World deal with issues of rights to education, rights to be

protected by the law, rights to participate in power sharing and transformation of

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67

structures of power in the domestic and public domains (Ngaiza,2002;Koda,2000).

They are also concerned with'empowerment" as apanacea to the land ownership

inequities among individuals from the household to village levels. The struggles for

land use ownership and gender equity are related to power and processes of empow-

erment (Rwechungura,20ll). Since land represents an important cultural resource or

a productive factor and capital asset, then it is indisputable that those who control

land rights have a certain amount of power over those who do not in rural areas. In

practice, incidence of discrimination occurs against the less powerful social group

hence the recognition of equal rights for women and men is fundamental to any pro-

cess which attempts to rectify imbalances that result from a privileging group over

another (ibid).

In the land rights registration process, there is also institutional complexity which

largely determines land use rights distribution and allocation particularly women's

rights to land. This is expected to be in the form of inclusion of names of a wife or a

husband in case of registering a matrimonial property. As argued by Rwechqngura

(ibid), the institutional complexity in relation to land rights arises from the three

main general mechanisms by which an individual, a household obtains land or say an

individual can obtain land: tltrough inheritance, purchase, state intervention. These

three mechanisms are influenced and regulated by patriarchal ideology, socio-

cultural institutions, the market economy and the state, and while any one set of insti-

tutions may appear dominant within a certain context, it is the dynamics between in-

stitutions and shifting power relations within society that ultimately determine tenure

relations (ibid).

Page 91: Tiba PhD thesis

68

This theory (CTWFT) was supportive in this study as it helped in raising concerns

which helped in finding answers to the following questions:

(D How did the actors in the formalization process consider male and female in

(ii)

allocating land?

Did the formalization process adhere to the requirement of the law on equity

between male and femalb?

What was the relationship between male and female in terms of ownership

rights and protection of married couples?

Was marital status considered during the determination of co-occupancy

type?

(iii)

(iv)

2.5.2The Equity Theory in Relation to Land Rights

This theory emphasises on faimess, justice and rights in the distribution of resources

including procedure used in the process. It does not differ much from the CTWFT.

Various scholars and thinkers such as a George Caspar Homans (1910-89), a United

States Sociologist argued that inequity is felt among (societies or communities.y as

uncomfortable even when it is in an individual's favour. Inequity tends to generate

behaviour aiming at restoring equity, such as altering inputs or outcomes or cogni-

tively distorting them, leaving the field, attempting to distort the other person's per-

ceptions of inputs or .outcomes, or changing the person used as a point of comparison

(Colman, 2006). A good example of the indicator of inequity is the claims by villag-

ers in Kapunga Rice Farm in Mbarali district Tanzanra who have forced the govern-

ment to subdivide the farm and allocate part of it to them as already they have little

land to cultivate. This theory is more on economic equity as was the case with Karl

Page 92: Tiba PhD thesis

69

Marx who ignored the aspects of gender in his analysis as he was concerned with the

production factors. Havinal (2009) points out Adam's Equity theory as illustrated in

Figure 2-l).

Figure 2-1: Adam's Equity Theory

Source: Adopted from Havinal, 2009.

This theory states that people are motivated to maintain fair relationship between

their perfonnance and reward in comparison to others. Under this theory, equity re-

fers to individual's subjective judgements about fairness of the reward he or she gets.

Under this theory equity is defined as the ratio between the individuals job inputs

(such as effort, skill, experience, education and skill) compared to the rewards others

are receiving for similar job inputs. Though this theory is related to labour it is evi-

dent that distribution ofland that considers the household land needs is based on eq-

uitable occupation and household size.

C*atinuati+u atthe sam+ lesei *f

CIutpu€Iquitabiefu++.-acds

tr{+c* thaaEquitabieRrr+ards

Page 93: Tiba PhD thesis

70

In the rural areas, if communities or villagers feel that they are inequitably treated in

the allocation of land for their use, they may be dissatisfied (trespass into protected

areas, others land etc), reduce the quantity and quality of work or leave the sector of

agriculture. Prolonged feelings of inequity may result into strong reactions as has

been the case with land conflicts where people trespass in others farms or in protect-

ed areas such as forests reserves, national parks, wetlands etc. This theory is relevant

as it brings light to the need for actors and institutions responsible for resources dis-

tribution to consider needs of the households and individuals when approving land

claims for registration. Thus, the data about the size of the household, occupation,

number of children and marital status could help in the distribution of the land re-

sources.

This theory is relevant to this study as it raised the following questions that this study

worked on:

(i) Was land distribution patterns considered in the size of the household?

(ii) Are land distribution patterns related to the occupation of users?

(iii) How equitable was participatiorVprocedure during the formali zatronprocess?

2.5.3 Institutional Theory with Respect to Land Rights

Institutions are the constraints that human beings impose on human interaction. They

consist of formal rules (constitutions, statute law, regulations) and informal con-

straints (conventions, norns, and self enforced codes of conduct) and their enforce-

ment characteristics. This theory raises the existence of two views of institutions,

namely, the top down and bottom up view. The top down view is an institution which

is determined by the laws written by the government through statute.

Page 94: Tiba PhD thesis

7 l

These are formal rules which are easier to see and are in this matter the land policies

and land laws (Pia Aberg, 2005). InTanzania, for example, these include the village

councils, the village assemblies, and the district land allocation committee. The vil-

lage and its administration structure were first coined in 1975 under the villagization

programme and had been adopted by the Village Land Act of 1999.

The bottom up view shows institutions as emerging spontaneously from the social

norms, customs, and traditions, beliefs and values of individuals within a community

or clan. These are informal rules widely used within villages since the villages them-

selves own all land within the village (Pia Aberg, 2005). These are like traditional

institutions found in Ghana and the former African chieftaincies which were abol-

ished in Tanzaria.

In the bottom up view, there is an expression of reluctance to make drastic changes

to institutions whose rationale they cannot fully comprehend, showing respect for the

historical evolution that has somehow yielded today's institutions. Thus, the absence

of traditional concerns in the current formal village land administration system in

Tanzania can, in the long run, jeopardize local land governance. Institutions are

governance structures based on rules, norms, values and systems of cultural meaning

(Rwechungura,20Il) so as to administer and manage land resources. Formal and

informal institutions, together with their enforcement characteristics, determine

transactional costs and induce cooperative behaviour (Pia Aberg, 2005). Besides, it

needs to be noted that in sociology, institutions are social structures which are sanc-

tioned by the norns and values of the society (ibid). Therefore, institutional theory is

Page 95: Tiba PhD thesis

72

vital as it helps in the examination of the nature and genesis of institutions, including

effects and their implications. This theory articulates the building blocks of institu-

tions by emphasizing the importance of the institutions in sustaining cooperation,

reducing uncertainty and determining the transaction costs (Rwechungura, ibid).

This theory is relevant to this study because of the questions which it raised and an-

swered under this theory in relation to rural land rights formalization in Tanzania and

equity dimension included:

(i) Which institutions participated in the formalization process and how effective

were they?

(ii) What are the driving forqes for or behind formalization which can result into

equitable rural land rights distribution inTarrania?

Save for the qualities of the said theories, the CTWFT is the main theory used in this

study. Others have been used marginally because of the additional contributions that

they add. CTWFT deals with equity issues such as distributive and procedur-

allparticipatory and it goes further by unpacking the patriarchal system which is em-

bedded in all culture and traditions inherent in Tanzania as Sub Saharan Africa coun-

try. Besides, CTWFT also looks into the genesis of the existing situation, why it is

like that and what can be done to mitigate the situation. Institutional theory was used

in this study to clarify issues of fun.t-ions in the procedure/participation process of

land rights at the geographical or area of jurisdiction which has a role of administer-

ing the village land.

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t )

2.6 The Conceptual Framework

Figure 2-2 presents the conceptual framework which guided this study.

i

Equirahle rural grow'thand poverq- reduction

Figure 2-22 Conceptual Framework for Assessing Equify

Formalization of Rural land Rights

Source: Own Construct, 2009.

lmplication in the

Ileuseheld siz*)iumber ofindividuais,geuder. childrea

ContextEquit5

-Lor:ai teiiefs-Claus. rustorrs.- trrditions.

Pr*ceduraUparticip atoryEquiq.

-tnc:.USr1-tn*ss-abiiitr to aiiocatc ian'l

i r * i r r + i ^ - .- l t lJLI LUtrv!s-

Distributi*n Equiry

-int*genrrational

equitr'-intra-generational

equi4.'

Equitable f*nr:alizaticn ofrural land use rights

Page 97: Tiba PhD thesis

74

The conceptual framework demonstrates how adoption of fairness and justice in the

formahzatron process can make land distribution and access equitable and in turn can

result into equitable growth and reduction of rural poverty. As defined by Miles and

Huberman (1994), a conceptual framework is a visual or written product that "ex-

plains, either graphically or in a narrative form, the main things to be studied-the

key factors, concepts, or variables-and the presumed relationships among them".

The conceptual framework is presented and used as an appropriate way of articulat-

ing and conceptualizing the significance of equity that enhances equitable rural land

rights distribution for growth. It was developed using input from various literature,

theories and strategies for enhancing equitable rural land distribution and access. As

the objective of the study was to evaluate the extent of equity in the formalization

process then data related to these variables were collected through interviews, docu-

mentary reviews.al. The variables were:

(y' Institutions

Institutions relevant to this study were the village councils and village assemblies

which have been collectively referred to as the Village Land Tenure Institutions.

Analysis of local beliefs, customs, traditions and the recognition of existing rights

and longstanding occupation and use of land depend on the strength of these institu-

tions. The institutions roles are related with the coordination of the participation in

the land distribution as earlier discussed under heading 2.2.3 (b) of this thesis.

Page 98: Tiba PhD thesis

75

(ir) Fsrm or Land Size

A farm is a very important phenomenon which calls for the attention of all members

of the family or household in the African mode of production (Rwejuna, 2006). In

rural areas there is an evolving rural reality which focuses on the linkage between

land issues and poverty. Similarly, in Eastern and Southern Africa, cultivated land

per capita has halved over the last generation and, in a number of countries, the aver-

age cultivated area today amounts to less than 0.3 hectares per capita (Jayne et al.

2003). There is evidence that a more equal distribution of land leads subsequently to

faster growth, and rapid growth increases the likelihood that a redistributive land re-

form will help reduce rural and even urban poverty (ibid). Previous reforms in land

sector such as that in China, in the late 1970s and early 1980s, contributed to the

largest and fastest rate of rural poverty reduction in modern times. In parts of Latin

America, Southern and Eastem Africa, and Asia the extremely skewed land

distribution continues to hamper broad based growth and has led to civil unrest, natu-

ral resources degradation and even violent conflicts (ibid).In Tanzania, these have

been happening in several areas such as Ihefu wetlands and the recent killings that

occurred in Manyara Region etc.

(ll1) Household size

According to Rwejuna (2006), a household is a residential group consisting of people

normally related by descent or by marriage, who live in one place, a house or a group

of houses, a "kraal" or "compound" - and share in catering arrangements and the

preparation of food. Also, a household can refer to a person or group of persons who

occupy the same dwelling.

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76

Therefore, a household size refers to the number of individuals having legal rights

and responsibilities living together in one single dwelling structure or a house.

These households consist of individuals whose livelihoods depend on diverse income

sources. Extremely poor and food insecure rural households, resources under com-

mon property regimes (crops, livelihood, natural products and forest resources) con-

tinue to make a decisive contribution to their incomes and diverse livelihood strate-

gies. In rural societies, the landless or near landless and those with insecure tenure

rights typically constitute the poorest and most marginalized and vulnerable groups

(IFAD, 2008). It was relevant for this study to examine relationship between the pat-

terns of farm/land size owned and size of the household which depend on that farm.

According to Deininger (2003), there is a link between distribution of assets and

growth; because the former facilitates channels for land access for rural households

and entrepreneurs and economic and social development. Therefore, consideration of

household size (HS), gender (G), occupations of social groups (oc), land or farm

size (FS), village land use plan(LUP) and their interrelationships in the formalization

process can result into equitable procedure and participation which, when used to

guide formalization, then will have equitable outcomes to all citizens at the village

level.

(iv) Gender

In the context of this study gender include social differences; age, sex, ethnicity, reli-

gion, occupation etc. The gender addressed in this study is limited to the relationship

between men and women in the protection of their land rishts and access.

Page 100: Tiba PhD thesis

77

Both men and women play essential roles in agriculture, but almost everywhere,

women face more severe constraints in accessing productive resources, markets and

services and have fewer opportunities to participate in decision making. This "gender

gap" hinders their productivity, imposes high social and economic costs on develop-

ing countries, slows down development and diminishes the capacity to achieve glob-

al food security. Disparities on land access are one of the major causes for social ine-

qualities in rural areas. Gender differentiated rights to land have implications on rural

food security and nutrition as well as on the wellbeing of rural families and individu-

als.

One of the National Land Policy (1995) principles which became one of the objec-

tives of the VLA was to ensure women land access. According to Manji (1996) the

Tanzania Customary law (Declaration) Order 1963 codifred the rules of intestate

inheritance in patrilineal groups whereby rights of widows and daughters to clan,

family and self-acquired land were safeguarded.In many cases, gender issues are not

considered adequately, thus, the issues of considering gender relations is highly em-

phasized by the government as it ensures equitable ownership by all groups.

(v) Occupution

This refers to the type of daily activity done at the village or rural level. There are

those who are peasants, employed staff, pastoralists etc. As pointed out, even the

2005 Strategic Plan for Implementation of the Land Laws (SPILL)(revised in 2013)

insisted that allocation of land has to consider the occupation of the household or in-

dividual in question. Formalization approach which approves landholdings patterns

of an individual, household head at a village level as claimed to be occupied and

Page 101: Tiba PhD thesis

78

used need also to consider the occupation of the various claimants. Thus, for formali-

zationapproach to have equitable outcome consideration of occupational types is a

prerequisite.

(vil Equity

This entails notion of fairness and justice which is supposed to be exercised by the

actors and institutions involved in the formalization process' This will happen in the

form of distribution of land resources, participation or procedural equity whereby all

beneficiaries get an opportunity to air their views, concerns and perceptions in the

process whose outcome is mainly land resource distribution. It is under this approach

that even the contextual issues are considered in the form of beliefs, culture, etc' Be-

sides, it needs to be noted that recognition, or the cultural dimension ofjustice is also

an important dimension of equitY'

The associated form of injustice can be understood as misrecognition' a relegation to

low or invisible social status, which modern identity and multicultural movements

strive to overcome. Misrecognition is tied to economic inequality and institutional

subordination, e.g., when indigenous people (e.g. Maasai as pastoralists) are not ac-

cepted as "full memberfs] of the moral and political community" formed by the dom-

inant status group. Unrecognition and distributive inequity interfere with genuine

participation in political processes. In Handeni District, for example, the Maasai

were discriminated because of the use of customs hence they were denied rights of

use and occupation although for a number of years' they had settled and used the

land in the area (Ole Kosyando,2007)'

Page 102: Tiba PhD thesis

79

(vit) Lund Use Planning

This is important as it defines land resources utilization within a village. A village

with no legitimate land use plan can find itself in land related disputes. When village

land use plan is in place, it means that all relevant land uses are clarified so that all

social groups within the village can access land according to the approved land uses.

The Land Use Planning Act, 2007 requires that for every village, a land use plan

must be prepared in a participatory manner so as to allow all social groups to partici-

pate and determine the use of their land. It requires participation by all land users and

owners so as to come up with the acceptable land use plan by land users. As argued

by Enermark et al. (2014), it is the firfor-purpose approach that can come up with

equitable land use plan.

Through the use of interviews with beneficiaries and actors in the formalization pro-

cess; documentary review especially the certificates of customary rights of occupan-

cy; the land registers at the villages and district levels the study gathered data associ-

ated with the variables of things which this study worked on.

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80

CHAPTER THREE

RESEARCH METHODOLOGY

3.1 An Overview

This chapter presents the methodology and procedure used in conducting this study.

It is divided into the following sections: Description of the study areas; research de-

sign; sources of data; sampling procedure; target population and units of analysis;

data collection methods and tools; data presentation and analysis; and quality of data.

3.2 Description of Study Areas

This study was conducted in Mbozi and Handeni districts which are in Mbeya and

Tanga Regions respectively. These districts were purposefully selected for this study

because they were the first districts to be used to implement the NLP and the VLA in

2004 for Mbozi and 2006 for Handeni Districts. Besides, these pilots were coordinat-

ed by two separate Government institutions, namely, the Ministry of Lands, Housing

and Human Settlements Development (MLHHSD) for Mbozi and Property and

Business Formalization Programme (PBFP) for Handeni District. The locations of

these districts in the context of Tanzania are shown in Figure 3.1.

3.2.1 Description of Mbozi District

(i) Location

This is one of the districts which form Mbeya Region2. It is located on the Southern

highlands of Tanzani4 between latitude 80 0' 0" and 90 12' 0" south of the Equator

and longitudes 320 7' 30" and 330 2' 0)) East of Greenwich Meridian (URT, 1997;

,,D

t Other districts are Chunya, Ileje, Mbalali, Mbeya, Rungwe, Kyela and Momba

Page 104: Tiba PhD thesis

81

Sanga, 2009). To the South it is bordered by Ileje District, to the East by Mbeya Dis- . .

trict at the mark of Songwe River, to the North it extends to Lake Rukwa where it is

bordered by Chunya District, whereas to the West it shares boarders with Rukwa Re-

gion and the Republic of Zambia (URT, 1997).

Fieldsite Districts in Tanzani*

: ' '-g KaskatritPffiba% frsrarpemga

€ i i. - l J

rE{aztn'ungula:

EltunsuPk€s SaFant

: )1 l - j

t _ ' 1" f :

LuYUma

Figure 3-1: Locations of Mbozi and Handeni Districts rnTanzanra

Source: Adapted from Fairle y,2012,2013 with Author's Amendments

Before 2010, the district had a total areas of 9,679 squa"re kms which is about

967,900 Ha generally classified as arable land (766,640 Ha); Forest Reserves (93,738

Ha); Settlements and Other uses (78,322Ha) and Water Bodies (29200 Ha).

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82

In 2010, the government divided Mbozi District into two Districts of Mbozi and

Momba each with an area of 3,404km2 and 6,275 km2 respectively. This study co-

vers the old Mbozi District before the 2010 split/division. The location and wards of

Mbozi District are shown in Figure 3.2.

Figure 3-22 Mbozi District before split to Form Momba District

Source: Sanga,2009.

(ii) Administrative Framework

Mbozi District (before the split to form Momba District) was officially created as

separate administrative unit in 1964 after the split of the then Mbeya District

(Knight, 1969). Mbozi District has central and local governments. The central gov-

ernment is the District Commissioner's office where there is a District Commissioner

and the District Administrative Secretary (DAS). The local government at the dis-

trict level is headed by a Chairperson (elected Councillor) who is assisted by the Dis-

trict Executive Director (DED). DED is the accounting and executive officer of the

Mbozi DistrictJ \ ,

J/ i

f'-r{J '

_ * +tt (rtanbr !: - ] i' t .^- i

F r k E .

tlrqree

Page 106: Tiba PhD thesis

83

Local Govemment Authority and is assisted by heads of departments. The DED is

the Chairperson to the District Land Allocation Committee (established under the

Land Act No.4 1999), to administer and provide guidance on all matters related to

general and village land administration especially for allocation of land above twenty

hectares. The District is subdivided into 6 divisions, 26 wards and 175 villages. At

the village level, there are two leaders, namely, Village Chairperson and Village Ex-

ecutive Officer (VEO) and two institutions, namely, the Village Council (VC) and

the Village Assembly (VA) which in this study are referred to as village land tenure

institutions (VLTI). The VLTIs manage the village land within their areas ofjurisdic-

tion. They are mandated to receive application for customary rights of occupancy and

approve it for a land whose size does not exceed twenty hectares (URT, 2005).

(iii) Population and Ethnic composition

According to the Tarnania Population and Housing Census of 20l2,the old Mbozi

District(including Momba District and Tunduma Township) had a total population of

740,719 with 354,328 (male) and 386391 (female) and a sex ratib of

9I(NBS&OCGS,2013). Average household size was 4.36 persons. The population

pattern is largely influenced by land fertility and climatic conditions.

Table 3-l shows the population distribution of the current Mbozi District excluding

population data for the new Momba District and Tunduma Township. It sex and

household sizes at the wards levels with the household size standing at 4.3 persons.

Page 107: Tiba PhD thesis

84

Table 3-1: Mbozi District Population By Wards

1 lhanda

2 Bara

3 Nanyala

4 Nambinzo

5 ltaka

6 lsansa

7 Ruanda

8 lyu la

9 Nyi rnbi l i

10 Mlangal i

11 Myovizi

12 lgamba

13 Halungu

14 Msia

15 Mlorvo

16 lpunga

17 lsandula

18 Vwarqa

Total

21,35520,1068,914

25,9512r,8324?",8918,604

30,7U23,90319,53915,73834,&22?7,\5127,36138,0169,367

t4,54956,256

Ward PoPulation Male Female Household size

10,s$8 1L,267 4.1

9,591 10,515 4.5

4,149 4,765 3,9

12,610 13,341 4-7

t0,2ffi 10,768 4.5

2A,4& 72,427 4.4

4,L36 4,468 4'1

14,7{6 16,018 4-2

11,{85 12,418 4'3

9,459 L0,080 4'5

7,591 8,!47 4.3

16,569 18,253 4'3

13,023 14,128 4'3

13,319 14,042 4.3

L7,978 20,038 4

4,401 4,966 4

6,352 7,597 4.2

26,372 29,884 4.7-

213,217 233,L22ffi,1t9

Source: NBS and OCGS 2013.

The District is composed of three ethnic groups, the largest of which is the Wanyiha,

who occupy the central Mbozi Plateau proper (Knight, 1969).Wanyiha gropp ac-

counts for 50% of the total population and is the dominant ethnic group in the high-

land areas, which cover lgamba, Iyula and vwawa divisions (uRT, 1997)'

To the west are located the l4/anamwanga, one of those numerous tribes cut in half

by inter-territorial boundaries in the 1890s (US, 1965). Wanamwanga (these days

called wanyamwanga) which account for 30o/o of the total population are the main

ethnic group in the lowlands areas, which include Kamsamba, Msangano and Nda-

lambo divisions (URT, lggT). Other ethnic groups ate Wawanda, WanyalEusa'

Wandali, lV/alambya, l4/amalila and Wasafwa. Wasukuma and Wamasai groups who

Page 108: Tiba PhD thesis

85

are mainly pastoralists have immigrated into the district. Wawanda are closely relat-

ed to the Wanyiha and also the Wafipa of Sumbawanga District in Rukwa Region

(Knight, 1969).

(iv) S ocio- Eco nomic Activities

Social Activities include primary and secondary schools whereby each village has a

primary school. Also each ward has a secondary schools owned by the government

while others are privately owned. Water availability can serve about 3 1% of the pop-

ulation of the district (URT, 1997). There are health facilities such as hospitals,

health centres and dispensaries mainly provided by the government and the private

sector especially religious organizations. The district has two hospitals, three health

centres and 38 dispensaries (ibid).

Economic activities are in agriculture and livestock sectors which contribute signifi-

cantly to the economy of the population by providing income, employment and en-

suring secure food supply. Agriculture sector (mainly coffee and maize) employs

about 90Yo of the active working population (URT, 1997). Coffee is the major cash

crop grown in an intercropping nature with banana. Livestock keeping is not a tradi-

tional activity although it has of recent become a business. A small number of popu-

lations in townships are engaged in commercial and industrial sectors mainly in

maize mills, brick making, carpentry and tailoring (URT, ibid). Other economic ac*

tivities include fishing, small scale industrial activities, small scale mining- gold,

lime, marble and salt which are produced in small quantities (ibi{.

Page 109: Tiba PhD thesis

86

3.2.2 Description of Handeni District

(i) Location

This is one of the Districts that form Tanga Region. Handeni District (see Appendix

4)is located on the North Eastern side of Tanzania with coordinates -5"26'0" South of

Equator and 38'01'0" East in DMS (Degrees Minutes Seconds) or -5.5 and 38 (in

decimal degrees). Its UTM position is CP89 and its Joint Operation Graphics refer-

ence is SB37-06.To the West it is bordered by Kilindi District which was established

in 2002 when the government subdivided Handeni District. To the north it is bor-

dered by the Korogwe District, to the east by the Pangani District, and to the south

by Bagamoyo District which is in the Pwani Region. It has an area of 6,rl2km2.

(ii) Administrativ e Frumewor k

The district is headed by the District Commissioner for the central government while

for the local government there is Full Council which governs the Council through

three Standing Committees responsible for finance and administration; economic af-

fairs, works, environment and health. District Council is headed by the District

Council Chairperson supported by the District Executive Director (DED) who acts as

a chief executive officer. There are nine departments where one of these is responsi-

ble for lands, natural resources and environment. The district is sub-divided into

Tdivisions, 2Owards and 112 villages (URT, 2008). Each village is further subdivided

into vitongoji (hamlets) resulting into 704 hamlets (ibid).A village is administered by

a village executive officer (VEO) who is a public officer employed by the District

Council.

Page 110: Tiba PhD thesis

87

(iii) Population and Ethnic composition

According to the 2012 Population and Housing Census (PHC), Handeni District had

a population of 276,646, with 137,2|8(male) and 139,428(female). The household

size stands at 5 people while the sex ratio is 98. The population growth in the Dis-

trict has been increasing at the rate of 3. 1 percent per annum because of the influx of

people from Arusha and Kilimairjaro Regions (ibid).

Table 3-2 below presents the population distribution per wards in Handeni District

Table 3-2: Handeni District Population Distribution By Wards

: *:t **$-laaj

l

, Tstal, I $egera

2 l{d.ohva3 Maziagara

. + K*=ssiai:, I K:+=-*aga

. 6 Kralugrrru: -

J EAIIg A?TT

, 8 K*"ankoaje

, 9 Kircc&agaiu }rlrGeri,l

I I Mi*iea, 1l Kiva

: 13 Kabr:ku

, 14 Kwaa.EtukE

i i: Ii:+=.liaie€e

. lS Mgambo, t? K*ab*a6e ,, 18 lv{kata

19 Kabr*u ndam

: l0 Krtangrre

EsrAL TfLLLE Fr,kl-ALE uouss*cl} srSE

3?S,$+€?i .1J51 a 1 t ?

f :.g:+r r,35 t

1 i ,3479=**g

t n ( 7 1

10,-li816 lOf t

l;,:**9,971

::,:::

: I , ; :3{ i i q

t t , : r ;:s.:$:5 r -6 tY1 < i { tt * t r J J L

7 ia i

13?:1811,50511.553

{ - t 6 J

:.g:++=19?\ 1 t j {

4,8,13:"3135.1 t68" 135o- jyJ

+,ggj>.vJs:-:g+3_18Ss.1::?,850

1i,i;:f ? 9 ?

+.*:

139=4?8i 1=9401l_761

s - u l li 5€?

+=15*\ J 1 J

4.:5Si ? i R

l_J t.rg,o):s.9?3

6 ?Rq

:=+r:3,139: , :=€

8.{111*"3:?7,7643.845

J T

5.3{ 4

4.S

5.0

i . l{ " }J . .L

i ?

i t

3.2

+.9+.*4-]{ K

i .+

'1.)

+.6

Source: NBS&OCGS" 2013.

Page 111: Tiba PhD thesis

88

Ethnic composition in Handeni District includes Wazigua and Nguu ethnic groups.

There are also wasukuma and wamasai groups which had moved there with their

heads of cattles. They are pastoralists.

(iv) Socio-Economic Activities

Economic active population engage in agriculture which employ 74 percent of the

labour force. Other economic activities include livestock keeping, professional and

elementary jobs. In 2006, there were 57,627 Ha of land set aside for maize produc-

tions while about 12,048 Ha were set for cassava. This information is relevant to this

study as it presents the significance of equitable distribution and access of the land

resources so as to enable these social groups to benefit from the use ofland in an eq-

uitable manner.

3.3 Research Design

This study was guided by the pragmatist paradigm, a recent development in social

science field whose focus is on the problem and the finding of practical solutions. It

is pluralist in nature and allows the inclusion of any paradigm, assumption and meth-

od and is eminently suitable to mixed method research (Roux and Barry, 2009; Cre-

swell2009). The research design entails decisions regarding what, where, when, how

much, by what means concerning an inquiry or a research study (Kothari, 2004). The

study adopted an exploratory and descriptive research design. The exploratory and

descriptive research design was found to be appropriate because some facts about

land rights formalization were known but more information was needed by the re-

searcher to come up with a viable theoretical framework. Also Sekaran (2003) had

Page 112: Tiba PhD thesis

89

the same view on the relevance of explorative study. This methodology supports the ..

investigation of issues concerning the context, social processes of evaluation and

subjective meanings attributed to these processes by the beneficiaries of the formali-

zatron and other stakeholders. It accommodates the use of multiple sources of evi-

dence which, in turn, allows for the corroboration of evidence from at least three

sources.

The research design adopted in this study is summarised in Figure 3-3. It is apparent

that after the field research in each study area reports for each were prepared fol-

lowed by the cross case conclusion.

Define and Desien Prepare. Collect and Anahze

F - - + i II

Analyze and Conclude

L... . . . . . . . . . , . -- . . . . . . - . . . . - . . . . . . . . . . . . . -)II

Draw CrossCase

conclusion\\'-ritin o' ' _ - _ ' _ _ D

Handeni CaseReport

FieldRe se arch inHandeni

ProblemStatement

\\tritiugN{bozi Case

Report

Figure 3-3: Multiple Case Study Design

Source: Adapted from in Yin (2009) in Gray, 2004 and amended by researcher to fit

the study.

Page 113: Tiba PhD thesis

90

3.4 Data Sources

This study used primary and secondary data whose sources were interviews and dis-

cussions for primary data and documentary reviews for secondar y data.

Primary Data came from in-depth interviews with key informants from village to the

National levels as follows: in each village interview was conducted to 2 key inform-

ants therefore in 9 villages 18 key informants were interviewed; at the district level

we interviewed 4 key informants, hence, the researcher interviewed 8 key informants

in two districts. At the National level interviews were conducted to 3 officials

(Commissioner for Lands, Assistant Commissioner for Rural Lands and an Assistant

Commissioner Legal Services) from the Ministry of Lands, Housing and Human Set-

tlements development. Interviews were also conducted with 2 officials at the Proper-

ty and Business Formalization Programme (PBFP) also as MKURABITA. Five focus

group discussions were conducted with pastoralists in two villages in Handeni Dis-

trict; other discussions were conducted with representatives of Village Councils in all

village cases. At the District level, the research captured responses from the District

Commissioners of both districts; Mbozi and Handeni Districts Councils' officials,

namely, the District Land Officers (who are registrars of Certificates of Customary

rights of occupancy); land surveyors, GIS Pioneers (those who are using hand held

global positioning system(GPS) to take boundaries of farms in villages. The sources

of secondary data y,rere the Certificates of Customary Rights of Occupancy

(CCROs), village and district land registers and the formalization progress reports,

and the systematic and sporadic adjudication reports.

The major areas for investigations included: biological information; information on

the farm size registered as owned under formalizatron; occupation; means of land

Page 114: Tiba PhD thesis

9 l

access; marital status; household size; perception on the ability of village councils to

administer and allocate village land and the participation process in the formalization

process.

3.5 Sampling Procedures

3.5.1 Selection of Study Districts

Purposeful sampling was used to select two districts from the list of all districts

where formahzation process had started inTanzania. By 2009 when this study start-

ed, about nine districts were at different stages of formalization process and plans

were underway for various districts. Of these, only Mbozi and Handeni Districts

were purposefully selected as appropriate districts where it could be possible to learn

from example because of being rich in information about the implementation of the

VLA under the close supervision of the MLHHSD. Handeni Case was the first pilot

to be coordinated by the Property and Business Formalization Programme (PBFP)

popularly in its Kiswahili acronym Mpango wa Kurasimisha Mali na Biashara za

Wanyonge Tanzania MKURABITA). These two pilots districts being coordinated

by two separate govemment institutions, namely; the MLHHSD in collaboration with

Mbozi District Council for Mbozi District in2004) and by MKURABITA in collabo-

ration with Handeni District Council for Handeni District in 2006) they were rich in

information about approaches and consequences especially in the context of equity

fiustice and faimess), participation and access by gender in the formahzatron process.

Therefore, this study found these case studies as appropriate in evaluating how they

fared in the formalization process particularly in the context of promoting equitable

distribution of/ and access to villase land.

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92

The formalization programme in Handeni Case study was in line with the proposal

made by the Peruvian economist Hernando De Soto and his Institute for Liberty and

Democracy (ILD).The formalization strategy in Tanzania was in line with PRSp of

2000 which had borrowed much of concerns about rural poverty from the World

Bank PPA of 1995 and the tINDp ppA of 19973,

Therefore, this study found these case studies as appropriate in evaluating how they

fared in the formalization process particularly in the context of promoting equitable

distribution of/ and access to village land.

3.5.2 Selection of Village Cases

The study used the systematic simple random sampling to select villages to form a

sample. This technique was adopted because each village had equal chance to be se-

lected to form a sample. In Mbozi District, the researcher was provided with a Dis-

trict Land Register from which a list of 152 villages was retrieved to get village pop-

ulation. The researcher found that 5 percent was an appropriate sample; therefore by

systematic sampling technique eight villages were selected to form village srimple.

Every 19th village in the list was selected to from the sample. Since every village

had equal chance to form a sample, therefore, the researcher randomly selected Msia

village (5tn in the list) as the first village, then selected every 19th village until when

the sample was complete. Table 3-3 below shows sample villages from Mbozi Dis-

' The World Bank and the United Nations Development Programme conducted par-ticipatory Poverty Assessment in 1995 and 1997 respectively.

Page 116: Tiba PhD thesis

able ase vil Sites in Mbozi DistrictCVL Date of

ResistrationVillageName

Area(Ha) Ward Number ofCCROs

5N{BZ 28104/2004 Msia 2729 Msia 200(103)24|NIBZ 28/0U2005 Ikana 45t9 Ndalambo 91(23)43IMBZ 02/05t2005 Namchinsa 6881 Kapele 2s(2r)62IMBZ 0210512005 Ivendwe t t620 Kapele 64(4r)SIIN[BZ 28t07t2005 lvula 4123 Iyula 183IOOINIBZ 28t07t200s Sakamwela 3282 Ihanda 207(r91\II9/M.B.Z 18/08/2005 Nkangamo 7355 Nkansamo e6(86)

866(507)

93

3-3 C

Source: Compilation from Fieldwork 2012.

Note: Villages of Ikana, Namchinga and Iyendwe are now in Momba District.

In Handeni District, the researcher used simple random sampling to select two vil-

lages from a list of seven villages ( Bongi, Kwamkono, Kweisasu, Mbuyuni, Mzeri,

Nkale and Sindeni(see Appendix 7). The researcher intuitively saw a sample of 30

percent of 7 villages resulting into a sample interval of 3 villages. By dividing popu-

lation to a sample, the researcher got an interval of 3. Thus, from the alphabetical list

of seven villages, the researcher randomly selected Bongi village as the first sample

and then by counted three intervals the second village to form a sample was Mbuyuni

village. Thus, by use of l-in-3 systematic sampling we selected Bongi and Mbuyuni

as samples in Handeni District.

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94

3.5.3 Sampling of Respondents

Table 3-4 below presents the sample of the respondents from each sample village

resulting into 33.7o/o of the population.

Table 3-4 Sample of Respondents from Case Studies of Mbozi and Handeni

Simple random sampling was used to select respondents. Sampling frames for this

study were the list of formalized lands as extracted from the registers of the Certifi-

cates of Customary Rights of Occupancy.

Based on the extent of precision that this study wanted to achieve, a sample of 30

respondents was considered as reasonable sample size for data collection and statisti-

cal analysis usually used in social science study. For each Case studies the sampling

procedures are described in paragraph i and ii below:

(i) Sampling of Respondents in Mbozi Case Study

According to the implementation report which was provided by Mbozi District

Council (MDC) up to 2012, there were 17670 Certificates of Customary Rights of

Case Study District Villagecase site

Population ofrespondents

Sample(N) t

Mbozi (N:262) Ikana a az ) 7 30.4Iyendwe 4 l 13 31.7Iyula 183 75 40.9Msia 200 44 16.8Namchinka 21 8 22Nkansamo 86 J ) 40.7Sakamwela 191 80 4t.9

Handeni CN:42) Bonsi 92 t9 20.7Mbuyuni 64 ^ a

Z J 3s.9TOTAL STUDY AREAS 901 304 a 1 n

) ) . 1

Source: Survey Data, 2012

Page 118: Tiba PhD thesis

95

Occupancy (CCROs) issued to beneficiaries in 152 villages. The 7 sampled villages

had a total of 745 CCROs. Therefore, by simple random sampling 262 respondents

were selected to form a sample which was equivalentto 35o/o.

According to Matata. et al., (2001), having a sample ranging from 80 to 120 re-

spondents is adequate for a social-economic study in sub-Saharan African house-

holds. Thus, we took 35 percent of 745 from Mbozi Case Study which gave us 262

respondents (Table 3.4 above). Where a sampled respondent was absent, the next re-

spondent in the list from the sample was taken as a reserve.

(i, Sampling of Respondents in Handeni Case study

The researcher used l-in-3 systematic random sampling to get respondents from the

already sampled villages of Bongi and Mbuyuni Villages each with 92 and 64

CCROs respectively. Since we wanted a representation of at least 30 respondents,

this means that 30 percent of 92 tn Bongi village gave us 28 while for Mbuyuni Vil-

lage it gave 19 respondents. Every 4th respondent was selected as a reserve. The re-

searcher interviewed 19 respondents in Bongi Village.

3.5.4 Sampling for Participants for Focus Group Discussions (FGDs)

Sampling of participants for FGDs was based on their roles and nature of their social

status in the formalization process from the village and district levels. At the Village

level participants were members of the Village Councils (ranging from 5 tol5)who

were actors in the formalization process. In the Handeni Case, as cases of land rights

conflicts between pastoralists and peasants had been reported during the formaliza-

Page 119: Tiba PhD thesis

96

tion process (Ole Kosyando, 2007; PBFP, 2007),the researcher purposively orga-

nized a discussion with 5 representatives of the pastoralists.

At both District levels, there were discussions with a group of five offrcials repre-

senting sectors pertinent to the formalization process (land use planner, land survey-

or, cartographer, land officer and adjudication offrcer) to present their views on equi-

ty aspects in formalization process. In Mbozi District there were three women in the

FGDs (Assistant land officer and 2 adjudication officer) while in Handeni District

there was one woman who works as Assistant Land Officer.

3.6 Unit of Analysis

A unit of analysis is the one from which information is obtained (Kajembe, 1994).

Beneficiary of formalization were assigned as main unit of analysis based on the

main reason that implications of equity in the formalized land rights could be easily

captured and differentiated at this level. As Gray (2004) argues, orgarization might

be the main unit of analysis. Thus, beneficiaries to which land rights claimed were

approved and issued with the CCROs are regarded in this study as units of analysis.

The researcher chose beneficiaries because they were the citizens and thus appropri-

ate in capturing first hand information on village land rights formalization which in

essence, involves evaluating the extent of the promotion of equitable distribution of

and access to land during the formalizationprocess.

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97

3.7 Data Collection Methods and Tools

Two types of data; namely, primary and secondary which were qualitative and quan-

titative were collected in this study as presented under sections 3.7 .I and 3.7 .2 be-

low. In terms of data collection, the case study method required the use of multiple

sources of evidence which included structured, semi structured or opens ended inter-

views, focus group discussions, field observations and document analysis. Mixed

methods of data collection were used because of the types of respondents and their

environmental settings, for example, beneficiaries being in rural environment it was

appropriate to use structured questionnaires which the researchers administered.

3.7.1 Primary Data

The researcher used structured, semi-structured open ended interviews and focus

group discussions to collect data. The types of questions used were closed ended

with coded answers which simplihed data collection. There was a discussion for each

case followed by a cross case conclusion so as to establish patterns and variations

emerging from individual cases and their implications to theory and policies issues

and as a basis for working out recommendations and conclusions. The study used

multipurpose questionnaires with questions as shown in Appendix 1.

The researcher administered the questionnaire to the beneficiaries of formalization in

their homestead and the Village Council Office or where the respondent was found.

It needs to be noted that some villages are quite big(with more than four hamlets

scattered) to the extent that the researchers had to travel as far as 2 km from some

village headquarters to arrive to the respondents' homestead. The researcher and his

Page 121: Tiba PhD thesis

98

assistants were led by Village Chairpersons and Village Executive Offrcers (VEO),

who identified the selected respondents and then called one after the other until the

sample was complete. Therefore, the questionnaire enabled collection of data on

household characteristics, land size, perception on the formalization process and how

they played a role in the distribution of and access to land. When the researcher was

unable to find the beneficiary physically, research assistants assisted by providing

mobile phone for the missing respondents (these were those who were not rural resi-

dents) as many of them were known to the research assistants. However, when this

strategy failed, the researcher replaced the missing respondent with the next person

from the sample list. By administering questionnaire at the office the researcher

thought also that, that was a means of verifying some of the information that we had

obtained from different other sources. At times, different sources give different kinds

of information about the same aspect (Shao, 1995).

On the other hand, the researcher used checklist while conducting the FGDs so as to

get complementary data from those provided in the beneficiaries' questionnaire ad-

ministration. In each village we organized one discussion with the members of the

Village Councils (statutorily, it is gender sensitive) to provide information on their

perception regarding the roles they played in the formalization process in the context

of promoting equitable distribution of and access to land in their villages.The FGDs

were held at the villase offices.

Moreover, the researcher held informal discussions with key informants to validate

the data provided by the respondents. Key informants in this study were at three lev-

Page 122: Tiba PhD thesis

99

els from the village to the Nation. In summary they are presented in Table 3-5 be-

low.

The researcher was able to observe some of the formaltzation processes such as

boundaries adjudication, preparation of farm plans and certificates of customary

rights of occupancy, delivery process of CCROs to beneficiaries and the way adjudi-

cated parcels are approved at the village level. We took photos.

3.7.2 Secondary Data

Secondary data were. collected to gain insights on global, regional, national and local

status on state of rural land distribution and access situation including implementa-

tion of land policies on the promotion of equitable distribution of lands, factors af-

fecting equitable distribution and the roles played by government institutions in han-

dling the issue of skewed distribution of land.

able 3-5: Summarv o nlbrmantsS/N Level Kev Informants

Village Village Chairpersons, Village Executive Officers,Members of the Villase Councils.

2. Districts District Commissioners; District Executive Direc-

tors, District Land Officer or Registrar of Customary

Rights of Occupancy, Land Surveyors, Cartogra-phers, Land Use planners in Handeni and Mbozi

District Councils.

3. National Commissioner for Lands, Assistant Commissioner

for Rural Lands in the Ministry of Lands, Housing

and Human Settlements Development(MLHHSD);

Director of Property and Business Formalizatron at

Property and Business Formalizatron Programme or

MKURABITA.

Source: Own Construct, 2012

Page 123: Tiba PhD thesis

100

Secondary data accessed from documentations provided theoretical and secondary

data from the village and districts land registries; prior research reports, project re-

ports; journals and libraries searches from the Africana Section of the Central Li-

brary of the University of Dar es Salaam (UDSM), Documentation Centre of the In-

stitute of Development Studies (IDS) at UDSM; National Bureau of Statistics, Ardhi

University and also from various Internet sources. We also examined policies, legis-

lations and regulations, government archives, newspapers; Regional and District So-

cial Economic Profile for Mbeya and Tanga Regions and the Mbozi and Handeni,

reports on formalization implementation for both Handeni and Mbozi District Coun-

cils Offices. Also, we got implementation reports from MKURABITA, participation

reports from Tanzania Pastoralists, Hunters and Gatherers Organization (TAPHGO)

and the Legal and Human Rights Centre (LHRC).

3.7.3 Ethical and Logistical Issues

Ethically, a research cannot be conducted without a clearance from the authprity;

therefore, the Vice Chancellor of the University of Dar es Salaam issued Research

Clearance Letters which were addressed to resions where the researcher conducted

the study, Appendix 3 shows one of the letters.

In turn, the respective RASs also wrote research clearance letters which the re-

searcher submitted to the District Administrative Secretaries (DAS) of Mbozi and

Handeni Districts. Also, each DAS, after being briefed on the wards and villages

where the research team aimed to visit, prepared research clearance letters introduc-

ing the researchers to the District Executive Directors (DEDs), the Division Officers

Page 124: Tiba PhD thesis

101

(DO), the Wards Executive Officers(WEO) and the Village Executive Offic-

ers(VEO) of the sample villages. In turn, the VEO and the Village Chairpersons as-

sisted in identifying the sampled respondents, what is also known as snowballing.

Logistical issues included collaboration with the District Land Officials to identify

and engage research assistants. The researcher was fortunate in selecting research

assistants because at the Mbozi District Land Office there were a team of about sev-

en Form 4 and 6 leavers who had been working there as CCROs processors or as

Fairley (2012) called them GIS Pioneers. The researcher with the assistance of the

District Land Officer who had just been appointed District Commissioner selected

five assistants (2 female and 3 male) then they were trained on the purpose of the

study and the kind of data that the researcher wanted to collect. The researcher con-

ducted field research for three months in Mbozi District where initial two weeks

were spent by organrzing field study logistics, field site information and site selec-

tions.

In the Handeni case study, likewise, the researcher used the same approach #hereby

two Bachelor of Science students in Land Management and Valuation from Ardhi

University who at the time had gone to Handeni District for practical training were

selected. In Handeni case study we spent one month. Like their colleagues in Mbozi

case study, these assistants were trained on the objectives of the study and on how to

administer questionnaires and interview.

In both case study districts, a pair of research assistants was assigned a village. The

researcher used his vehicle to dispatch research assistants whereby after introducing

Page 125: Tiba PhD thesis

r02

them to the Village Leaders they continued with the mission. In many cases, the re-

searcher remained in the village for three hours to ensure that the exercise was

smoothly going on, and then he moved to another village. Also, by working closely

with the Village Leaders the exercise became easy enough to get the intended re-

spondents as they knew their homes and hamlets.

Finally, in-depth interviews were held with key informants at the Ministry of Lands,

Housing and Human Settlements development (MLHHSD) and the Programme Im-

plementation Unit of MKURABITA in Dar es Salaam on how they coordinated the

formalizrtion programme including their policy concerns on the promotion of equi-

table distribution of and access of land to rural citizens in Tanzania.

The study required data on the farm size owned; sex/gender; household size; mode of

owning the land; marital status of the beneficiary; education level; number of chil-

dren; means of land acquisition; participation and perception on village institution to

allocate land. We allowed respondents to respond to questions spontaneously and

freely in Kinyamwanga and, Kinyiha, Kizigua and research assistants, majority'beitrg

Nyia and Nyamwanga, except one, helped where necessary to interpret.

The structured interviews were carried out with the help of research assistants (6 in

Mbozi and 3 in Handeni case studies) who the researcher had earlier engaged in in-

duction training on the objectives of the study and the types of data that we needed.

It needs to be noted as once said by Koda (2000) that empirical data provided by re-

spondents are useful in linking theory to experience and policy issues, hence, the re-

spondents' direct experience of everyday life becomes a primary source of

knowleds.e.

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103

3.8 Data Presentation and Analysis

3.8.1 Data Entry and Cleaning

All questions from the questionnaires were entered into a datamatrix which was de-

veloped by use of the IBM-Srarrsfical Packages for Social Scientists (SPSS.20) soft-

ware in a variable view (see data view of the matrix in Appendix 5). Data collected

through the fieldwork using structured interviews were in a coded form then were

cleaned and entered into a data matrix was done. Categorical data analysis was

adopted because background characteristics and the observed outcomes were meas-

ured categorically. After entering the data in the data matrix they were sequentially

checked to determine if they were corresponding to the data in the questionnaires.

Data from FGDs and key informants interviews were transcribed, sorted, and la-

belled in order to make decisions about meanings as it stands or in the context of in-

terviews, relevance and importance.

3.8.2 Data Analysis

Both qualitative and quantitative data were analyzed with the support of the SPSS.

The analysis involved univariate, bivariate and multivariate analysis that included

cross-tabulations. Non-parametric methods were used to test the strength of depend-

ent and independent variables. The Non-parametric test was used in this study (socio-

logical research) because the statistical tests are distributional- free, hence they are

more easily to understand than parametric tests.

One of the non-parametric tests which were used is Chi-Square test(x2) of independ-

ence and Goodness of Fit. The chi-square test was used to determine if there were

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t04

significant differences between the two groups of respondents mainly male and fe-

male; mode of ownership and marital status; household size and land size owned.

Ituses the formuluP :>Q-E)2 / E where O stands for Observed frequencies, E

stands for Expected frequencies.

E can be calculated from a formula:

E : (R*C)/ N where R stands for row's total of the respective cell; C

stands for the column's total of the respective cell; while N stands for the total num-

ber of observations.

* va\ue range from 0 to infinity and where x2 is zero it means the observed and ex-

pected frequencies completely coincide. The greater the discrepancy between the O

and E frequencies, the greater shall be the value of *.

Cross-tabulations of study variables were run to summarise data on beneficiaries and

their household characteristics, relationships between variables of interests to gener-

ate descriptive statistics. Analysis was done depending on the specific objectivps of

the study as presented below:

(i) Data Analysis to Determine Equitable Distribution of Land

The researcher analyzed data to determine if formalization process had distributed

land in an equitable manner by conducting assessment of the following:

The researcher assessed intra-generational equity by examining relationships be-

tween male and female (sex), farm size and occupational (peasants and pastoralists);

household size and land size owned. Also. the researcher examined if there were

Page 128: Tiba PhD thesis

105

consideration of marital status during the determination of mode of ownership (co-

occupancy).

The researcher also examined intergenerational equity through testing the relation-

ship between children in the household and size of farms; the researcher also exam-

ined the relationship between household size and farm size; and the existence of and

enforcement of the land use planning.

The researcher used the contingency analysls also known as cro^ss tabulation tech-

nique in the IBM-Statistical Package for Social Scientists (SPSS.20) to make these

analyses. According to Babbie (2011), this technique is applied to variables of any

level of measurement such as nominal. scale or ordinal.

Depending on.the 2- way design of the table, the researcher was able to make the in-

tended analysis of relationship. For a table with a design of 2x2, we used significance

value Qthi value) to determine relationships. Where the 2-way table format was of

3x3, the contingent coefficient was used to determine the degree of relationship. For

variables with attributes resulting into unequal format such a 3x5 or otherwise, the

test of Cramer's Zwas used in the analysis. For example, for assessing the relation-

ship between mode of ownership (4 attributes) and marital status (4 attributes), the

researcher used the goodness of the fit Chi Square Test (X2) and, the Cramer's V sta-

tistic.

Page 129: Tiba PhD thesis

106

(iD Data Analysis to Determine Factors Affecting Equitable Access to Land in the

Formalization Process

The researcher used qualitative data which we had collected in which questions re-

lated to what was perceived as factors hindering equity in the land distribution, were

answered. There were responses from varied Sources of data with views' concerns

and perceptions on the factors related to these issues. The use of qualitative data re-

lies on the types and source of data to be collected, participants involved and the pro-

cedures used in the interpretation ofdata'

The researcher used qualitative content analysis which assists in establishing values

and attitudes of respondents hence generating themes and tendencies (Kajembe and

Luoga, 1996). By this method the researcher knew different opinions of respondents

on issues such as gender and land access; the degree of equity, faimess' justice and

wlnerability handling in the formalization; capacity of village land institutions in

handling land access and participation of community members in village land man-

agement. The researcher ran analysis with the use of data from the matrix we hhd de-

veloped in (IBM-SPSS 20 software) to analyze and rank factors as collected during

the data collection phase. The researcher was able to get the factors which were

raised by the respondents, key informants and in the focus group discussions'

(iii) Data Analys.is to Investigate the Extent of Participation in the Formulization

Process

The researcher used qualitative content analysis to determine the extent of participa-

tory equity in the formalization process' The researcher used data from the matrix to

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t07

analyze the perceptions; views of the respondents (304) on how they participated in

the formalization to facilitate equitable distribution of and access to land. The re-

searcher also coded the concerns, perceptions and views collected from consultations

with key informants and focus group discussions on their participation during the

formalization process with focus on equitable distribution of land and access to land.

The qualitative content analysis was instrumental in this analysis.

(iv) Cross Case Analysis Between Handeni and Mbozi Districts

The researcher ran a non-parqmetric tests and Chi-square to determine the perfor-

mance of the two districts in terms of promoting equitable distribution of and access

to land during the formalization of rural land rights. This approach was used by

Shwatz (2011) in assessing performance of attendance between different Business

stores. This was useful in informing statistically if there were differences between the

two organizations in terms of promoting equitable distribution of and access to land

to the villagers. The researcher also related legal and policy requirements on equity

and the empirical information as collected from the fieldwork.

3.9Data Quatity

Data quality entails data validity and reliability. Validity and reliability are closely

related terms. Maxwell (1996) defines validity as the correctness or credibility of a

description, explanation, interpretation, account or conclusion.

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108

3.9.1Validity

It refers to the extent to which the concept one wishes to measure is actually being

measured by a particular scale or index; that is, the extent to which an account accu-

rately represents the social phenomena to which it refers. To ensure validity of meas-

ures, the data were gathered from various categories of respondents to ensure ade-

quate representation of diversitybf the social groups.

Collected data were cross-checked and triangulated by asking same questions to dif-

ferent respondents. Also there were debriefing sessions with research assistants so as

to share impressions of the interviews and observations.

3.9.2 Reliability

It refers to the consistency with which repeated measures produces the same results

across time and across observers. To ensure this, the study used questionnaires, in-

terviews and observations. The researcher also established a case study protocol and

developed a case study database in which all study steps, sources of data and infor-

mation including documents reviewed, names of persons and institutions interviewed

and dates were kept. Triangulation is typically a strategy (test) for improving the va-

lidity and reliability or evaluation of findings (Golafshani,2003). To ensure internal

reliability the researchers ensured intemal consistency by asking similar questions on

the same factor to different people.

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109

CHAPTER FOUR : RESULTS AND DISCUSSION

4.1 Introduction

This chapter presents results and discussion of the data which were collected during

the field work. The results which are presented in this chapter are in line with the ob-

jectives of this study. In this chapter the researcher has combined results and discus-

sion because it is fruitful to discuss the results as they are presented rather than put-

ting them into separate chapters or sections. At the end of the chapter in section

4.2.5, a cross case analysis summary of the performance of the case study in the con-

text of promoting equitable distribution of and access to land is, albeit, briefly pre-

sented.

4.2 Results and Discussions

4.2.1 Objective I

To explore and examine the level of equitable distribution of and access to land

among social groups at the household and village levels

Results of the analysis of the relationships or differences between land size disiribu-

tion and household size ofthe respondents; gender ofrespondents and the land they

own; and the mode of ownership and marital status are presented below. Distributive

equity and procedurallparticipatory equity were the basis of assessing equity in this

study. Results are presgnted below:

(i) Assessing Relationship Between Owned Formalized Farm Size and the Sizes of

the Households of Owners

Results of Farm Size Distribution

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110

In the rural setting, the size of land owned bv a household matters most as house- ..

holds in these areas depend on land as the main sources of livelihood. On farm activ-

ities are greater than nonfarm activities in many rural settings.

Results in Table 4.1 show the farm size distribution patterns in both study areas. It

further shows that in Mbozi District, 197 beneficiaries (75.2%) owned land with are-

as ranging between 0.25 acres to 10 acres. In Handeni District, results show that a

majority of all beneficiaries, that is, 18 respondents (3%) owned land with area

ranging between 20-50 acres.

Source : F ield D ata. 20 12

Results from Table 4.2 show the land ownership distribution patterns in the two case

studies. It shows minimum. maximum. mean of land sizes owned by beneficiaries.

Table 4-2: Results of the Farm Size Distribution Patterns

District Q{) Min Max Mean Std. Devia-tion

Mbozi(N:262) 0.25 300.00 14.3937 28.95217

Handeni(N:42) 3.r3 102.40 35.2869 27.54497Source: Field Data. 2012.

Table 4-1: Land Size Distribution in the Studv Areas

Mbozi District(N=262) Handeni District N=42

Area in Acres Frequency % Frequency %0.25 - 10 t97 75.2 6 14.4

11 - 20 18 6.9 6 t4.42t - 30 0 0 a

J 7.23 l - 50 .0 27 10.3 l8 43.251 - 300 20 7.6 9 2r.6

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111

Results in the Table 4-2 further show that in Mbozi District beneficiaries own small-

est land size 0.25 acres when compared with Handeni District where the smallest

land had size of 3.13 acres. This result implies that owners in the Handeni Case

Study have bigger land than those in Mbozi Case Study. The deviations from the

means (standard deviations) were 28.95 and 27 .5 acres for Mbozi and Handeni Case

Studies respectively which means that the mean size of land owned by individuals in

both study areas are far away from the mean. Furthermore, in Mbozi Case, there is

acquisition of bigger land than in Handeni case. This means that those owners in

Mbozi District have bigger land than in Handeni District. In Handeni results show

that the average (mean) rural farm size is 35.3 acres while the standard deviation is

27.5 acres.

Household size

Data in Table 4-3 presents the

land ri shts formalization.

of the households of the beneficiaries of ruralS1ZES

Table 4-3: Household Size Patterns of the Beneficiaries of Formalization

Number of person perhousehold

Mbozi (N:252) Handeni (N=42)

Frequency % Frequency %1-3 t7 6.84-5 50 19 .8 8 19.06-9 95 J t . t t4 a a a

J J . J

10-15 83 32.9 I7 40.5More than 15 2.8 a

J 7.1Total 252 100.0 42 100.0

Source: Survey Data, 2012

Results in Table 4-3 show that 228 beneficiarie s 90.5Yo had persons ranging between

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t12

4 to 15 persons in Mbozi while in the Handeni Case the number under this category

was 39 beneficiaries 92.9Yo. This result is graphically presented in Figure 4-1 be-

cause of the fact that graphs and photos speak easier than numbers. This result is use-

ful in this study as it was later used to analyze the relationship between owned farm

size and the household size of owners.

r Mbozi

r HandeniN,'

45o ^ -b0 J )+ . t<E L J

glso {

-5. q ' r 5 r5b" 1s" .^dl''

^ $ '

\tto*'

Household size

Figure 4-1 Household Size Patterns of the Beneficiaries

Source: Survey Data, 2012.

Results in Table 4.4 show relationships between land and household sizes

4-4Land, Size 0w Householdable 4-4Ltn YZe ned Persons ouHousehold size

TotalFarm srze Frequencies 1-3 4-5 6-9 1 0 - 1 5 > 1 5

l-50 Count 1 6 trn 106 87 7 zoo

Expected Count 15.3 52.1 97.€ 89.8 9.0 264.0% within Household size 94.1o/o 86.2% 97.2% 87.0% 70.0% 89.8%

51-300 Count 1 8 3 1 3 3 28Expected Count 1 . 7 A O 11 .1 10.2 1 . 0 28.0

% within Household size 5.9% 13.8o/o 2.8% 13.0% 30.0% 10.2%Count 1 a 58 10€ 100 1 0 294

Source: Field data, 2012

In terms of observed and expected frequencies results show that in each category of

farm size (0-50 acres) under the column of household size (1-3), 16 is the observed

Page 136: Tiba PhD thesis

113

frequency while 15.3 is the expected frequency. This result means that there was no

relationship between farm size distribution and the number of persons in the house-

hold. Results fuither show that about 273 beneficiaries of formalization which is

89.8% own land between 0 to 50 acres. During the field work in Iyendwe and Ikana

Villages it was learnt that some individuals who got land through buying or alloca-

tion owned land with sizes above 50 acres. It is also presented that all households

from the smallest to the largest are under owners with land of sizes of up to 50 acres.

Results in Table 4.5 show the Cramer's V statistic value of 0.238 or 0.24 Q4%)

while contingency cofficient indicates 0.23I.

Table 4-5: Svmmetric M fF Size nd Hou hold Size

a. Not assuming the null hypothesis.

b. Using the asymptotic standard error assuming the null hypothesis

c. Based on normal approximation.

Source: Field Data, 2012

The rule requires that, if the 2-ways table design is of 2x3 or 2x6, thenthe Cramer's

V can be used to make analysis. The statistical values of 0.238 and0.231 are both

greater than 0.05 (p >0.05) implying that there is no significant association between

the sizes of farms that beneficiaries own in relation to the sizes of their households.

m casures or rarm a se

Value Asymp. Std. Error"Approx. ToApprox.

sis.Nominal by Nominal Phi

Cramer's V

Contingency Coefficient

nterval by Interval Pearson's R

f,rdinal by Ordinal Spearman Correlation

\ of Valid Cases

.238

.238

.231

.'1 39

. 1 1 1

304

.07e

.067

2.447

1.949

.004

.004

.004

.015 '

.052'

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n4

Generally, the relationships presented by these results are not strong because from

the score of 0 to 1 which is the bend of measurement of strength, there is 24Yo which

is a strong relationship. This result implies that in all study areas the sizes of farms or

land owned by the beneficiary are smaller than the number of people or individuals

within those households. As proposed in the NLP principles which are the objectives

of the VLA it was expected that formalization process would have addressed this in-

equalities in ownerships. This implies that the formalization process did not consider

the issue of land inequality which in turn has effect on the social polarization. Social

polarization which can be analysed through inequality of land holdings is detrimental

to the likelihood of extreme policy deviations as property rights to land become inse-

cure hence affecting growth.

The quantitative results presented in Table 4.4 and Table 4.5 above are comple-

mented by the results from interviews and focus group discussions with key inform-

ants and some respondents that formalization concentrated on the land claims as

submitted by the rights holders. There was no consideration and assessment o{ land

needs at the individual and household levels hence the earlier observed inequalities

in land ownerships remained intact. This implies further that the intentions of nation-

al policies and strategies to promote equity in land distribution and access were not

achieved.

Figure 4.2 is the graphical presentation of the relationship of the size of land rights

owned by individuals against the size of their households.

Page 138: Tiba PhD thesis

l l 5

Far6.r1"* diskibufion and hourehokl rires

l l s .&dr i<

I t . rl+-sDe.sI ro-rsEmorcthan tSluE

H

t]

ro

fr

z

0-5it 5l-380

Larrd size orrmed by personr

Figure 4-2: Relationship Between Farm Size and Household Sizes Distribution

Source: Field work, 2012

From Figure 4-2 it is apparent that the majority of beneficiaries of formalization

have farms or land size ranging from 0 to 50 acres and that only a few individuals

own land ranging between the sizes of 51 to 300 acres. From the results presented

above, our assumption that there was no consideration of household size during the

formalization process in both case studies is accepted. Consideration of household

size was important as it could provide the Government with the land size need for

distribution to the household members.

These results imply further that the certification process was inequitable in terms of

intra-generational equity as there was no consideration of the required land by

households. This is in agreement with the admission made during the interview with

one key informant at the Ministry of Lands, Housing and Human Settlements Devel-

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II6

opment (MLHHSD) who said the MLHHSD had not discussed with the Ministry of

Agriculture on the issue of appropriate farm size needed for sustainable livelihood

strategy at the household level. The Government had proposed, in the National Land

Policy and Village Land Act that the Ministers responsible for Lands and Agriculture

would have to sit together and determine a farm size appropriate for moderate house-

hold size. It can be also concluded that the strength of relationship is a result of the

means of land access which is mainly inheritance. Fairley (2013) saw this as a result

of the control of land access by village authorities but in practice these authorities do

not control but rather certify land deals between buyers and sellers. The occurrences

of the strength of Village Assemblies is observed in cases where commonly used

lands such as the pasture or grazing land are alienated to investors or forcefully oc-

cupied and used by groups such as pastoralists(Loliondo, Kiteto cases are examples).

(ii) Relationship Between Sex and Farm Size

Data in Table 4.6 presents the relationship between sex of beneficiaries and the

owned and formalized,land, parcels. In the case Handeni District, results (Tabie a.6)

show that 39 respondents (93%) were men. This result means that the majority of the

land right holders in many rural areas are men.

Table 4-6: Sex of the Beneficiaries of Formalized Land Rights

Sex of land rights hold-ersFemaleMaleTotal

MboziN:252) Handeni(42)Frequency(F) % F %

J I

215252

14.7 385.3 39

7 .192.9

100.0Source : F ield D ata. 20 12

100.0 42

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r I l

This assessment was based on two variables of sex of beneficiaries and farm size dis- .'

tribution patterns. The study looked at the issues of sex equality and equity in land

access by women as proposed in the NLP and the VLA and then during implementa-

tion through formalization of rural land rights.

In a sample of 252 respondents drawn from seven villages in Mbozi District there-

fore,2I5 beneficiaries who arc 85.3Yo of the sample were men while women benefi-

ciaries were 37 respondents who ne 14.7o/o.

Figure 4.3 presents a graphical situation whereby 37 women (14.I%) in Mbozi Dis-

trict had registered land in their names while in Handeni District, results show that

only 3 women (7.I%) had registered land.

c)bo

q)c,|rq)

100

90

80

70

60

50

40

30

20

10

0Female Male

Sexr Mbozi r Handeni

Figure 4-3: Sex of the Beneficiaries of Formalization

Source: Field Data, 2012

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118

This discrepancy is evidence that the formalization process did not deal with land

access by gender as required in the National Land Policy and the Gender and Women

Development Policy, 2000.

Results from focus group discussion with Village leaders in Bongi village showed

that formalization process registered land rights according to the claims submitted to

the village leaders and in the approving authorities (the village assemblies).Results

from interviews with the key informants on the formalization process in the Handeni

Case study showed that formalization process in this case was gender sensitive as it

ensured that names of spouses were included in the registers.

The researcher used the variables of sex and farm sizes to determine their relation-

ships which are presented in Table 4.7 where the observed and expected frequencies

were used to assess relationship between sex and farm sizes owned.

Table 4-7: Relationship Between Land Size and Sex of beneficiaries

Sex

TotalFemale Male

Land size ownedby persons

l-50 f,bserved Count ?c 227 266

xpected Count ? 6 C 228.1 264.0% within Land size owned bylersons

14.7o/o 85.3% 100.0%

51-300 f,bserved Count I 27 28xpected Count 4 . 1 25.9 3 1 . 0

']/o within Land size owned bv)ersons

3.7o/o 96.3o/o 100.0%

Iotal )bserved Count 4C 254 294

Source: F ield data. 20 12

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T19

It needs to be noted that in the sample of 304 beneficiaries, there were 10 institutions

(registered trustees, non goveilrment organizations) which acquired and formalized

their lands in the villases in Mbozi District.

Within the farms with sizes below 50 acres, there were 227(85.3%) male while fe-

male stood at 39(14.7%). Results further show that there were 27(96.3%) male who

own land between 51 to 300 acres. In the farm sizes between 51-300 acres, results

show that if there were no differences or say equality, then at least 4 female would

have been expected to own land with sizes ranging from 51 to 300 acres. Results of

the assessment of the strength of relationships between farm size and sex as deter-

mined by the use of the goodness of ffi Person Chi Square xz (2, 304) was 6.922.It

gave contingency cofficient (p:0.149) which implies no significant association or

correlations between farm size and sex.

The formalization process as concentrated on land rights claims, means that male

benefitted more than female during the certification process. This result implies the

formalization did not reduce gender inequalities in terms of land access.

As pointed out earlier, the formalization process, as set by the government, had a

mission of reducing inequality including land access by gender (sex) but the results

prove otherwise as the access were mainly through inheritance and direct acquisition.

The popular means of land access in the villages visited in both Handeni and Mbozi

Districts was through inheritance, hence, as pointed out by Ikdah et al.(2005), even

where formal laws are strong and aim to promote equality, they become ineffective

before strong'customs and traditions. This is possible in countries like Tanzania

where customs and traditions lack checks and balances on their operations.

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120

(iii) Relationship Between Co-occupancy and Marital Status

This assessment was based on the results of two variables of co-occupancy and mari-

tal status. Data in Table 4.8 present the marital status of the beneficiaries of formali-

zation in the study areas where226(89.7%) and 38(90.5%) from Mbozi and Handeni

Districts respectively were married.

Table 4-8: Marital Status of the Beneficiaries of Formalization

In this analysis, the 10 beneficiaries (institutions in Mbozi District) were excluded as

they do not apply. This result was helpful during the examination of relationships

between marital status and co-occupancy patterns. This was intra-generational equity

assessment.

Marital status/District Mbozi Handeni

Frequency % Frequency %

Single 5 t .9 o 0Widowed t6 6.3 J 7.1

Divorced 4 r .6 1 2.4Married 226 89.7 38 90.5

Separated I 0.5 0 0Iotal 252 100.0 42 100.0Source: Survey Data, 2012

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t2 l

Data in Table 4.9 present contingency table or cross tabulation of marital status and

sex of the beneficiaries of formalization. Results show that 24l(gL 3o%) men were

married and 23(8.7'%) women who were married had their land rights titled and reg-

istered. As the issue of protecting of women is highly emphasized in the law then this

result will be used to determine if the rights of married women were protected during

the process of titling and registration of land rights or not.

Table 4-9: Marital Status* Sex of Beneficiaries

Marital StatusSex Total

Women MenSingle Count I 4 5

% within Marital status 20.0% 80.0% 100.0%Widowed Count l 5 A

a t9% within Marital status 789% 2t . t% 100.0%

Divorced Count 0 5 5% within Marital status .0% 100.0% 100.0%

Maried Count 241 264% within Marital status 8.7% 91.3% 100.0%

Separated Count I 0% within Marital status 100,0% .0% 100.0%Count 40 ' r<A 294

Source: Survey Data, 2012

Mode of Ownership or Co-ownership

This refers to how beneficiaries registered the land rights during the formalization

process. This is vital because law requires consideration of marital status during the

registration of land rights. The Village Land Act emphasizes that joint tenancy is

possible only for married couples and not otherwise. It also emphasizes that tenancy

in common must also show shares.

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Results from Table 4.10 show that in Mbozi District, individual beneficiaries (natu-

ral persons) registered their land rights in three modes of ownership.

able 4-10: C 'atterns Amons BeneliciariesCase studv district Occunancv tvne N o,/

,/o

Mbozi N:262) Joint Ownershin 72 28.6Tenancy in Common I 0.4Sinsle Ownershio 179 71.3Corporate 10 3.8

Handeni CN:42) Joint Ownership 33 78.6Sinsle Ownership 9 2t .4

Source: Survey Data, 2012

In I79 benefrciaries out of 252 (7I%) from Mbezi District formalized their land

rights as joint owners. The study excluded the 10 institutions from this analysis so as

to remain with 252 natural persons. Only one individual which is 0.4o/o of all re-

spondents in the sample own land as a tenant in common (with equal shares) while

72 respondents (28.60/o) registered their land rights as joint owners. For the case of

Handeni, results show that joint ownership added up to 33(78.6%) of all beneficiaries

while about 9(2IA%) claimed and had their land rights titled and registered as qingle

owners. In the Handeni case the compliance to the law was high as the process was

closely administered and coordinated by officials from the Programme Implementa-

tion Unit of the PBFP or MKURABITA.

Results in Table 4.11 show that implementers of the formalization programme did

not consider marital statuses of beneficiaries during the individualization, titling and

registration of land rights.

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Table 4-11: Mode of Ownership* Marital Status Cross tabulation

Marital status

TotalFrequencies s W D M S NA

Mode of

Ownership

io int

Count 0 4 1 oo 1 U 105

Expected Count 1 . 7 6.6 1 . 7 91.2 ? 3.5 105.0

% within Marital sta-

tus)o/a

2 1 . 1o/o

20.0%37.5%100.0

o/o.jYo 34.5o/o

fenancy ir

lommon

Sount n 0 n 1 t l 0 1

Expected Count . ( 1 .9 n .0 1 . 0

% within Marital sta-

tus.001 .0% .0% .4% .0% .0% 3%

Single

3ount '15 4 164 0 0 18€

Expected Count 3 .1 1 1 . 8 3 . 1 163 . : . b o.z 188 .C

% within Marital sta-

tus

100. (o/t

78.9o/o

80.0%62.1o/( .0% 0% 61.8%

Institutions Sount c n n L 0 1 0 1C

lxoected Count .€ .2 8 .1 .0 1 0 . c

']/o within Marital sta-

:US001 jo/t jo/a .001 0%

'100.0

o/o3.3%

Iotal 3ount 1 € 5 264 1 1 0 304

Source: Field Data, 2012.

Key: S:Single; W:Window; D:Divorced; M:Married; S:Separated

Results in this table further show that in both case studies, there were 264 manied

beneficiaries (Mbozi:226; Handeni:38) but out of these 164 beneficiaries (62.1%)

formalized their land rights as single owners. This implies that the land rights of oth-

er spouses were not clarified and registered, hence insecure. This insecurity of ten-

ure, as argued by Enermark, et al. (2014) keeps the poor and the disadvantaged

trapped in poverty as they may not be able to use their land as collateral or even in

informal mortgages.

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124

Results show that 99 respondents (37.5o/o) who were malried registered their land

rights jointly as required under the law, These varying results could be attributed to

lack of adequate knowledge in the laws related to real property because results from

observation showed that the actors in the formahzation process had no adequate

knowledge related to land law. These results conform to what Platteau (1995) men-

tioned that even ifjoint titling could provide the required protection to women within

the law, it would be impossible to carry out such an exercise without bringing to bear

all other problems associated with formal titling in Africa.

Results of the assessment of the strength of relationships, between marital status and

mode of ownership brought a goodness of fit between Chi Square value of 3.1 17 ; a

Cramer's V value of 0.585 and the Contingency Coefficient of 0.712. Literature

shows that Cramer's V value is not suitable for a table with a design of 2x2, therefore

since our table was of the design of 6 columns by 4 rows then the (Cramer's V:

0.585, p is 0.000; thus p < .001) or confidence at99%6 was taken.

These results imply that there is no significant relationship or correlation betwe'en the

married beneficiaries and the way they registered their land rights during the formal-

ization process. These results imply further that the coordinators of the formalization

process, including the land rights claimers, either did not know the requirements of

the law or they were pot guided adequately on the importance of including the names

of spouses in the titles. These results are also linked to the patriarchal practices that

cause imbalances between men and women. As CTWFT shows, men have always

been seen as allies of women hence the need for affirmative action to emancipate

them.

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t25

These results are supplemented by the observation made in Msia village, where land

records showed respondents who had registered their land jointly with their sisters or

sometimes with their brothers. This practice was contravening the requirement of the

Village Land Regulations of 2001 which provided that joint ownership of land was

allowed for spouses only unless court permission is issued (uRT, 2001).

Furthermore, results from interviews with senior officials from MKURABITA

showed that the mere inclusion of female names is not enough as the actual control

of lands is in the hands of males. In the context of intergenerational equity, a mere

inclusion of the names of a spouse(as joint right holder) is a strong security to either

PartY, be it for a male or a female because joint tenancy has a benefit of right of sur-

vivorships. A right of survivorship means that if one spouse dies all land rights move

to the surviving owner hence reducing disputes.

Comparing the two study areas of Handeni and Mbozi, the results show aCrqmer's

V (0.372 or 0.4) which means there is a moderate association between these districts

in terms of how communities own land. The objectives of the National Land boficy

(1995) and the NSGRP of 2005 on reducing inequality are still a challenge. Larsson

(2006) in his study on the implementation of theTanzania Village Land Act saw the

question of land allocation as a challenge to the implementation of this law.

Furthermore, these results are similar to the argument which was raised by Platteau

(1996) that "farmers' wives" have not fared well under the registration and individu-

al titling. This has been so because registration only recognizes exclusive individual

rights in given pieces of land; the only rights that can be recognized in this process

Page 149: Tiba PhD thesis

126

are those of the principal landholders-men. Women as wives were disadvantaged in

the registration and titling process (World Bank (1989). Shivji (1999) also lamented

that a mere mention in the policies and laws about an emphasis on the possibility of

co-spousal registration and titling of customary rights without making it mandatory

was not enough.

(iv) Relationship Between Farm Size and Number of Children

The study was concerned with whether there was concern on the number of children

and the farm that the household owned. There are occurrences of trespass to many

rural privately and reserved lands in Tanzaniamainly by the youth who claim to have

land to use.

Results in Table 4.12 show the expected and observed number of children of the

owners of land which were registered during the formalization process in the study

areas.

Table 4-l2zLand Size * Children Cross Tabulationlhildren within the household

TotalFrequency 0-5 6 -10 I l - 1 5 t6-25

Land size

0-50 Cbserved Count 103 t 3 l 2( 5 263

Expected Count 100.( 126.6 30.1 3.6 263.0

)/o children in household 92.001 92.9% 76.501 75.Uo/a 90.401

5l -30.0 Observed Count l 0 I 28

Expected Count n.4 t4.4 3 .5 0.4 3 1 .0

% children in household 8.001 7. lo/a 23.501 25.Uo/a 9.9601

Total Count l l l 4 l 34 4 291

Source: Field Data, 2012.

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r27

Results in Table 4-12 show that263 beneficiaries (90.4%) out of 291 benefrciaries

had children ranging from 0 to 25 while the land which they claimed to own and thus

title and register were of the sizes below 50 acres. This analysis excluded 13 benefi-

ciaries which were institutions. Results show fuither that 103 respondents or benefi-

ciaries who were (92%) had up to five children and they registered land of size

amounting up to 50 acres. This result implies that households of beneficiaries of

formalization with farm sizes ranging between 0 to 50 acres had between 0 to 25

children. OECD (2013) argues that more children implies lower income because in-

come earners in a household differ at life cycle stages.

Results further showed a weak relationship between farm sizes owned by the re-

spondents and their number of children (Cramer's V is 0.198, and the significance

level (phi) of 0.018 which means p<0.05. These results (Cramer's V:0.198,

p<0.05) mean that the relationship found in this sample about children in households

and the available farms or land size hold true in the total population from which it

was drawn. This result further implies that in the context of intergenerational e.quity

(sustainable social development), there is a likelihood that in the near future, these

children will be landless as their parents do not have land to sustain their livelihood

particularly for food security. The impact of this, as once pointed out in the

Brundtsland Commission (1987), is that where resources are distributed in an inequi-

table manner; there is iikelihood for a segment of social groups to trespass in protect-

ed or others' land so as to satisfy their needs.

As also once argued by Sharon (2000), the implementation of formalization of rural

land rights of villagers in the study areas was concretized on the existing inequities

Page 151: Tiba PhD thesis

t28

and inequalities. Based on the results of these assessments, it is apparent the land dis-

tribution and access among social groups at the household and village levels were

inequitable. It further needs to be noted that the use of land rights for borrowing im-

plies access to credit and improved income for the household of the borrower but al-

so it can compromise access of land by household member in case of default as land

can be foreclosed.

Summary of the Key Findings

a) On equitable distribution of land, the study found that formalization in both

case studies did not concentrate on the distribution of land as the approach

was more on adjudicating the land rights as claimed by the land users or those

that claimed to be the users. The assessment of relationships between farm

size and household size; male and female; marital status and mode of land

ownership showed inequalities of land distribution which implied that the

process was inequitable in the context of intra-generational equity. Married

males registered land as single owners hence denying the land rights to their

wives; this was contravening the law on protecting land rights of females.

b) On the exploration and examination of intergenerational equity, the study

found that there was no consideration of the size of household and the num-

ber of children within these households. Life cycles within households need

consideration when resources are distributed. Although in the Handeni Case,

village use plans were prepared, the study found that some villagers ignored

those plans during the adjudication hence jeopardizing the land access rights

Page 152: Tiba PhD thesis

t29

by segment of social groups mainly pastoralists. Lengoiboni (2011) had

complained about this injustice to the pastoralists. The study found that in the

Mbozi Case, there was no preparation of land use plans which in essence de-

fine the land uses which can be accessed in the near future hence promising

intergenerational equity.

c) There were many land rights that remained unregistered in both case study

areas which imply that the land rights to these individuals were not defined

and clarified as required under the law. In the Mbozi case, where adjudication

was systematic, the study found that titling and registration of the already sys-

tematically adjudicated land rights became sporadic as it was on the discre-

tion of the owner to either register or not. In the Handeni case where adjudi-

cation was sporadic and included preparation of land use plans, still many

land rights were uffegistered and there was abuse of the proposed land use

plans. These plans imposed land use rights on the land claimed to be custom-

arily owned by individuals or families. This resulted into social unrest in vil-

lages such as Bongi in the Handeni Case Study. All these happened because

the approach of preparing village land use plans (though participatory by de-

sign) theoretically assumes that unoccupied land in villages is not owned and

thus strict plans as those in urban areas can be effective.

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130

4.2.2 Objective2

To investigate the extent of democratic participation by social groups and the

mechanism used for land rights formalization at the village level

(, Results of the Extent of Democratic Participation

On participation, results in Table 4.1.3 show the level of respondents' participation in

both study areas whereby 276 respondents (90.8%) participated in the adjudication

process by showing boundaries and size of their land. This was a significant ap-

proach towards boundaries adjudication.

Table 4-13: Participation in Land Size Determination per Case Study District

Cross Tabulation

Source: Field Data, 2012

Considering the size of the sample, the researcher used delta to determine relation-

ship between the case studies in the context of the participation of citizens in the

formalization process. Theory shows that with a delta of at least ten to fifteen percent

(10-15%) in one of the rows of table, and then it can be assumed that there is proba-

bly a statistically significant association between variables; especially where chi

square is not reliable. Reading from Table 4.13, the difference between the percent-

Case study district

TotalMbozi Handeni

Participation intermination

size

Yes Count 1 4 1 34 276

% within Case studydistrict

92.401 81.001 90.8%

oh of Total 79.601 11.201 90.8%

No Count 2C 8 28

% within Case studydistrict

7.601 t9.0% 9.2%

o/o of Total 6.601 2.601 9.2%

Total Count 262 42 304

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r3 l

age of observed frequencies for the case of Mb ozi and that of Handeni showed a del-

ta of ll. oh that is, (92.4% minus 81.0%) which meant that there was probably a

statistical significant association between the case studies in how beneficiaries par-

ticipated in the formalizatron process. The results of the assessment of the democratic

participation between the two case studies showed Chi Square test (1,304) : 5.639

with phi:0.018 which implies a significant relationship between the case studies.

The symmetry measures for all values were less than 0.03 (phi--0.0136; Cramer's V

: 0.0136 and Contingency Cofficient:0.13A which implies that the relationships in

terms of participation between the two case studies during the formalization process

was not strong.

Results in Table 4.14 below, present the sex of beneficiaries of formalization and

their status on participation in the determination of the sizes of their sizes.

Table 4-l4z Participation of Beneficiaries in the Formalization Process

Source: F reld D ata, 2012

The results in Table 4.14 above further present symmetric measures of phi:0.921;

Cramer 's V 0.92 I which means 92.1% which is sreater than 5%o. Thus. the difference

between male and female in terms of participation according to registered farm size

is not significant statistically, but it is due to random chance.

Sex ofLand r isht holders

'TotalFemale Male NA

Part icipation in land sizedetermination

Yes Count J I 230 9 276

% within gender of land rights holders 92.501 90.601 90.jo/a 90.8%

No Count 3 24 I 28

% within gender of land rights holders 7.501 9.4o/c t0.0% 9.2%

Total Count 40 254 l 0 304

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This is so partly because of the fact that those who appeared to have their lands regis-

tered were male as they are the owners of land in the rural areas. In line with the

Feminist Theory, it is apparent that women relied on the decision of their husbands to

have their names included in the registered titles. It needs to be noted that in many

rural areas when a girl is married she finds her husband with the land which had been

inherited and as such to force her name to be included has not always been a signifi-

cant issue. In Mbozi, for example, one respondent, a female, educated and employed

as education officer said during the interview that including her name in the title was

not an issue as long as the land belonged to her and her husband. This result is sup-

plemented by the results from interviews with key informants who said that the ap-

proach of adjudication was by receiving land claims and then involving land owners

to determine their boundaries.

In the Mbozi Case Study, results from interviews with respondents, key informants

and from FGDs show that there were three levels of participation, namely during the

sensitization of the implementation of the formalization of land rights whereby the

Ministry of Lands, Housing and Human Settlements Development(MLHHSD) in

collaboration with the District Council coordinated the process; during the adjudica-

tion of farms/parcels boundaries and in the meetings of the village assemblies where

land rights claims were tabled for approval.

As presented earlier (see Tabl e 4.14 above), 276(90.5%) of the respondents who

were interviewed said that they were involved in showing boundaries of their farms

during the systematic adjudication.

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133

In the villages of Ikana, Namchinka, Nkangamo and Iyendwe where formalization

has been done sporadically, results from interviews and FGDs with village leaders

showed that in some cases meetings of village assemblies were rarely called to ap-

prove land deals. Results from interviews with village leaders showed that in these

villages, formalization has been done mainly for 'outsiders' as a majority of those

who had registered the lands were those who had bought land from the village coun-

cils and thus, they wanted secured land rights over their land.

In another development, results from interviews with key informants at the District

level showed that there had been a serious problem of attendance of villagers and vil-

lage councils' members at the village councils and village assembly to decide upon

land rights claims. Results from interviews with key informants in Namchinka vil-

lage showed that there had been unethical practices by some village leaders, for ex-

ample, villagers casted a vote of no confidence against the former Village Chairper-

son and removed him from leadership following the selling of village land without

the consent of the village Assembly.

In practice, information from registers of rights of occupancy is a good indicator of

the effectiveness of participation of institutions in land allocation. Results from the

examination of the registers of customary rights of occupancy (CCROs) indicated

weakness or non participation of village assemblies and the registers of the CCROs

in approving and registering the land rights claims.

This is reflected in the information found in Iyendwe village where one respondent

had bought six parcels of which the adjudicated area was of approximately 49.0 acres

resulting into the ownership of 300 acres.

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Since the adjudicators knew that the village council was allowed, under the law, to

approve allocation of land with area not exceeding 50 acres, they decided to adjudi-

cate each farm with area less than 50 acres each. What was surprising from this result

was about how the registrar registered one individual as owner of six independent

farms each with 49 acres without the approval of the District Council as required by

the law. Results from interview with one informant showed that this had been hap-

pening as some elites who wanted bigger land colluded with adjudication officers to

ensure that bigger farms were subdivided into smaller farms of less than 50 acres so

as to avoid the requirements of the District Land Allocation Committee.

Results from interviews with key informants at the village and district levels showed

that lack of participation by the villagers led, in 2010, into breaking into the offices

of the Sakamwela and Halungu Villages Executive Officers whereby all village land

records were stolen.

Data in Box 4.1 present results of the interviews with key informants on the use of

village assemblies and village councils in approving land distribution during the for-

malization process in the Mbozi Case study.

Source: Interviews with 2 Kev Informants in Vwawa and Namchinka-6th June.20l2.

Results from interview with key informants in all seven villages visited could not

show any evidence in the form of copies of minutes of previous approvals from the

Village Offrce, including members who attended. This result on participation is simi-

Box 4-1: Reaction on the Meetinss of Villa Assemblies in Mbozi Case SYou lcnow mony titles (hati) were issued without following the laid down proce-dure". "Actilally, these meetings (meaning.meetings of village councils andvillageassemblies) ore never convened. (Kibona, 6rn June,2072).

Page 158: Tiba PhD thesis

135

lar to a conclusion made by Ikdal et al. (2004) that participation in the formalization

is theoretical as it had tried to decentralise power to local bodies and build upon ex-

isting institutions, customary norrns and rights. This is to the contrary; the norms said

here are those of patriarchy which also apply to Tanzania. Patriarchy also applies to

formal institutions such as the Village Councils and it is worse in the Village Assem-

blv.

Results from interviews with respondents showed that the VLTIs neither own nor

have control over the village land which the central government empowered them to

administer. This implies that they act as a go-between the customary sellers and buy-

ers in the formalization process through witnessing the transactions in question. As

once observed by Chimhowu and Woodhouse (2006), it is useful to recognize the

specific characteristics of what they called 'vernqcular land markels'- that is the

commoditized transfers of land within the framework of customary tenure - as essen-

tial if state land policies are to succeed in promoting the interests of the poor. This

can be compared with the results from Iyendwe village where one respondent had

rights to land with a total area of 300 acres. This respondent had not trespassed any-

one land but he bought land from individuals who might have been members of some

families or clan. This land transaction above 50 acres is illegal when it is not ap-

proved by the District Land Allocation Committee but in the hands of both the sellers

and the buyers it is legal as long as the sellers were bona-fide owners of the land. All

in all, such land alienation would have been illegal if the land in question belonged to

the village as an institution but unfortunately these villages do not own land as the

land belones to individuals who have mandate to either sell it or not.

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These results on participation prove what Ikdal, et al. (2005) said; that in many in-

stances discriminatory customary practices ovemrle equal rights-based statutory

laws. It is apparent that the participation of the VLTIs would be in the form of wit-

nessing land transfer possibly with a fee as this could facilitate the administration of

the village land office.

In the Handeni Case Study results from literature show that the formalization process

was based on the formalisation prograrnme proposed by the Peruvian economist

Hernando De Soto and his Institute for Liberty and Democracy (ILD). Unlike partic-

ipation in the Mbozi Case study, in the Handeni case study, the programme imple-

mentation team of the formalization process invited two Non Government Organiza-

tions (NGOs) namely, the Tanzania Pastoralists, Hunters and Gatherers Organization

(TAPHGO) and Legal and Human Rights Centre ((LHRC) to participate as observers

of the process. Results from interviews with respondents show that participation was

mainly in the farm boundary identification and in attending meetings of the village

assemblies to discuss land rights application.

The results from FGDs and key informant interviews revealed that the implementa-

tion team ensured participation through coordination of calling for meetings as re-

quired in the Village Land Act No.5 1999. Ole Kosyando (2007) a representative of

TAPHGO reported that there was little community awareness imparted concerning

the mission of the pilot project. Results from interview further show that each step

(see Appendix 2) of the intervention unfolded itself to the community almost in iso-

lation of the others. It was only towards the end of the process, during the application

of certificates of customary right of occupancy, that most people realized what the

Page 160: Tiba PhD thesis

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programme was driving at (Ole Kosyando, ibid). Results from interviews from key

informants in Handeni district showed that participation was effective through vil-

lage assemblies with neighbouring villages such as Kweisasu and Kwamkono and

that those meetings also approved the applications for customary rights of occupan-

cy.

According to Kosyando (2007), in Handeni District the meetings of the VLTIs (vil-

lage councils and general assembly) to introduce the project and mobilize community

support were omitted. This result implies that the formalization process in Handeni

Distrct was more of top down as what was important for the programme implementa-

tion team was to ensure that the project was completed within the planned time. It

needs to be noted that PBFP had hired students from the then UCLAS to facilitate the

process. Results fuither showed that Village Executive Officers (VEOs), possibly in

consultation with the Village Chairpersons, nominated the Participatory Rural Ap-

praisal (PRA) teams instead of these being selected by the Village Assemblies; hence

these members had knowledge of their roles in this exercise at the back oi their

minds. This is evidenced by the fact that in practice, calling a Village Assembly is

not effective when it comes to makins immediate decisions.

Results in Box 4.2 show the number of Village Assembly members with an example

of Bongi village. Assuming that each household had 2 individuals with age of 18

years; had married people; and that in a female headed household there was only one

person aged 18 years, then eligible Bongi Village Assembly members are 584.

Page 161: Tiba PhD thesis

138

Conducting such a meeting to approve 2 acres of land claimed by a villager from one

hamlet forming this village is not practical and such meetings are ignored.

Such a number of members to the VA can be difficult if not impossible to make ef-

fective decisions. This is similar to the just ended Constitutional Assembly of Tanza-

nia where the public is witnessing inegularities in addressing its intended objectives

partly because of the number of members and the complexity of managing such insti-

tution. Results from interviews further show that participation was weak because of

the lack of flexibility in the registration process.

Results from observations and interviews with respondents, further showed that, the

village land use plans which were prepared during the pilot were not acceptable by

some villagers. This result was also raised by Deininger, et al (2012) when they said

that pastoralists or shifting cultivators who had not received any group tenure certifi-

cates often had their rights infringed upon in the context of village land use planning.

Results from PBFP, TAPHGO and LHRC implementation and participation reports

(also see Appendix 2) showed that there was a participatory rural appraisal exercise

Box 4-2: Expeeted Village Assembly Members in Bongi VillageTotal Populatron:I263Female: 583Male: 680Workforce: 277Old people(60 years and above): 85Number of Households: 308Female Heads of households: 32Members to the Village Assembly: (308-32)*2 +32:584

Source: Bongi Village Executive Officer's Office, 2012.

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139

that facilitated the preparation of the land use plans. Results further show that the

proposed land use plans were presented to the VA for approval. Based on the experi-

ence of the researcher of this study who had worked as a District Land Officer for

more than 15 years in the local government service in Tanzania, it is very rare for

Village Assembly to fully constitute a quorum of all villagers (with the age of 18

years and above (see the number of members of VA in Box 4.2). One respondent at

Bongi village told the researcher that the plans were planted on the land parcels that

belonged to some families such that they resulted into land ownership disputes be-

tween users and owners. Formalization did not entail compensation because in rural

settings many people use land which they do not own; a good example is of pastor-

alists who graze in the land of others. This result was also observed by Fairley (2013)

when she said that some occupations (social groups) such as those that use land

commonly like pastoralists were negatively impacted during the formalization pro-

CESS.

In the Handeni case study, results showed that there was a strict follow up to.make

sure that village assemblies meet to approve claims of customary rights of occupan-

cy. Although the indicator of these approvals was the availability of the minutes of

these assemblies, in both Bongi and Mbuyuni villages the village executive officers

(VEOs) had no copies of those minutes because the process was coordinated by

MKURABITA. Although the Village Land Regulations, 2001of the VLA set a ceil-

ing of not more than 20 hectares of land that one individual in village can occupy and

use but results showed that there were approvals of customary right of occupancy for

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140

land beyond the ceiling without the consent of the District Council as required under

the regulations.

Results in Box 4.3 present the remark of a land official on the effectiveness of the

local government authorities in approving land size during formalization.

Box 4-3: Interview with a Handeni Informant on A aI of Land Size

Source: Interview with a Key informant in Handeni Land Office on 1710812012

(it) Results on the Formalization Mechunism in the Mbozi Case Study

Results from interviews with the key informants showed that the pilot villages (seven

villages were covered as pilot in2004) used systematic adjudication in which bound-

aries of each farm in a village (its existing land uses and the names of the owners)

were all recorded. Results further showed that owners whose farm boundaries were

adjudicated were free to apply for issuance of the certificate of customary right of

occupancy (CCRO) at the district land office. This implies that actual titling was go-

ing on at the district instead of at the village levels as provided for in the village land

regulations on the processing of CCROs.

no permits are sought from the District Council fur approval of land bigger thatfifty aues.

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t4l

Plate 4.2 shows an index map with all parcels which were systematically adjudicated

in Sakamwela'Village. SK4l l represents the parcel number of the parcels.

Plate 4-L: Index Map Showing Adjudicated Farms in Sakamwela ViIIageSource: Photo Taken bv the Author at Sakamwela Villase Office on 1210612012

Results from interviews showed that even where adjudication was systematic, titling

and registration became sporadic in approach whereby those who wished to register

thefu land rights did so. This option by the government has negative implication to

the poor especially women because their rights remained insecure hence unproiected.

This current security of tenure vacuum increasingly generates social instability

through land disputes and land grabbing (Enermark. eta1..,2014).

j

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142

Results in Table 4.15 showed the elements of the formalization process, which, Fair-

ley (2012,2013) baptised as "Mbozi Model". Mbozi Model entails systematic adju-

dication whereby a team of experts gathers with members of the village council

(which includes the village chairperson and the village executive officer); users or

occupiers of the parcels; and by using the tools available to them, inscribe the bound-

ary by noting and saving the coordinates of each parcel in the entire village (Fairley,

2013).

Table 4-15: Components of Mbozi Formalization Model

Task Actor RoleVillage boundary deline-ation

Land surveyors and cartog-raphers

To identify the bounda-

ry of the villageCreate a map showingcoordinates of the vil-laee

Aerial photography, orobtaining satellite im-agery

District Surveyors, villagecommunities, neighbouringvillaees

To ensure that they areavailable for use

Creating a land use plan National Land Use Plan-ning Commission (NLUPC)with the PLUM Team atdistrict and village levels.

Ensure guidance in thepreparation of the vil-lage land use planthrough participatorytechnioues

Systematic adjudicationof farm boundaries

Plot or farm owners, districtland officials, village coun-cils

Clarifying farm bounda-ries of land rightsclaimants

Issuance a Certificate ofVillage Land(CVL)

Commissioner of Lands To issue the certificateof land with conditionsfor administering thevillaee land

Issuance of CCROs VLTIs-Village Councilsand the Assembly

Issuance of a CCRO toa villager or land ownerwhose claim was ap-proved bv the VLTIs.

Registration of CCROs District Land Officer To register the CCROsat the District LandReeistry.

Source: Fairley (2012,2013) with author's amendments

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Fairley (2013) saw the preparation of CCRO as quite simple as a land right holder

had to submit the application for a CCRO (duly signed by the appropriate witnesses,

including the Village Executive Officer) with evidence of their parcel identification

to District Land Offrcer. Availability of high-resolution satellite imagery (or aerial

photography) forms the basis for sketching parcel boundaries whereby the surveyor

simply delineates the parcel, hand-drawing the boundary onto a high-resolution

printout of the satellite image (Fairley, 2012). This model as described by Fairley

(ibid) was used during the pilot phase and has been the base for fuither adjudication

process although results from the actual observation found that everything had been

turned to spot adiudication partrculady in villages where adjudication was not sys-

tematic.

Results from implementation reports showed that the process involved digitizing the

sketches on the geo-referenced layers at Mbozi District headquarters. In districts with

no satellite imagery in place, hand-held Geographic Information System (GPS) sets

were used to record relatively precise geographic coordinates of the parcel bounda-

ries. This resulted into the development of a cadastral registry with all parcels availa-

ble in each village that has been surveyed. At the same time that the parcel registry

was being created, whereby information about each parcel was also collected - the

name of the owners (who are given a paper that states the unique identification for

their plots of land), and the names of all owners of bordering parcels (Fairley, 2013).

This information is also entered in the computer situated at the district land office.

Results from interviews showed that with systematic adjudication approach, every

parcel is adjudicatsd; details of owners recorded and a map is produced.

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144

Results further showed that formalized land rights are registered in the District Land

Registry while the Village keeps copies of the registered rights in the Village land

registry (VLR). The Village Executive Officer (VEO) is responsible for the mainte-

nance ofthe register.

Results from interviews and FGDs in Mbozi District showed that although at the start

of the process the boundary adjudication was systematic, the titling and registration

became sporadic whereby those who wished to have a ccRo had to apply for it.

Further results from interviews with key informants at the district and levels of the

villages of Iyendwe, Namchinka,Ikana and Ndalambo showed that both boundaries

adjudication and registrations were conducted on demand or sporadically.

Results from the interview with one of the GIS Pioneera on the sporadic adjudication

mechanism showed that the process starts by a land rights-holder (customary or oth-

erwise) to hire a GIS Pioneer (a person with expertise in using a hand held GPS from

the district land office who accompanies the applicant to the farm to take details of

the farm boundary, details of the land owner(s) and then prepares a CCRO. Results

further showed that what was sometimes needed was the proof of the village leaders

that the applicant owned the land or has bought it from an individual. The GIS Pio-

neer proceeds with the preparation of the farm plan (also known as deed plan) and

the CCRO after which the document is sent to the owner and the village leaders to

sign and stamp before returning it to the District Land Registrar for registration.

* Fairley (2013) describes this person as one who can use a handheld GPS to capture farmscoordinates and use them to prepare a Plan to fix in the CCRO.

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145

Results in Table 4.16 below show the status of formalization in Mbozi Case Study

whereby in villages where systematic adjudication was applied (Sakamwela, Msia

and Iyula) a total of 2149 land parcels belonging to various individuals had their

boundaries adjudicated. Since registration of land rights turned to be sporadic only

590 land rights which is 27 .5oh were titled and registered at the District Land Regis-

try.

Table 4-16: Site Villages and Adjudication in Mbozi District

Source: Mbozi District Council, 2012.

Data in Tabie 4.16 above shows that in such villages as Ikana, Nkangamo.

Namchinka and Iyendwe where boundary adjudication was sporadic, about 276'land

rights were titled and registered. As results it is clear that those who adjudicated their

farms were at liberty to determine who to include in the title as land rights owners.

Results from this table also indicate that systematic boundary adjudication was gen-

der or sex sensitive as names of both male and female were also recorded. It is, how-

ever, half baked as the relationships of owners were not recorded. What remains as a

challenge is the clarification of the marital status of those who are recorded as male

and female because they could be brothers and sisters, wives and husbands or mother

s and their sons. With the sporadic system of adjudication as it comes on demand, the

Village No CCROs Letter ofOffer

Adjudicated Farms& OwnersF&M M F Institutions

Sakamwela 207 150 884 74 9 4Msia 200 l l 0 1025 58 l8 a

J

Ivula 183 183 15 58 8 j

Ikana 9 l 4 0 I2 0 3Namchinsa 25 0 0 1 l 0 0Nkangamo 96 0 T6 4 l 5 5Iyendwe 64 I 2 t4 0 0Total 866 448 t.942 268 40 18

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r46

madtal status of the applicant was not necessarily considered during the land rights

registration process.

Besides, results in this table show the number of adjudicated land rights which re-

mained insecure, for example, in Sakamwela village 764(78.7%) land rights re-

mained insecure because out of 971 boundaries adjudicated parcels only 207 (21.3%)

parcels were titled and registered. This implies that lands right of 764 owners

(78.7%) of several socially wlnerable groups have not been registered hence they are

subject to manipulation. This indicates inequity in the formalization process.

Figure 4-4 presents a graphical relationship between adjudication and actual land

titling in Mbozi Case Study.

1200

1000

800

600

400

200

0

-Adjudparcels(AP)

*ccRos

-%(AP)

"'""- .\"no.-."'-

{"*Figure 4-4: Adjudicated and Titled Parcels in the Mbozi Case Study

Source: Compiled from field work, 2012.

Results in Figure 4.4 are related with the results from the District Implementation

Report of the Mbozi District (2012) which show that about 17670 CCROs were reg-

istered, 17 ,}4lfarms had been adjudicated with the GIS and the names of their own-

Page 170: Tiba PhD thesis

t47

ers are in blacket as follows: II,282 (male and female), 5,128(male), 450(female)

and 1 8 1 (institutions).

Results from archives, interviews and literature in Mbozi District show that the use

of either systematic or sporadic mechanisms of adjudication had not captured all

ownerships of land into the land registers as argued by proponents and scholars on

systematic adjudication.

The adoption of optionality for land owners to either register their land rights or not

as provided for under the 1999 Village Land Act and its regulations have paralysed

the global efforts in ensuring that land rights of all become secure and thus equitable.

This is against thefit-for-purpose approach element of inclusiveness in scope to cov-

er all tenure and all land (Enemark. et.al,2014). Adjudicated land parcels remained

unregistered hence were insecure and inequitable as the positions of users of unregis-

tered land rights remain inequitable and could be subjected to alienation.

Results from interviews and actual observations reveal that although village land

administration is decentralized, this is theoretical but in practice, all mechanism of

formahzation are centralized at the district land office level because in all seven vil-

lages the researcher visited, there was no single village where the village executive

officer (a village land officer for this matter) was capable of preparing a land title

(ccRo).

Results from the Mbozi case study showed that the mechanism is mixed and the pro-

cess is still centralized x the district level. This concurs with what Tuladhar (2004)

said about land rights registration, that in many developing countries, citizens have to

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148

travel long distance for registration, and

not afford these costs and time, they do

hence they leave them insecure.

this involves high costs. Because they can-

not even title and register their land rights,

(ii, Results of the Formurization Mechanism in the Hundeni case study

Result from interviews and focus group discussion with respondents and key inform-

ants including a report by Mkulila Q007)who participated on behalf of LHRC, showthat formalization used spot adjudication. Issuance of ccRo through a demand

driven process (spot adjudication and registration) was something that was danger

during the first time registration as it adds threat or danger to the land rights of therural poor communities (Mkulila, 2}}7;Deininger, 2003).

Plate 4-3 shows one of the seven village Land Registries which were built as part offormalization process in Handeni District.

Plate 4'2: office of Mbuyuni village Land Registry Built by MKURABITA

Source: Photo by Goodwill Richard ong/g/2012.

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t49

Results of the observation showed that the office was no longer busy with the actual

formalization process. Although formalization was not going on effectively, villages

have good and appropriate offices for this role among others.

Results from interviews and FGDs further showed that mechanism of formalization

was sporadic or demand driven, land rights claimers had to fill in application forms

to claim their land use rights, then the village council and the village assembly had to

discuss and approve or reject the land rights claims. Results from interviews with key

informants and from implementation report further showed that members of the Pro-

gramme Implementation Unit (PIU) assisted village councils to prepare village by-

laws. These by-laws were needed for enforcing the land use plans of their respective

villages particularly through classifying land use for the diversity of social groups

mainly pastoralists and peasants as they were expected to reduce land related dis-

putes between these groups. Results from interviews with key informants and the

discussion with the Focus Group of pastoralists blamed some villagers abusing the

approved formal land use plans. Results from discussions with pastoralists in Bongi

Village, for example, showed that some customary land owners refused the proposed

land uses plans hence several informal land use changes took place resulting into

disputable land use patterns.

Results from interviews with key informants and reports of the participating organi-

zations during the piloting of this study area, showed the entire formalization in the

Handeni Case Study unlike that of the Mbozi Case Study aimed at assessing the

functionality of the Village Land Act, 1999 and the Land Use Planning Act, 2007 in

the administration of village land rights.

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150

This shows the differences in the implementation of the National Land Policy (1995)

in the context of the objectives of this study. Results from interview with the key in-

formants showed that about 600 CCROs had been prepared by the time the project

ended on 18fr December, 2006.

Results in Figure 4-5 show a sunmary of the issued 617 CCROs in the seven pilot

villages as quoted from the partiiipation reports (Ole Kosyando,2007; Mkulila,2007;

MKURABITA,2OO6).

Formalization in Handeni District

I bongi

r mbuyuni

r nkale

r sindeni

r kwamkono

I kweisasu

I mzeri

Figure 4-5: Formalization Coverage in Handeni Case Study

Source: Field Data. 2012.

Results in Box 4.4 below show 18 planned activities in the formalization process in

the study area. Activities starting from number I to 12 were mainly on mobilization

and preparation of the village land use plans. These were seen as a weakness in the

proposed procedure for the implementation of the Village Land Act and the Land

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Use Planning Act. Results in Box 4.4 further showed that activities starting at num-

ber 13 to17 were on land rights individualization, titling and registration. The con-

struction of the Village Land Registries came at the end (Ole Kosyando, 2007).

Results from the pilot implementation reports and interviews with key informants

further showed that, Handeni pilot had aimed at adjudicating of 3500 parcels but be-

BOX 4-4: Formalization Planned Activities in Handeni District

1. Formation, mobilization and orientation of trvo teams, namely the II'IKUL{BITAstaff, and proj ect specific recruits from UCLAS, and the multi-disciplinary teamfrom the Handeni Disrict Council - both teams assembled before ttre actualinauguration of the project fieldrvork.

2- Identitjcation of project villages based on criteri.a agreed upon b;* the DistictCouncil and h'IKURdBITA Programme lr'Ianagement Unit-

3- Training of the Project team. and \rillage.'\Yard Executile Officers on the use ofHand-held GPS sers.

'+. Facilitation of lillage boundaries adjudication proEess-i. Surr,eying of village land boundaries and production of village land maps for deed

plans - leading to the protision of \rillage Land Certificates.6. Conductingparticipatory rapid appraisal pRal and facilitating detelopment of land

use plans (loosely incorporating raining of \l ard Facilitation Teams).V - Technical data collection - zoning and actual demarcatiun of the different land uses.8. Preparation of village maps indicating the various land uses proposed9. Conducting Issue Based \Yorkshops - with villagr councils to initiall-v adopt the

land use plans as proposed br" the \''LU[,I teams" and proposals for br,'-larvs toenforce the plans-

t0. It'falcing necessan: revisions as recommended from the rvorkshops-i 1. Holding \iillage General Assemblies to adopt the proposals for Land Use Plans and

Bylarvs as presented by the Village Councils.13. trncorporating recommended changes from the General Assemblies in the land use

plans and b1,'larvs-13. Disuibution and filling of application forms fur Certificates of Customan'Rights of

Occupancl',14. Holding of Village Council meetings and \tllage General Assemblies to

respectivell' consider the applications.15. Conducting sun'e1, of land parcels-16. Preparation and issuance of letters of offer-lT.Processing and issuing Certifrrates of Customaq' Rights of Occupancy to

individuals18. Consmrction of \rillage Land Regisries.

Source: Ole Kosyando (2007), MKURABITA (2006).

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cause of the limitation of time and resources, the exercise was left with the Handeni

District Council for continuation. According to Ole Kosyando (ibid), by the time PIU

left Handeni District on the 9th of December 2006, some activities were incomplete

including the meeting of the village land tenure institutions to approve the applica-

tions for CCROs. Results from documentary research show that beneficiaries and

other local actors were involved in the process other than participating due to the fast

tracking nature of the pilot exercise. There was no time for the village leaders to con-

ceptualize, masticate and understand the purpose of the programme.

Commenting on this fast tracking of land formalization, Byamugisha (2013) laments:

"...meny internationally driven efforts to spur land administration reform andboost agricultural production in sub-Sahqran Africa have suffered due to theirreliance on foreign implementers engaged only for a limited time, typically

backed by short-term donor contracts that aren't well-positioned to affect last-ing institutional change ".

It is apparent that fast tracked exercise like this could not improve the ability of

the VLTIs to sustain the process save for the buildings which are named village

land registries although they are just normal Village Executive Officers' offices.

This was evidenced durins the field visit as villaee leaders said that formalization

process was not going on.

Results in Figure 4-6 below reveal the output of spot adjudication through an index

map which shows parcels which were sporadically (spot) adjudicated in Bongi vil-

lage including their areas whereas the whitish space show parcels which were not

adjudicated.

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153

Figure 4-6: Index Map of Spot Adjudicated Parcels in Bongi Village.

Source: Ole Kosyando (2007), MKURABITA (2007).

Detailed observation of this plan shows some land parcels which have not been adju-

dicated and thus their ownership status is not registered and hence it is subject to ma-

nipulation should there be any land acquisition. This also implies that possibly some

of the boundaries might have overlapped to parcels whose boundaries were not adju-

dicated. Results from interviews with key informants at the District Land Office in

the Handeni Case study showed that formalization was going on slowly depending

on the demand of the villagers. Results from literature show though the sensitization

was inadequate, the fast tracking of the process enabled achievements in terms of

land rash for grabbing and the preparation of village land use plans. This situation is

evidence that the process of formalization adopted the one size fit for all approach

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instead of the "/it-ftr- purpose land administration proposed by Enermark. et

al.,(2014) which is flexible as it listens to what communities are used to.

Summary of the Key Findings

a) The mechanisms of adjudication used in both cases were also a factor to in-

equity. The use of sporadic or spot adjudication in Handeni District resulted

into what Ole Kosyando (ibid) called land grab as some individuals lashed to

register land which they were not using by then. In the Mbozi case, the mech-

anism of systematic adjudication during boundaries adjudication was a suc-

cess but since actual titling and registration became sporadic then many land

rights remained unregistered hence insecure for the owners. A good example

was in Sakamwela village where only 200 parcels were titled and registered

out of 800 systematically adjudicated parcels.

b) The government actors were very much concerned with the issue of gender

access and rights protection and ensured that the names of the females were

included in the CCROs during the formalizationprocess.

c) The approach of using claims of existing land rights contributed to the failure

of equitable distribution of land and access as there was no room for consid-

ering those who needed land for their use; This implied that faimess and jus-

tice in considering and allocating land to those who needed land had no

chance during the formalizationprocess; Also laxity in titling and registration

left systematically land rights unregistered and hence this brought about ine-

qualities.

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155

The use of the tsrm "customary" contributed to the failure of equitable distri-

bution and access because some segment of social groups were regarded as

foreigners; hence denied even their longstanding occupation and the use of

the land, this was particularly so in the Handeni Case Study where the use of

the term 'customary' in the formalization process, affected pastoralists.

The Government, donor communities and NGos that participated in the for-

malization process made the process successful. NGOs such as LHRC and

TPHGO which participated in the Handeni Case acted as watchdogs to see to

it that rights of the diversity of social groups such as pastoralists and women

and others were considered during the process. This, supported the promo-

tion of the equitable distribution ofland access to land a success.

Lack of control of the village land: This is a result of the fact that local gov-

ernment at the village level does not have control over land it is in the hands

of clans, families and individuals. A local government which does not control

land is almost irrelevant given that the concerns of rural people are so focused

on land (Bruce, 1994; Sundet, ibid).

4.2.3 Objective 3

To identify factors and actors that have contributed to the success, problems

and or failure of the equitable land distribution of and access in the land for-

malization process at the household and village level.

(, Unregulated Customs and Traditions

d)

e)

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Results from interviews with key informants recognize that ethnic groups are diffi-

cult to control and that there are disparities of these groups so the use of customs and

rules affects the notion of public land concept. Results in BOX 4.5 show the view of

the key informant on the effects of customs and traditions on promoting equity. The

National Land Policy of 1995 recognizes the customary law but in practical terms

there are no checks and balances mechanisms to verify them.

Box 4-5: Effects of Customs and TraditionsSection 20(2) of the Village Land Act is vital in handling the disadvantagedgroups but customs and traditions which exist are o bottleneck as they cannot bechanged".

Source: Interview with Key Informant at the Ministry of Lands, 41712012

Plate 4-4 shows the representatives of the pastoralists during discussion (Focus

group) with the researcher in the Office of Bongi Village Executive Officer.

Plate 4-3: FGD with Pastoralists at Bongi Village Land Registry

Source: Photo by Mr.Godwill Richard on9l8l20It;-

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Results from this discussion blamed the use of the term "customary tenure" inthatit

was interpreted by the village leaders as referring to the local ethnic groups and

communities where fore-fathers or ancestors of the ethnic groups lived. This act dis-

criminated against the pastoralists as they were not regarded as people originating in

the land, as they had just settled in the village; they thus lost their longstanding land

access rights mainly for grazingand medicinal purposes. Results showed that the so

called local or indigenous people appeared and claimed rights to land which they had

neither occupied nor used for generations but claimed that their ancestors had once

lived there or were buried there.

Results showed also that lack of traditional leaders or elders with indigenous spatial

knowledge (ISK) including customs and traditions concerning various rural areas and

their history, have affected the fair treatment during the formalizationprocess in both

study areas. This concern was also raised by Fairley (2013) who pointed out that

customary systems are usually managed by a land or village chief, traditional ruler or

council of elders. Lack of this composition in our villages has made it easy fot for-

mal village leaders to sometimes collude with unethical individuals to abuse the cus-

toms and tradition.

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158

Results in Box 4-6 narrate the effects of unregulated customs and tradition on equita

ble distribution and access to land especially with respect to gender equity.

Box 4-6: Effects of Customs and Tradition on gender

"There is a challenge of gender inequity because of Nyiha tribe which dominatesEast Mbozi constituency. For Wanyiha the issue of gender equality had improveddue to sensitization. Nyiha families are polygamists such that in case when a malehead of household dies disputes over property inheritances arise."To avoid such oc-currences, women are being involved because in most cases those men are the oneswho die first. Wanamwango ore quite exploitative, especially those from Zambia,and in most cases they do not like women to participate in the decision-making pro-cess " .

Source: Interview with a Key Informant at Mbozi Land Office. 1510612012

Similarly, data in Box 4-7 show the results from interviews with key informants in

Handeni District which prove that control of land is in the hands of clans and fami-

lies and not the VLTIs.

Box 4-7: Customs and Land Access in Handeni Case Studv

Source: Interview with a Land Official at Handeni Land Office on 8.08.2012

This implies that inequities and inequalities in land ownership will persist unless

there is a joint effort to clear misunderstandings of the legality of land in the villages

by the government otherwise the landless will remain landless unless other land mar-

According to the Wazigua tradition, lqnd is inherited; therefore if one wants land he

or she has to apply for it from the clan of the family group. Land is inherited; other-

wise one has to apply for it from the clan land because many communities live on

clan land. Our clan of Mbuzini has many individuals. In some villages there are

Iandless who are engaged in non-farm or agricultural activities.

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159

ket forces such as redistribution are in place. As observed and reported by Ole Ko-

syando (2007),joint titling and registration by women and men was the exception

rather than the norrn, and men, often in polygamous marriages, registered all proper-

ty under their name.

(ii) Results on Mechanism and Approach to Formalization

Analysis of data on formalization from both case studies shows that the use of spo-

radic registration left many land rights undefined and insecure. This Optional regis-

tration allowed those whose land had been systematically adjudicated to opt to regis-

ter or not register their land rights. In the Mbozi case, for example, systematic adju-

dication adjudicated boundaries of about 971 land rights in Sakamwela village but

only 207 CCROs (21%) of these were titled and registered; in Msia village there

were I 104 adjudicated parcels whereby only 200 CCROs (18%) were titled and reg-

istered. This implies possibility for intra-generational inequity as the identified rights

among various social groups such as male and female, children and others are not

known in the village land register. Feminist theory is concerned with the emangipa-

tion of both male and female.

In the case of Handeni, the use of spot or sporadic adjudication left many rights un-

registered as the approach depended on the voluntary claims by the would be land

owners. Results show that in Bongi village, for example, formalization approach of

spot adjudication created what Ole Kosyando (2007) called new landlords and for-

malized landlessness. Results from the interview with the village executive officers

showed that the identification of land owners during the adjudication process was a

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160

challenge to the village leaders as they did not know the owners of some parcels es-

pecially those which were not developed.

Results in BOX 4-8 show the position of the legal officer on the issue of landlessness

in the formalization process.

Box 4-8: Remarks of a I Officer on Formalization and Landlessness

Source: Interview with a Senior Lesal Officer in the MLHHSD on 4.7.2012

It is apparent that the formalization process did not entail allocation as provided for

in the policy, laws and regulations which means that one who had no land to claim to

be formalized(adjudicated, titled and registered) will remain as landless.

(iit) Formalization Approach of sporadic registration

Results from the interviews with key informants at the MLHHSD and at MKU-

RABITA showed each had approaches of registration of rural land rights as claimed

by the existing users. There was no redistribution or assessment of the land rights

needs among villagers. Although the PRSP recognized the rampant inequalities in

terms of rural land ownership patterns the implementation strategy of the Village

Land Act aimed at recording the existing land rights without considering earlier ob-

served inequalities in land ownerships. The PMU of MKURABITA though focusing

on the testing of the functionality of the enacted new land laws, attempted to address

the issue of sex by ensuring the inclusion of the names of women in the titled and

registered land rights.

There is no consideration for vulnerable groups, the status quo will be maintained,and if one is landless then he or she will remain landless.

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This result is similar to what Smith (2008) contends when he refers to formalization

as a documentation that builds a public memory that permits society to engage in

such crucial economic activities as identifuing and gaining access to information

about individuals, their assets, their titles, rights, charges and obligations; establish-

ing the limits of liability for businesses; knowing an asset's previous economic situa-

tion; assuring'protection of third parties; and quantifying and valuing assets and

rights. Sporadic registration as a factor enabled the knowledgeable elite to register

their rights while those who were not aware of the importance left their rights inse-

cure.

(w) Village Land Tenure Institutions (VLTIs)

Results from interviews with key informants on their ability to allocate land, showed

that these institutions, particularly the village assembly, rarely meet to approve a land

rights claims. This result was witnessed in seven villages visited in Mbozi district

and even the senior land officials confirmed that these meetings are rarely called. In

Handeni, results from interviews with respondents showed that these institutions

meet to approve land rights claims but they have no land to allocate as all land be-

longs to individual clans and families.

The Composition of the Village Assembly: According to the Local Government (Dis-

trict Authorities) Act No.7 of 1982, a village assembly is composed of all villagers

aged 18 years and above and it insists that atleast 50% of this group must attend the

meetins for it to be valid.

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Results in Table 4-L7 show that by year of 2012 Msia village assembly was com-

posed of 2,988 members. From this table it is apparent that such a number of mem-

bers to the village assembly can be ineffective when it comes to making decisions.

The composition of the village assembly depends on the population of each category

of sex. Such a composition is ineffective and that is why results from interviews

showed that the VA meetings were rarely convened for the purpose of approval of

land rights claims. Results from the examination of village documentation in all the

nine villages did not show any evidence of the minutes of the village assemblies.

This problem is structural because not every issue is sensitive to all villagers to the

extent that members may always wish to attend the meeting in which they are mem-

bers. The experience of the researcher shows that in some cases, members to the Vil-

lage Councils all attend the meeting if they are sure that there will be a sitting allow-

ance. This has always been the cases in land deals that need evidence of meetings of

the VC before the application is forwarded to the higher authorities for approval.

Where VLTIs as local government institutions are weak and ineffective then fairness

and justice become a nightmare. Bruce (1994) remarked on this situation 20 years

ago by saying that control of land and viable local government seem to be inextrica-

able 4-17: Members to Villaee Assemblv in Ivula Villaee in MboziS/N Category Number

I Total population 6288

2. Children under the age of 18 years 3300af Number of households 1 5364. Village Assembly Members(6288 less 3300) 2,988

Source: Iyula Village Executive Office, 2012.

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bly tied together in rural Africa. A local govemment which does not control land is

almost irrelevant, given that the concerns of rural people are so focused on land

(Bruce, 1994).

(v) Methods of Land Access

Land in rural areas, as is the case. even in urban €reas, can be accessed by inheritance,

direct acquisition (buying) or free allocation by the government authority.

Results in Table 4-18 indicate the sexes of beneficiaries of formalization and how

they accessed land which was formalized.

Table 4-18: Sex and Means of Land Access

Source: Field Data, 2012

Note: VA :Village Authority; I :Inheritance and DA :Direct Acquisition

Results show that 179 beneficiaries (57 .9%) got land through inheritance while direct

acquisition (buying) amounted to 79 beneficiaries (26%) and the allocation by village

assembly was to 49 beneficiaries (16.1%). In the sexual analysis, results show that,

25 female (62,5%) and 151 male (59.4%) got land through inheritance. Direct acqui-

sition which means buying from owners was the second means of access whereby l0

female (25%) and 67 male (24.6%).

SexMethods of Land Access

TotalVA I DA

Female Frequency 5 25 10 40

%o within sex 12.5o/o 62.5Yo 25.UYo r00.0%

Male Frequency 36 l 5 t 67 254

%o within sex 14.2% 59.4% 26.4%;o 100.0%

Count 49 t76 79 304

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164

Results in Figure 4-7 below present a graphic view of the land access. It is apparent

that inheritance takes a lion share in land access whereby out of 262 benefrciaries

176 beneficiaries (67.2%) inherited land. Inherited land is a clan or family land un-

like a self acquired land.

Means of Land Access in the Studv Areas

Direct Acquisit ion

lnher i tanceI Number

Village Authority

Figure 4-7: Means of Land Access in Both Study Areas

Source: Field Data, 2012

From the experience of the researcher, even where an individual buys land from an-

other person, the law requires the VLTI to certifu the transaction. Those whb ac-

cessed land from the village authority were allocated unoccupied village land, some

of which resulted into disputes as village assemblies did not approve them, for ex-

ample, in Iyendwe and Sakamwela villages. As the results show, this implies that

those whose parents had no land to allocate to their heirs could remain landless.

This applies to those who had no money to buy land and meet the cost of land acqui-

sition which includes meeting the cost of the village council to consent the land sale.

Similar results by FAO show that disparities on land access are one of the major

causes for social and gender inequalities in rural areas.

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165

Gender differentiated rights to land have implications on rural food security and nu-

trition as well as on the wellbeing of rural families and individuals.

Data in Figure 4-8 present the challenges facing village leaders in the administration

of the village land.

Figure 4-8: challenges to village Leaders on Village Land Administration

r Lack of land todistribute

r Lack of Capacity

r Land Disputes

Source: Interview with Leaders from Case Villages,2}l2

It shows that out of nine leaders interviewed, 2 (22.2%) mentione d capacity io ad-

minister village landwhile 4 (44.4%) mentioned land disputes while 2 (22.2%o) men-

tioned the lack of land to allocate as challenges while 1 leader (IIJ%) had no com-

ment. These rdsults concur with the concerns raised by respondents on the formaliza-

tion process who said lhat these village leaders and their councils do not have land to

allocate as the land belongs to individuals through their clans and families.

Results from interviews further showed that some village leaders such as the Chair-

persons of Iyendwe and Sakamwela villages respectively were ousted from power by

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the Village Assemblies following allegation that they alienated land to non villagers

without the approval of the village assemblies. However, the land allocation, though

unapproved by the VLTIs, was registered at the District Land Registry. Similar re-

sults related to land conflicts particularly between farmers and pastoralists were re-

ported by the representative of TAPHGO. Results further show that the approach to

formalization was not in the hands of village councils hence rural communities be-

came aware of the purpose of the project in its final stage when they were asked to

fill in applications for certificates of rights of customary occupancy. Similar results

by Ole Kosyando (2007) showed that formalization process in Handeni case raised

awareness of land ownership to "near hysterical proportion", paving way for unantic-

ipated rash for land rights claims or grabbing.

Results from interview in Box 4.9 show how weak the VLTIs are especially when it

cames to equitable land distribution in the formalization process.

BOX 4-9: Available Land Access Approach for the Landless

An individual can only get land by hiring from those who have enough land. In this

village we have families with land which is enough for leasing out to others for de-

velopment.

Source: Interview with the Key Informant in Mbuyuni Villaee on8l8l20l2

The weakness of these institutions emanates from the fact that they lack legitimacy

when it comes to decisions of land allocation. Besides. members to these institutions

are the customary owners of the land and thus can end in conflicts when one member

senses the possibility of losing his or her land rights.

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As land distribution roles were delegated to the VLTIs, the study asked respondents

to explain their perception on the abilities of these institutions to allocate village to

their villagers.

Results in Table 4-19 show the extent of satisfactions from the respondents.

Table 4-19: Extent of Satisfaction by Sex and Institutions for VLTIs to AllocateLand

Source: Field Data, 2012

Kev:Very Much satisfied - can best allocate village land; Much satisfied - can fairly allo-

cate land; Satisfied - can allocate; Very Little - can poorly allocate land.

Those who were very much satisfied that the VLTIs can allocate land to villagers ad-

equately werc 32 in total whereby male were 27(8'a.a%); female 2(6.3%) and the NA

represented directors of organizations which were23(9.4%). As results further show,

102 respondents (33.8o/o) werc satisfied and in terms of sex 16 female (15.7%) and

81 male (79.4%) were in this category.

Figure 4.9 below presents a graphical situation on the perception of respondents on

the ability of VLTIs to manage the village land. These results are in line with the re-

sults from interviews with respondents who said that village councils do not own

Extent of SatisfactionSex

TotalFemale Male lnstitutionsVery Much Satisfied 2(63%) 27(84.4%) 3(e.4%) 32Much Satisfied e(r2.7%) 6r(8s.e%) r(r.4%) 7 lSatisfied r6(rs.7%) 8r(7e.4%) s(49%) t02Very Little t3(r3.4%) 83(8s.6%) 1(1 .0%) 97

40(13.2%) 2s2(83/%) r0(33%) 302

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168

land. In practice, these institutions have been helpful in acting as witness when land

is transferred from one hand to the other.

Figure 4-9: Respondents' Perceptions on the Ability of VLTIs to Distribute Land

Source: F ield data, 2012

The results presented above concur with the result by Fairley (2013) that national

policies designed to incorporate all land in a one-size-fits-all cadastre are unlikely to

tecognize the variability of environmental conditions or differences in regional and

local histories, politics, and economic circumstances. The findings from this study do

not differ from those of Fairley (2013) that the policies and strategies behind rural

land rights formalization in Mbozi and Handeni Districts have made some existing

land rights insecure that is why there had been elements of land disputes between and

among social groups.

As previously pointed out by Fairley (ibid), lack of recognition of congruence be-

tween daily needs of rural social groups and everyday lives, on one hand, and gov-

ernment intervention, on the other, and has made formalization inequitable in terms

50

,40b0s30Ezotu10

0Agree

stronglyAgree Neither Disagree Strongly

agree or disagreedisagree

r Handeni:Mbozi

Page 192: Tiba PhD thesis

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of intra-generations. This implies that formalization process was to a large extent

void of assessment of the land rights needs among various groups as the process con-

centrated on the registration of the existing rights which in essence were distributed

in an inequitable manner.

Summary of the key Findings

a) In both case studies, participation was in the form of showing boundaries of farms

during boundaries adjudication and for some, during the attendance of the statuto-

ry meetings of the village councils and village assemblies. Furthermore, close par-

ticipation was in the case of Handeni District as their mission was to test the

workability of the new laws but in the Mbozi case participation was effective dur-

ing the systematic adjudication and became ineffective afterwards.

b) Mechanisms used for formalization were Systematic and spot or sporadic bounda-

ries adjudication in both Case Studies. On titling and registration both cases used

the sporadic titling and registration. This approach left many land rights insecure

especially in the Mbozi Case where a lot of resources (financial and human) had

been used to systematically adjudicated boundaries of many farms. Generally, the

process lacked what Shao (2008) calls democratic participation as some segments

of village assembly members (the pastoralists in Handeni District) were denied

land rights access.and ownerships for the areas which they had been using for

grazing purposes for many years.

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170

4.2.4 Objective 4

To idenffi roles played by central and local government institutions and villagers

towards promotion of equitable distribution of and access to land to the household

and village levels.

Results in Table 4-20 below present actors and the roles which they played or where

expected to play in the formalization process in both case studies.

Table 4-20: Main Institutions and Villagers in the Formalization Process

Institution RoleMinistry of Lands, Hous-ing and Human SettlementDevelopment (MLHHSD)

Ensured implementation of the VLA by initiating apilot in Mbozi District; Surveyed Villages and is-sued Certificate of Village Land; Supplied relevantstationeries in pilot villages; Applied Systematic ad-judication and provided land professionals; con-structed village land registries.

President Office Facilitated operation of the PBFP through fundingDonor Communities(World Bank, EU)

Provided funding in the formalization process

Village Council Received claims for land rights and had to submitthem to the Village Assembly.

Village Assembly Approve or reject land rights claimsMKURABITA Coordinated the process in Handeni Pilot by financ-

ing the process; employed spot adjudication; hiringof staff in the formalization; built the village landregistries; ensured compliance to the laws in pro-moting equity by including names of women in theCCROs and coordinated land use plans and villageby laws; constructed 7 village land registries.

Handeni and Mbozi Dis-trict Councils

Ensured compliance to the local government laws;land officer registered CCROs, participated in theprocess through technical staffand village leaders.

Villagers Showed the boundaries of the land they owned;members to the village assemblies and some to thevillage councils; clarified on customs and norms re-lated to villase land tenure

Source: Own Construct, 2014.

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Villagers in both case studies played two roles as land owners who had to show the

boundaries of their land so as to facilitate adjudication process; as members to the

Village Councils and Village Assemblies they played the role of approving the

claims of land rights as submitted by claimers.

Results from Mbozi Case Study showed that the Ministry of Lands, Housing and

Human Settlements Development and Mbozi District Council (referred to as gov-

ernment institutions) played a significant role in promoting intra-generational equity

through the use of systematic adjudication whereby land rights owners were record-

ed.

Results in Figure 4.10 shows how systematic adjudication ensured identification of

ownership patterns by showing sex of owners including cases where male and female

owned the adjudicated lands.

Number of owners

Male and Female

I Number of owners

Figure 4-10: Results of Systematic Boundary Adjudication and Sex in Mbozi

Case Study

Source : F ield D ata, 20 12

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Results from Figure 4-10 further showed that in Mbozi District, only 35 female

(I3.4%) had the boundaries of their farms adjudicated as sole owners. As the objec-

tive of the exercise was to record claims as they were submitted, it is apparent that

the process did not address the problem of inequity that still exists in these areas.

Results from interview with key informants show that the adjudicated team played a

significant role of ensuring cultural norrns which biased against women on clan land

are not entertained. Unfortunately, it was beyond the scope of this study to investi-

gate this matter.

This was a good start for the promotion of equity as the names of both male and fe-

male were made clear during the initial adjudication process. However, this was in-

adequate as there was no clarification on the rights of those mentioned, for example,

results of the archival documents showed names but did not describe relationships of

those who were mentioned. As pointed out earlier, this effort was half-baked because

during the actual titling and registration of land rights, the govemment left the pro-

cess to be optional resulting into some rights remaining unrecorded. This appqoach

made the entire process inequitable in term of intra generation.

(i) Promoting procedural/participatory eq uity

Results from interviews showed that these institutions were supportive in ensuring

that there was proof of ownership whenever there were alienation between one vil-

lager and the other. From the interviews with respondents these local institutions,

namely, the Village Councils and Assemblies are legitimate when it comes to making

decisions on the welfare of villases and their members.

' l

I

I

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In the context of the promotion of distributional equity, results from interviews with

key informants and progress reports showed that the process of formalization did not

include new allocation or distribution of land; therefore, the roles of the VLTIs was

to prove if the presented land rights claims were authentic or not. Unfortunately

enough, results from interviews with key informants at the District level showed that

meetings of village councils and village assemblies were rarely conducted and where

they were convened there was no evidence in the form of minutes of either a village

council or a village assembly to show decisions on the land rights claims. The pro-

cess of formalization did not entail actual distribution as there were approvals of land

claims as submitted to the village assembly for decision making. Although formali-

zation in Mbozi District did not involve preparation of village land use plans, results

from observation in the offices of villases that the researchers visited showed that

there were village land use plans.

The presence of village land use plans was an indicator for the existence of descrip-

tion of the uses of land which if complied with can help the current and future gener-

ations hence inter generational equity.

Data from the formalization implementation reports showed that the MLHHSD

played a significant role in the form of sensitization of the village land law and the

importance of formalization of land rights of villagers, and revealed the provision of

funds (with the support of donor community such as the World Bank etc), provision

of technical staff especially land surveyors and cartographers who prepared aerial

photos, adjudicated boundaries of parcels and the actual certification of land rights in

pilot villages within the areas. Results from interviews and focus group discussions

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174

in Mbozi case. study showed that the Central Government played a role of financing

the design and construction of village land registry in some pilot villages so as to

host the effective administration of the village land. However, results from observa-

tion in the case villages such as Iyendwe, Ikana and Namchinka found that the offic-

es had no facilities for storage of land records. These villages are implementing for-

malization in a sporadic approach.

Although the Village Land Regulations (2001) require that in each village there

should be a village land register, results from observation during the field visit in

Mbozi and Handeni Case Studies found that only one village of Msia (pilot village)

out of the nine sample villages had a village land register and this amounted to

Il.1% of the sample villages.

This has a long-time effect on the entire villagers and others as they cannot access

land information especially when a need arises such as transfer, mortgage, or proof

before the court of law in case of a dispute.

Results further showed that, actors in the formalization process could not play their

roles adequately in protecting rights of lulnerable groups especially married females

because as analyzed earlier in this study about 164 (62.1%) manied male claimed

their land rights as single individuals and later they were titled and registered as such

without guidance of the registrar of the customary rights of occupancy. This result

implies that key actors could not adequately play their roles of protecting rights of

some vulnerable groups like women and it is a good indicator the actors were not ef-

fective in promoting access to land by women as provided for in the laws, policies

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and regulations. These results were also noted by Hanstad (2014) who argued that

the existence of laws, policies and regulations protecting women's rights does not

mean that women can actually exercise those rights.

Table 4-21 shows the decentralized powers of land size distribution as provided for

under Regulation 76(1) of the Village Land Regulations, 2001 of the 1999 Village

Land Act.

Table 4-21: Consent on Village Land Size Holding in Tanzania

SA{ Land Size (Hectares) Consenting Authority

I 0-20 Villase Council to consent

2. 21-s0 District Council to signify in writing to the vil-lage council that it consents to that application

3 . More than 50 Commissioner of Lands

Source: Village Land Regulations, 200i

Legally, joint ownership applies well where owners acquired land at one time but as

majority of rural male inherits land before marriage then the jointly registered rights

are tenancy in common. Results further show that the decentralized role of the

VLTIs to distribute land to villagers was abused as some Village Leaders (Chairper-

sons and Village Executive Officers) allocated or alienated village land to outsiders

without the approval of the VLTIs resulting into land disputes. These malpractices

forced Assemblies of the villages of Sakamwela and Namchika to remove from of-

fices Chairpersons of the respective villages based on the provisions of the Local

Government (District Authorities) Act No.7 of 1982. The misconduct of these lead-

ers resulted into the distortion of the intra-generational equity as available land for

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future distribution and access among villagers was compromised through inequitable

distribution to those regarded by the villagers as foreigners.

Results from the village land registers showed that village institutions did not abide

by the requirements of this law in performing their duties in this matter. The data

showed that in Iyendwe village, for example, about 22 respondents titled and regis-

tered their land rights out of which 3 respondents (13.64%) registered land with area

above 50 acres without the approval of the VLTIs as there was no evidence in the

office. Results further showed the decentralized functions of allocating land to

VLTIs were not effective in the study areas as village leaders colluded with the "GIS

Pioneers" to fast track sporadic adjudication without considering the allowed farm

size of not more than 50 acres. This practice was popular in villages where adjudica-

tion was sporadic such as Iyendwe, Namchinka, Nkangamo and Ikana. In Namchin-

ka village, for example, results of the analysis of the data from the district land regis-

try (as the Village had no Register of Village Land) revealed that one individual had

acquired about 200 acres spread into 8 CCROs each with approximately 49.02 acres.

Data showed that for example, the holders of CCRO No.43MBZ 117581 and

43MBZ|I7588 had 81.273 and 90.871 acres respectively making a total of 172.144

acres. In Iyendwe Village, results from interview with respondents realized that vil-

lage institutions were not playing their roles in controlling land sizes. In this village,

results show that one respondent had formalized about 13 separate farms (each with

an area of at least 49.3 acres) and all ten parcels were registered in his name making

a total area of 494.856 acres while the rest farms were resistered in the name of his

wife. Similarly, results also show that out of 41CC;, registered, one person

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owned 3 separate farms in his name (62M82119567, 62MBZ|571 and 62MBZ 1572)

making a total of 93.553 acres.

These results imply that the VLTIs did not play their role of ensuring that land size

above 50 had to be approved by the District Authority as provided for in the Village

Land Regulations. These results have equity implications because if the village land

transfers go on like this there is likelihood that in the near future, there will be no

land for allocation and access to the landless and the young generation. These

CCROs were registered without the approval of the village councils and even the dis-

trict land allocation committee as required under the Village Land Act No.5, 1999

and thus they are null and void.

Results of this nature had earlier been mentioned by Deininger (2003) who said that

one of the problems of using sporadic adjudication during the first time registration is

that the well-to-do people (elite) can use the chance to grab land belonging to others

or which is needed for common use etc. The participatory approach which is known

as systematic adjudication would have been useful if and only if the government had

continued using it. However, even where it has been used as was the case in Mbozi

District, the actors let the actual documentation of land rights became sporadic hence

the turned out to be insecure. According to the Village Land Act No.5, 1999, Village

leaders have a role of coordinating the preparation of CCRO through consultation

with the VLTIs, but results from observation and interviews with key informants in

Mbozi District show that in villages such as Iyendwe, Namchinka, Ikana and Nkan-

gamo where adjudication methods was sporadic, land owners who wanted to formal-

ize thefu land had to seek the service of the GIS Pioneer (an individual who can use a

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hand-held GPS) to survey their farms. Then the GPS Pioneer had to accompany the

landowner to the village where land is located to undertake boundary adjudication.

+Results in Plate 4.p show the process of preparation of a map to be affixed on the

CCRO. It is a computerised process which is possible at the District and not at every

rural environment.

Plate 4-42 Computerised CCRO Preparation in the Mbozi Case Study

Source: Photo by the Researcher on 1510612012Results from interview with the key informant and observation showed that this plan

of a parcel was being prepared by GIS Pioneer in Mbozi Land Offrce after the spo-

radic boundary adjudication. From this plate, the names such as Paulo Sichalwb and

Salama Njisiwe refer to neighbours. Other details such as Shamba Na 83 mean Farm

No.83 while Ekari means acres (7.065 acres). The adjudication process uses general

boundary approach which has no fixed beacons.

The work is done in GIS Laboratory. "GIS Pioneer" accompanies the land owner to

the village; meet the village leaders and some neighbours to verify boundaries. Re-

sults from the interview with kev informants show further that after the GIS Pioneer

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had taken the details of the boundaries of the land, they prepared the farm plan and

the Certificate of Customary Rights of Occupancy (CCROs).

After the CCRO is ready, it is signed by landowner(s) and then taken to the village

leaders for signature and back to the District Land Officer (register of customary

rights of occupancy) for registration. This process of sporadic titling and registration

entails what can be regarded as 'going back andforth" for the rural land owners and

thus it is expensive. Data on Ikana village which has an area of 4519 Ha show that

there are only 23 parcels with total area of l98l.93 acres had been adjudicated, titled

and registered but the village has a population of 654 people. Speculators had ac-

quired and registered their land in this village because the land is along Tunduma-

Sumbawanga Highway and the soil is said to be fertile and suitable for paddy farm-

ing.

The result on the preparation of CCROs at the District level in Mbozi was also ob-

served by Fairley (2013) which implies that the roles of the village leaders, particu-

larly the village executive officer, to prepare customary rights of occupancy, are not

performed at the village level as claimed by the government.

Reports from the Program Implementation Unit (Pru) of MKURABITA, the partici-

pation and progress of NGOs and the interviews with respondents showed that

MKURABITA played key role in collaboration with the villages during the pilot

stage. Results from interviews with the key informants showed that in Handeni Dis-

trict, there was a team of graduate students who were hired from the then University

College of Lands and Architectural Studies (UCLAS) now Ardhi University ,to par-

ticipate in the implementation process of the exercise.

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Data further showed that Handeni District Council and Village institutions mainly

village councils and the village assemblies(VlTls) had a role of receiving processed

documents from the implementation team and endorsing them and chair relevant

meetings to discuss and approve or reject the application of land rights claims. It is

obvious that as the exercise was a project with a fixed period of time (82 days) every

planned activity had to be done as scheduled and meet the mission plans as expected.

Results from interview with PIU members at MKURABITA and a report by Ole Ko-

syando (2007) showed that the plan was adjudicate 3500 farms in 7 villages but by

the time the exercise ended, only 617 CCROs had been prepared. There were several

planned activities related to the formalization process in the Handeni Case Study as

summarised in Appendix 2.

Results from literature and interviews showed that MKURABITA played a signifi-

cant role of coordinating closely the procedure for approval of land rights claims as

they were submitted to the Village Land Tenure Institutions for either approval or

rejection. In the context of intergenerational equity which required setting land use

rights for present and future use, results showed that there was participatory guidance

for preparation of village land uses plans including by-laws so as to ensure compli-

ance and enforcement. The preparation of village land use plans was one of good

achievement in the context of sustainable development or intergenerational equity as

they defined land uses classes for current and future uses. With the village use plans

there were areas set for future use; current use by different groups such as pastoral-

ists and peasants etc. It was unfortunate as results from Bongi village showed that

some individuals were against the proposed land use plans claiming that their land

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had been taken. In practice, one of the weaknesses of the theory behind approach in

the preparation of the village land use plans is the assumptions that unoccupied land

in villages is not owned and thus these plans tend to impose land uses rights on the

user rights of other people resulting into land related conflicts and hence inequitable.

Even Deininger. et.al., (2012) were concerned about this wrong practice inTaruania.

Results from interview with key informants and the available documentation show

that the roles of MKURABITA in the Handeni case study was to test the workability

of both the Village Land Act (VLA) of 1999 and the Land Use Planning Act No.6 of

2007 which had just been enacted by then (ole Kosyando, 2007, MKURABITA,

2007).

Data in Box 4.10 is a result of interview with key informant in Bongi village who

blamed the District Land Office for interfering with, adjudicating, titling, registering

and issuing a land rights to an individual without the approval of the Village Assem-

blv.

Box 4-10: Weakness of District land Office in Village Land Administration

One non Governmental Organization (NGO) applied for land from our villageto construct a University and villagers agreed as they expected to benefit fromthe service in the form of employment and enrolment of their children. Later

on, we came to realise that the NGO had neither such a plan nor ability to do

so.

rce: Interview wi gr xecutlve

In line with the narration made in Box 4.10, results from archival records in the Vil-

lage showed that two individuals who identified themselves as representatives of

Mwenge University College of Education were allocated land of 364.9 acres vide

CCRO No.8/HDN/129 of 3010812010 for development of a University in the village.

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Results from interviews with the key informants at both the village and district levels

showed that the District land allocation Committee was not consulted to approve the

land distribution as the law requires. In such transactions, the Trustees Incorporation

law requires that those accepting allocation of land on behalf of the registered trus-

tees must be registered trustees. Results from records and interviews with the key

informants showed that during the allocation of land they did not verify if those who

accepted the offer were registered trustees of the Catholic Diocese of Moshi or not.

This implies that those entrusted with the power to manage village land are not

knowledgeable with the law and thus compromising availability of land for the future

generation in their villages. During the field visit in the village, already a letter with

Reference Number I/SKJ/BG 12812012 undated had already been drafted to go to the

Permanent Secretary of the Ministry of Lands, Housing and Human Settlements De-

velopment (MLHHSD) to revoke the CCRO, This, again, is an evidence that the Vil-

lage Leaders who have been delegated these sensitive roles do not understand the

village land administration procedure.

Furthermore, results from progress and implementation reports showed that PIU of

MKURABITA was strict in the coordination to ensure that all land rights claims

were presented to the meetings of the vill4ge assembly for approval. However, Ole

Kosyando, (2007) who participated in the exercise argued that these meetings did not

ascertain sizes or boundaries of the claimed land rishts. Results from the interviews

with the key informants at all levels that particip"r; in the program could not pro-

duce the minuies of the VA to show the details of those who attended.

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Ole Kosyando (ibid) reports that there was quite some struggling from practically

everyone to grab as much unused land adjacent to one's farm as was possible. In this

process of land grabbing, backed by a misconception of the "customary" right of

occupancy, those claiming that their ancestors were buried under certain land and,

therefore belonged to them, displaced a lot of people. As Ole Kosyando (ibid) report-

ed, the misconception of the word 'customary tenure' resulted into indigenous com-

munity, mainly the Wazigua and Wabondei, removing from land some communities

mainly the pastoralists. Results from interviews and focus group discussions with

representatives of pastoralists in Bongi village revealed that the village leaders could

not enforce the approved land use plan because of the misconception of the term cus-

tomary which was used to deny those rights to the use of the designated areas for

grazing purposes. These results serve as evidence that the formalization process has

been inequitable in terms of land distribution and access to by all social groups as

stated by the National Land Policy (1995).

Save for the involvement of the VLTIs in endorsing or rejecting land claims, cgrtain

social or occupational groups particularly the pastoralists became vulnerable as the

land that they were using for grazing purposes was claimed by other villagers. These

results imply that the entire process for distribution was inequitable in the procedure

or participation. As argued by Mc-Dermott (2011) regarding the contextual equity,

unequal power (re)produces inequity in its other dimensions which in essence means

that in the Handeni Case Study there were some social groups which were powerless

in the decision making process, hence the in-equitability in the process and thus in

the outcomes.

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Results from literature showed that one of the roles of the villase leaders is to ensure

that statutory meetings are convened to deliberate on the village land issues. The in-

dicators for this were the village minutes for both village assemblies and village

councils; however, results of the interview with the village leaders in all nine villages

visited proved the absence of those records. In Bongi village, there were files with

some application of customary rights of occupancy but applicants could not differen-

tiate between joint tenancy and tenants in common as co- occupancy, hence even rel-

atives like brothers and sisters or son and his father, registered their land jointly

without the consent of the court as required under the law. This situation is caused

by the fact that these leaders had no experience of land titling including co-

ownership issues like these.

(ii) Administrution of the village lands registers

The study was interested in assessing the availability of land registers which in turn

provide land information at the village level. Results from observation showed that

registers were provided in the Handeni Case Study while in the case of Mbozi it was

only in the pilot villages such as Msia and Sakamwela.

Results in Box 4.11 show the remark of the Ministry on the administration of village

land resisters.

Box 4-11: Position of the MLHSD and Land ters at the VilVillage land registers ore at the district land ffice; therefore, if there is a personwho wants to examine land ownership information about a farm he or she has to goto the district land ffice.

Source: Interview with the Senior Land Official on 11 Jnly,2012

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The remarks in BOX 4-11 is against the provisions of the law as it requires every

village to have a register of the village land. The district keeps records of registered

CCROs but each village is supposed to have a register for regular scrutiny by villag-

ers and other communities. Results from the examination of the records from the

Mbuyuni Village Land Register showed the programme prepared 49 CCROs but re-

sults from the District Land Registry showed that76 farms had been adjudicated, in-

dividualized and issued with the CCRO. This result implies that the role of preparing

the certificate of customary rights of occupancy is done at the District Land office

thus this role is theoretically decentralized but in practice it is still at the district lev-

el.

Results from a participation report by Mkulila (2007), who participated in the for-

malization process in the Handeni case study on behalf of the Legal and Human

Rights Centre (LHRC) showed that there were discrimination practices against mar-

ried women done by their husbands as they did not allow them to have their names

included in the registered land rights. There was a serious instance of polyganly and

other rituals of the Zigua community on women's land ownership that affected wom-

en (LHRC, 2007).Box 4.I2 shows result from interview with the Director of Proper-

ty and Business Formalization (DPBF) on the sexual issues during formalization pro-

CESS.

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In line with the view in Box 4.12, it is apparent that even where the names of female .'

were included in the CCROs and defined as joint tenancy, many of the co-owners

missed some of the four important unities of time, title, interest and possession

Box 4-l2z Perception on the Control and Ownership of Land Resources

"You lcnow Tiba, control of larld resources is still in the hands of men. "We should

not rely on the statistical data only on ownership patterns".

Source: Interview with the DPBFP of PBFP 12th Julv. 2012.

This remark was also raised by Hanstadt lZOt+) who said that measuring legal

frameworks may be the easiest route to assess secure tenure for women but the exist-

ence of these policies, laws and regulations protecting women's rights do not mean

that women can actuallv exercise those rishts.

As results showed earlier in this study, many beneficiaries accessed land through

inheritance hence the spouse did not acquire at the same time; they had no equal right

to possession of the whole land as their husbands inherited land before mariiage.

Thus, as some of these elements were missing, the formed joint tenancies were inef-

fective and thus can be treated as tenancy in common6.

s Tim Hanstad is CEO of Landesa, a global development that works to secure landrights for the world's poor women and men. www.landes.org

6 http://en.wikipedia.org/wiki/Tenants in-common#Tenancy in- common accessedon Tuesday, 6tn May of 2014).

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This result on gender inequity as narrated here is an evidence that the formalization

process and the actors had no power on the patterns of land ownership relations be-

cause what was being done was registration of existing land rights as claimed which

were already gender biased. As earlier reported, Ole Kosyando (2007) from Tanzania

Pastoralists, Hunters and Gatherers Organization (TPHGO) narrates on the failure of

government institutions to control land grabbing:

Village Councils and Assemblies approved nearly every application and there wasno way the meetings could ascertain the size or boundaries of the land under appli-cstion. There was quite some struggling from practically everyone to grab as muchunused land adjacent to one's farm as was possible. In this process of land grabbing,backed by a misconception of the "customary" right of occupancy, those claimingthat their ancestors were buried under certain land and, therefore belonged to them,displaced a lot of people. Pastoralists were among the main casualties of this newcriterion of land ownership (page 15)...The misconception of the word "Customary" in the Certificate of Customary Right ofoccuponcy could be a basis for discrimination and conflict. In the context of the pilotproject area, the perception that emerged around the word was that to do with thelocal, the traditional, the ethnic or the clan or wider family historicql right to theland, which should exclude others on those bases (page 22).

The above argument by Ole Kosyando is supported by the results from interviews

with key informants in the Handeni Case who admitted that the control of farm size

distribution as provided for under Regulation 76(1) of the Village Land Regulations,

2001 was impossible.

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Results in Box 4-13 show the results of an interview with the Director of Property

and Business Formalization Programme (DPBF) who supported concerns of Ole Ko-

syando(ibid) on the role of controlling land size during formalization.

Box 4-13: Roles of Managing Land Size in Formalization

Land size control is dfficult under formalization because you haveto delineate the area according to the information provided by theIand rights claimer there were no land size control.

Source: Interview with DPBF- MKURABITA onl3l07l20l2

Data from interviews with key informants showed that village land tenure institutions

could not manage the farm size as required under the Village Land Regulations. Re-

sults in Box 4-14 present the views of the Village Executive Officer on the issue of

controlling farm or land size during the adjudication process.

Box 4-l4z Causes of Failure to Manage Land Size in Formalization

Control of land size and legality of ownership was dfficult because the ad-judication team composed of the youth who were easily by passed (bribed)

by the land grabbers and after all they were not conversant with land own-erships in the oreas save for the clan issues.

Source: Interview with VEO of Mbuyuni Village on09l08l20l2

Similar result on the issue of setting of land ceiling came from the interview with the

key informant at the MLHHSD who argued that the land ceilings proposed in the law

have no control in practice and even those in existence lack management from higher

authorities. Box 4-15 shows the position of the key informant on the role and focus

of the Government on formalization process.

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Box 4-15: Position of the Government on the Focus of Formalization

Formalization is concentrating on existing land rights; therefore granting custom-ary land rights will depend on the ovailability of reserve land within a village area(r3/07/2012).

Source: Interview with the Senior Leeal Officer" MLHHSD on 1310712012

It is apparent from these results that the role of the institutions in the formalization

process did not aim at reducing the existing land inequalities and inequities experi-

enced in rural areas. In terms of participatory equity, the above statement implies that

the use of people who are not conversant with the traditional and customary issues

related to rural land can alter the patterns of rural land ownership. Results from ob-

servations in the sampled villages showed that much of the formalized land was bush

land; hence, it was only possible for the youth to walk in those areas to identiff

boundaries. Since the process was sporadic, adjoining neighbours were not always

available during adj udication.

Village land use plans are vital when it comes to inter and intra generational equity

as they define who is to use which land resources currently and in the future. Results

from interview with the Head of the Department of Lands, Natural Resources and

Environment in Handeni District Council showed that the VLTIs were not capable of

ensuring that the proposed village use plans are adhered to through the use of the ap-

proved by-laws. As discussed earlier, the experience of the researcher is that often

village land use plans are in many cases prepared in such a manner as to impose land

use classes on the rights of other customary land rights owners. This was the case in

Handeni District as farms owned by some families were proposed to be used as ei-

ther grazing areas or village forest without the consents of the owners.

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Box 4-16 presents the results from the interview with the Senior Land Official in the

Ministry of Lands, Housing and Human Settlements Development (MLHHSD) on

challenge of achieving the promotion of equitable distribution of and access to land

to all citizens.

Box 4-16: Remarks on Achieving Equitable Land Distribution

Equitable distribution and access to citizens meant everyone as o citizen and

not about the land size - in practice the implementation of this objective is

challenged by several issues such as culture and traditions which are discrimi-

nating (women and girls) in some areas.

Source: Interview with MLHHSD Senior Land Official. Dar es Salaam,l310712012

On the issue of ensuring that common land users such as pastoralists are allocated

land, results from interviews with key informants at the MLHHSD revealed that the

handling of common user groups such as pastoralists, is a challenge as it appeared

unclear to them as who exactly should be allocated land. Results from observation

during the field visit and interviews with key informants at all levels, commended

MKURABITA for the role they played in the construction of buildings that host the

Village Land Registry

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Results in Box 4-17 show the strategy of the Handeni District Commissioner which

shed light towards addressing the problem of inequity especially on land access by

pastoralists.

BOX 4-17: Handeni District Strategy to Deal with Pastoralists

We have a stroteg) to resettle pastoralists because there are about 340,000 Ha ofIand which is not suitable for ogricultural development". This land is suitable forgrazing purposes while 300,000 ha are suitable for agriculture development. Weare planning to delineate land where pastoralists will be settled so that each willbe allocated land and become landowners and pastoralists" In Sindeni Villagethere is a pastoralist who has 700 heads of cattle but the village carrying capacity

for livestock is for 3))cattles only.

Source: Interview with Handeni District Commissioner on 1010812012

Box 4-18 presents results of the focus group discussion with the pastoralists on how

they were treated during the formalization process in this case study. This is in line

with the remarks made by an official from the MLHHSD that the govemment did not

know how to handle issue of mass tenure.

Box 4-18: Concerns of Pastoralists on Formalization in the Handeni Case Study

We were here during MKURABITA but we were unfairly treated during the landdistribution and titling process-now we are in Kwagunda Hamlet. We were notallocated land and the Human Rights Commission cqme qnd we complained... butin this village there are individuals with 200 acres covered by bush and forests.We have about 4000 cattle and 6000 goats here in Bongi village. Under MKU-MBITA, some areas have been delineated and we have been denied access, but

there are big lands which are not used but are claimed by the villagers to be

farms". (09tn August; 2012).

Source: Focus Group Discussion on 9th August, 2012

Results from examination of village land files and interviews with key informants in

Bongi village also showed that there were clan and families that claimed land rights

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for titling as groups other than individuals as was the mission of the formalization

process. Information from File documentation showed an application from one fami-

ly which wanted to register a land with estimated area of approximately six hundred

acres (600). Results showed that the family which had seventy seven (77) members

had appointed its eight individuals to be trustees of the rest. In the application docu-

ment it was shown that one man had been appointed to be a trustee team leader. Re-

sults from interview with the key informants at the Village showed that this applica-

tion was approved by the Village Council. Considering the size of the land in ques-

tion, it means that this application was subject to the approval of the Commissioner

for Lands. One question which each of us needs to ask is about the security of land

rights among these 77 members. It is apparent that even if the CCRO was issued and

registered, it was null and void before the law because this ownership is entirely in-

equitable in all aspects.

Besides, those who claimed to be trustees had not been registered as such, save for

the family itself. The Trustees Incorporation Act No.375 R.E of 2002 provides pro-

cedure for the registration of trustees. Generally, the mere act by the Village Council

to approve such land rights claim was contravening the law as the family was not a

legal entity. The approach entails indicators of inequities in terms of land size distri-

bution, intra generational and intergenerational as the land rights of the members are

not clarified. This problem is an indication that some families still prefer to own

land as clan or family groups although the aim of formalization was to get rid of such

traditional land ownership.

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Summary of Key Findings

(i) Institutions ensured that all existing rural land owners showed their lands to the

adjudication teams for adjudication of boundaries. The form alization process be-

ing pilots, the coordinating agencies were close to ensure that the requirements of

the laws are followed as required. Coordinating agencies ensured that land rights

were recorded during the adjirdication process; for example in the Handeni case,

coordinators concentrated on those who offered themselves to have their farms

adjudicated while in the Mbozi District, all farms were adjudicated systematically

during the pilots although later the process turned to be sporadic for both bounda-

ry adjudication and registration;

(ii) Institutions, mainly the coordinators, and the relevant local government authori-

ties ensured that rights of women were protected through the inclusion of their

names during the adjudication and titling process especially in the case of

Handeni District. In the Mbozi case, this was effective during the systematic ad-

judication as the land surveyors managed to record names of both males and fe-

males although the actual titling and registration became sporadic leaving many

land rights unregistered and hence it was inequitable;

(iiD The donor communities and NGOs played significant roles by financing the for-

malization process and acting as watchdogs hence facilitating the compliance to

the laws.

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194

4.2.5 Summary of Performance in Promoting Equitable Distribution and Access

to Land in the Case Study: A Cross Case Analysis

In line with the presentation of results and discussions made so far in relation to the

objectives of this study, a cross- case analysis between the case study areas is sum-

marised here. As abstract terms they can be measured by analyzing results in terms

of land size distribution and gender equity which, as pointed out earlier in the PPAs,

are associated with the rural poverty. As presented throughout the literature and the

actual field results in both case study areas, the MLHHSD and PBFP/MKURABITA

were the coordinators of the formalization process in these case studies.

(i) Land Size Distribution in the Stady Areas

Results from the analysis in the performance of the coordinators of formalization in

the two study areas in terms of equity in the distribution and participation in the for-

malization process are as follows:

Results of the performance test in terms of land size distribution between the two dis-

tricts with the use of a sampl e of 262 respondents from Mbozi and 42 responde.rts

from Handeni case studies showed the goodness of fit Chi Square Test of X 2 (1, 304)

:6.713, while phi:0.010. According to the rule, these results (phi < 0.05l statistical-

ly imply that there is a relation between sizes of registered land parcels which are

owned in these two districts. It can be concluded from this result that the perfor-

mance of the two institutions in distributing farms is similar. The strength of rela-

tionship between these two case studies in terms of farm sizes means that the

MLHHSD and MKURABITA used the same approach in the recording of land rights

for formalization. This result is supplemented by the results from interviews and

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195

documentation on formalization which showed that formalization was based on re-

ceiving land rights claims from owners.

Table 4.22 ptesents a summary of general performances between the case studies in

the context of the four objectives of this study.

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196

able 4-222 Summary of Perlbrmance Between Case Studies Based on vesStudv Obiective Mbozi Case Studv Handeni Case StudyEquity in distribution andaccess to land

The approach concentrated on registering land rightsas requested by the villagers-gendered equity within intra-generational equity wasnot handled

The approach concentrated on registering landrights as requested by the villagers;Inter-generational and intra-generational equitywere of the concerned through village use plans

and inclusion of female names in the titles.Participation and mecha-nism of adjudication

Beneficiaries participated and formalization em-ployed systematic adjudication hence it coveredmany farms although titling became sporadic leavingmany rights unregistered hence it was inequitablewithin and between senerations.

Benefi ciaries participated and formalization em-ployed spot adjudication which leave many landrights undefined hence inequitable.

Driving forces for oragainst equitable distribu-tion

Laxity in enforcing lawApproach of formalization which aimed at register-ing land rights as claimed

Approach of formalization which aimed at regis-tering land rights as claimed;The misconception of the word "customary" af-fected some social groups in accessing or evenregistering the land they had been using.

Roles played by the Gov-ernment Institutions in theformalization process

Constructed the village land registry in the pilot vil-lages; Facilitated the sustainability of the formahza-tion through collaboration with the local government

authority,

Preparation of modem village use plans; Con-struction of modern village land registry in sevenvillages;Lacked sustainability of the formalization as themission of the programme was to test the lawsand not to implement them.

Source: Survey Data, 2012

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Furthermore, it is clear that formalization in Mbozi Case Study supported by the do- .'

nor communities such as the World Bank, had adjudicated more than 19,000 land

parcels and the approach had become sustainable in terms of continuity. The opposite

was true with the Handeni Case Study because upon MKURABITA completing their

mission, the formalization also slowed down and even during the field visit in the

District nothing was going on.

(ii) Performance in Sex Considerution Between Districts

Results in Table 4-23 present the ownership mode by male and female in the two

districts.

Table 4-23: Sex * District Cross Tabulation

Count Case studv district

TotalMbozi Handeni

SexFemale

J I J 4C

Male 2t5 39 254

NA l 0 0 l cTotal 262 42 304

Source: Survey Data, 2012

This result is in line with results from interviews with the key informants from both

districts that the approach of formalization focused on claims of land rights as sub-

mitted by the claimants. In many rural African environments land rights are in the

hands of men; even the first formalization under villagization of 1975 focused on

registering heads of households (who were mainly men) hence denying women land

ownership rights.

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198

Results in Table 4-24 are supplementing the results in Table 4-23. This Table shows

the goodness fit Chi-Square Test, x2 (2,304), : 3.448, with phi : 0.lZg which is

greater than 0.05.

Table 4-24: Sex and District- Chi-square Tests

Source: Field Data, 2012

The result G, > 0.05) implies lack of significance between sexes and thus there was

no relation in terms of consideration of sex during the adjudication and titling pro-

cess in the two districts. It implies that this approach was gender insensitive and thus

did not promote land access by gender as intended in the land policy and even in the

Gender and Women Development Policy of 2000. This policy required the institu-

tions responsible with land surveying to consider and allocate adequate land to both

men and women.

It is apparent from the results that the Handeni Case was successful in enabling

women to have secured land rights registered because of the cross monitoring of the

process. The Mbozi Case Study was able to ensure recording of all land rights by use

of systematic adjudication although the actual documentation of land rights turned

out to be sporddic.

Value df Asymp. Sig. (2-sided)

Likelihood Ratio 5.032 2 .081

Linear-by-Linear Association .81 l .368

N of Valid Cases 304a. I cells (l6.7yo) have expected count less than 5. The minimum expected count is 1.38.

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In terms of continuity and sustainability, Mbozi District is successful because from

2004 to the time the field research was conducted more than 17670 parcels had been

formalized an! the process was continuous. Unlike in the Mbozi Case Study, in

Handeni Case Study a token of almost 600 farms had been adjudicated and issued

with CCROs in seven Villages- only and the process officially ended when the

MKURABITA brigade stopped. Again, it was learnt that by the time the team left the

pilot, even these 600 CCROs were at different stages of registration although they

had been prepared. It needs to be noted that the registration process was top down as

it depended on the PMU facilitation.

This result is supplemented by the qualitative results which show that formalization

in both study areas concentrated on dealing with land claims as presented by individ-

uals. Therefore, there were no mechanisms of identiffing certain vulnerable groups

to be considered for land allocation and access. This was the fear of Shivji (1999)

when he said that a mere mention of gender in the policy and laws was not enough.

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200

(iii) Performance in Participation Between the District Case Studies

Results in Table 5.25 present the trend of participation during the formalization

which was more in the determination of farm size during the adjudication process.

Table 4-25: Participation * Case Study District Cross tabulation

Source : F reld D ata, 20 12

Results from this Table show that 242 respondents (92.4%o) and 34 respondents

(80.95%) from Mbozi and Handeni Districts respectively said that they participated

in the adjudication of the boundaries of their land parcels during the formalizatron

process.

Results from the test of performance show a goodness of fit chi square test X 2

(1,304) of 5,639; with a phi : 0.018. These results ( p < 0.05 imply that there is a

relationship in terms of participation between Handeni and Mbozi Case studies. This

performance difference in the participation between the two case studies means that

there was no similarity between the MLHHSD and MKURABITA when it came to

participation or involv'ement of villagers during the formalizationprocess. This result

is supported by the results presented by Ole Kosyando (2007) who said that in

Handeni case study, the communities started to understand the purpose of the pro-

gramme as it was approaching the end.

Case study district

TotalMbozi Handeni

Participation in land size determina-

tion

Yes 242(92A%) 34(80.es%) 276

No 20(7.6%) 8(9.05%) 28

Iotal 262 42 304

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201

The formalization approach in Mbozi Case Study, as implemented by the Govern-

ment, was in line with the implementation of the National Land Polic y, 1995 and its

subsequent Village Land Act No.5, 1999.

This study, being evaluative in nature, concludes that the formalization process en-

forced the existing inequalities which are a result of the inequities in the procedure of

land distribution and access. This conclusion was also made by Sharon (2000) while

remarking on inequities in land resource distribution. However, this initiative can be

seen as an historical improvement in the tessellation of farms in rural settinss in Tan-

zania.

In the Handeni Case Study, the programme aimed at testing or identifying weakness-

es of the Village Land Act No.5, 1999 andthe Land Use Planning Act No.6 of 2006

but the entire process was like a consultancy assignment. This was also observed by

Mkulila (2007) of LHRC who said that the exercise was full of fast tracking for dura-

tion of 82 days only. Results from observation showed that PBFP constructed mod-

em Village Land Offices which are now more of Village Executive Officer's Offices

rather than the Village Land Registries as were initially intended.

Results from observation in villages visited and even at the District Land Office in

Handeni did not show a significant sign of continuing the formalizationprocess. Re-

sults from interview with village leaders showed that formalization stopped because

communities are not adequately aware of the benefits of the exercise.

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CHAPTER FIVE

CONCLUSIONS AND RECOMENDATIONS

5.1 Introduction

This chapter presents conclusions and recommendations about this study. In the in-

troduction of this study, the problems of skewed distribution of and access to rural

land in Tanzania, weak governance in dealing with rural land and the resulting land

conflicts and the initiatives of the National Land Policy (1995) to address this press-

ing issue were presented. This study was guided by the overall objective of exploring

and examining the extent to which formalization of village land rights promoted eq-

uitable distribution of and access to land by the diversity of social groups in Mbozi

and Handeni Districts inTanzania.

By focusing on this objective, this study aimed to contribute to knowledge on cadas-

tral research in rural land administration and to add to knowledge relating to the need

to re-engineer the decentralised rural land administration system in Tanzania. The

overall objective was broken into five specific objectives as previously narrated in

section 1.3.1. This chapter conclusions and recommendations based on the key find-

ings as presented in chapter four ofthis thesis. Finally, areas for further research are

proposed.

5.2 Summary of Key Findings, Conclusions and Recommendations

The summary of the major findings emanating from this study which were presented

in Chapter Four are now presented here to ease the linkages between them, conclu-

sions and the recommendations. They are within the framework of the obiectives of

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this study. To be focused, the major key findings conclusions and recommendations

for each of the research objective are presented below.

5.2.1-Research Objective I

To explore and examine the level of equity in distribution and access to land among

social groups at the household and village levels

Summarv of Kev Findings

Formalization process was inequitable as it did not deal with land distribution and

access and thus left land ownership patterns in an inequitable manner. Assessments

of relationships between land sizes owned and the sizes of the households of owners

were size proved this situation. Intergenerational and intra-generational inequities

were realised in the form of weak relationships as even land use plans were ignored

including longstanding occupation and use of land by social groups such as pastoral-

ists.

Conclusions

The formalizatron process relied on the claims of existing land rights, hence, in equi-

table in distribution and access because those who had no land by then could be con-

sidered as a result some social groups like pastoralists in Handeni District were dis-

criminated; Basically, those who had been accessing land for their livelihood lost the

access rights as the parcels were registered to those who claimed to be owners.

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Recommendations

ln line with the key findings presented above it is recommended to the Ministry of

Lands, Housing and Human Settlements Development (MLHHSD) to

(i) Devise a mechanism for redistribution of rural land by enacting micro poli-

cies that can vest all property rights in vacant lands in the hands of the Dis-

trict Commissioners for redistribution and access.

(iD revise the approach of formalization by not only dealing with land rights

claims but also receiving applications for land allocation from those with no

land so as to facilitate equitable distribution of/and access to land to social

groups in villages inTarzania. The wise use of elders who are knowledgeable

with the customs and history of the areas will be useful;

(iiD work closely with the Ministries responsible for agriculture and Regional

Administration and local government to conduct land needs assessments at

each village and household. This assessment is vital as it will enable the Dis-

trict Government through the District Council, to understand the future land

needs and thus control alienation or even negotiate with land owners in the

villages so as to have their land availed for lease or rental to those in need;

This recommendation is not new as it was once made by the MLHHSD to all

district land officers to undertake a village viability assessment by establish-

ing carrying ,capacity of each village based on population for 20 to 30

years(Lerise,l996; Sundet, ibid).This was then in line with the Village Land

Titling under the Agriculture policy of 1983 aiming at identifying land for

foreign investors, a mission that proved a failure;

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205

(v)

(iv) Extend adjudication and titling to other categories of tenure such as village

forests, water catchment areas, etc by even paying compensation to those who

claim to have rights in those areas as this is equitable hence it has intergen-

erational equity.

Participate in organizing awareness campaign and training aiming at building

the capacities of local institutions, rural land owners to participate adequately

in matters related to good local land governance especially in the allocation

of land to the diversity of social groups.

5.2.2 Research Objective 2

To identify factors and actors that have contributed to the sltccess, problems and/or

failure of the equitable land distribution of and access in the land formalization pro-

cess at the household ond village levels.

Summarv of Key Findings

The use of sporadic adjudication resulted into the loss of longstanding use of land

rights by pastoralists; laxity in actual titling and registration left systematically adju-

dicate rights of women untitled in Mbozi District. Relying on claims of existing land

rights left those with insufficient land unconsidered. Generally, Village lands Tenure

Insitutions were ineffective in administering village land especially in the control of

village land.

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(ii)

206

Conclusions

(i) Formalization has managed to put into registry more than 17,000 CCROs for

a period of 8 years (2004-2012) in Mbozi District, which is an achievement

for recognizing existing longstanding land rights. Although the NLP principle

objective was to promote equitable distribution and access of land, still the

process has not been equitable (fair and just) as there was no land need as-

sessment for the diversities of beneficiaries hence the previously pronounced

land inequalities have remained intact. Also, life cycles of rural communities

were not considered.

The entire process of formalization did not aim at addressing the problem of

land inequality as intended rather it focused on the titling of the existing land

rights as claimed by the owners. The only attempt in the context of intra gen-

erational equity was the identification and inclusion of the names of women

or spouse in the CCROs. There is no significant difference between the two

case studies in terms of performance because each actor had a separate objec-

tive; while the MLHHSD through her Strategic Plan for Implementing New

Land Laws (SPILL) was implementing the Village Land Act, in the other

hand MKURABITA was testins the workabilitv of the VLA and the land Use

Planning Act.

Recommendations

This study recommends to the Ministries responsible for Lands, Regional Admin-

istration and Local Government to I

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(i) Devise mechanisms for the documentation, coordination and regularization of

all customs and traditions related to land administration in villages so as to

give opportunities to local leaders to understand and apply them during the

meetings of VLTIs. It needs to be noted that in Tanzania, election and ap-

pointment of local leaders are not based on customs or areas of origins hence

applying customs and tr;ditions which are not codified can cause problems to

leaders as some abuse them:

(ii) Review the Local Government (District Authority)Act,l992 so as to allow

District Commissioner to appoint at least two elders who are knowledgeable

with the customs and traditions to be members of the Village Councils as this

would improve democratic participation and governance; This recommenda-

tion could be copying the Zanzlbar approach where Shehas are appointed by

District Commissioners. In addition, revise the roles and compositions of Vil-

lage Assemblies that are to the approval of land allocation as they have been

ineffective;

(iii) Orgarize and finance in job training to village leaders on the basic land ad-

ministration laws and procedure and this can be done at the wards level by

using Authorised Land Officers and District Solicitors as they are well quali-

fied for this assignment.

(iv) Strengthen democratic governance by putting in place checks and balances

mechanisms in the decisions make by VLTIs in land claims determinations.

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5.2.3 Research Objective 3

To investigate the extent o.f democratic participation by social groups in and the

mechanism used for land rights formalization at the village level

Key Findings

The process was undemocratic in terms of participation as only participation was

limited to boundary adjudication while the issue of recognizing longstanding occupa-

tion and use of land became undemocratic resulting into loss of rights.Generally, the

process lacked what Shao (2008) calls democratic participation as some segment of

village assembly members (the pastoralists in Handeni District) were denied land

rights access and ownerships for the areas which they had been using for grazing

pwposes for many years.

Conclusions

Participation by all citizens in the decision making on matters connected with their

occupation or use of land has been ineffective; this was proved by the eruption of

land related disputes that occurred in Iyendwe and Sakamwela villages. Besides, lack

of the minutes of the VLATIs that approved all formalized lands in both Districts is

an indication that there is ineffective participation of citizens.

Formalization process was more of top down in nature as it was implemented as a

project from the higher goveflrment levels. Participation was non democratic as seg-

ment of social groups like pastoralists in Handeni District were denied their

longstanding occupations and use of land rights. This was contravening the require-

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209

ment of the principle of the NLP which

ing occupation and use of land.

insisted on recognition of existing longstand-

Recommendations

The study recommends to the Government through the Ministries responsible for

Lands, Agriculture and local g6vernment; donor communities and non government

organizations and civil societies to:

(i) Increase the efforts of adjudication and titling by focusing more on the seg-

ment of social groups which are vulnerable so as to reduce rural land inequal-

ity; this should include formalizing other tenure found in village hence mak-

ing them inclusive.

As already pointed out earlier, the meetings of Village Assemblies were inef-

fective and difficult to manage, thus, strengthen the roles of the Village

Councils in facilitating the participation of the diversity of social groups

when dealins with land rishts issues.

5.2.4 Research Objective 4

To identifu roles played by government institutions and customary land owners to-

wards equitable land distribution and access at the household and village levels

Kev Findinss

The Government institutions and customary landowners played roles by showing

boundaries of their lands; facilitating the implementation of the land policy by re-

(ii)

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210

Icording existing land rights; ensuring inclusion of the names of women in land title

and financing and providing expertise in the process of formalization.

Conclusions

It can be concluded that VLTIs did not perform their duties of ensuring equitable dis-

tribution of and access to land as provided for in the law. In the Mbozi case, there

was no evidence that these institutions held meetings to deliberate on the submitted

land claims. In the Handeni case, under the coordination of MKURABITA, these

institutions met to deliberate on land claims. However, the process was inequitable in

terms of procedure because in cases when the village assembly unlawfully rejected

land claims, there was no checks and balances on that decision (there was neither jus-

tice nor fairness).

Recommendations

This study recommends to the Government through the Ministries responsible for

Land and Local Government in collaboration with civil societies and non g6vern-

ment organizations to

(i) Build the capacities of local actors in boundaries adjudication, titling and reg-

istration so as to enable them practices this role as provided for in the poli-

cies, laws and regulations;

review the structure of the roles of the administration of village land so as to

have in place defined answerable officials in matters related to transparency,

equitable land identification for distribution and access by villagers. This is

vital because from National to District Levels there are clear public officers

(ii)

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2t1

responsible for land administration while at the Village level there are institu-

tions (village council, village assembly) which cannot be held responsible

should there be malpractice as is the case now almost everywhere in the

country.

5.3 General Conclusions

Formalization partly achieved the principle of the NLP which became the objective

of VLA of ensuring that the existing rights are recognized but longstanding occupa-

tion or use of land by some groups such as women, pastoralists were not clarified and

secured by the law through titles.

Regulations of the amount of lands that any one person or corporate body may occu-

py or use have been set in the laws but during the formalizatron the well connected

individuals managed to register as big land as they wanted/could. Why, because, the

VLTIs have no control over land in their villages.

The village land rights formalization process as conducted in both case studies could

not adequately promote equitable distribution of and access to land by the diversity

of social groups in Mbozi and Handeni Districts. The significant achievement was

promotion of land access by gender through inclusion of the married women in the

CCROs as joint owners which is termed intra-generational equity. In the context of

intergenerational equity, the process especially in Handeni District attempted to pre-

pare village land use plans, which in essence, define land use rights for the current

and future generations. In the relationships between land size and household size;

marital status and mode of ownership, there were laxity. In the participatory equity,

the process was not successful as the decentralized institutions did not play their

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212

roles of distributing land and facilitating land access as some segments of social

groups such as the pastoralists, youth and those who needed land rights access had no

opportunity in the process. Even where, these meetings were convened as was the

case in Handeni District, there was a problem of checks and balances to ensure fair-

play in the process. Generally, inequalities and inadequacy of land to beneficiaries

are still high prompting the need for rural land re-distribution.

5.4 Suggestions for f,'urther Studies

Gathering from the study, it is apparent that registering rural land rights (which pro-

vides secure tenure) to rural land owners in villages based on what they claim to own

will not, in the long run, facilitate economic growth and poverty alleviation to house-

holds in these villages. The existing rural or village land ownership distribution pat-

terns and their associated historical local land governance are full of inequities.

Therefore, several areas for further research have been identified; however, four are-

as which require immediate investigation are presented hereunder:

(D Investigate Causes of Reluctance for Tilting of the Systematically Adju-

dicated Parcels in Mbozi District: Many farms were adjudicated systemati-

cally in Mbozi District but majority of owners of these parcels did not form-

lize their land through titling and registration. Implication of this to the wel-

being of these households and individuals is needed;

(iD Assessing mechanism for redistribution of land within the small scale

farming sector

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(iii)

(iv)

2t3

The study was conducted in the sector referred to as small scale farming.

Land size distribution studv should be conducted between households and in-

dividuals within the small scale (rural clan and lamily land) so as to facilitate

ownership of minimum size of land for sustainable rural household develop-

ment. Thus, further research is needed to examine the mode of land redistri-

bution within the small scale farmins svstems rnTanzania.

Evaluating and Regulating Customs and Traditions

The structure for decision making and democratic participation in the village

land administration, particularly land allocation, relies on the village land

tenure institutions (VLTIs) which are village assemblies and village councils.

These institutions, inadequately, consider customs and traditions but even

where the customs and traditions are mentioned, it is difficult to rely on them

as they are neither regulated nor codified. Therefore, there is a need for flexi-

ble by-laws and local government laws to enable regulation of these norms so

as to have in place equitable participation and inclusiveness in the village

land administration in rural Tanzarta. A study to evaluate and regulate the

customs and traditions in village land rights allocation rnTanzama is needed.

Develop framework for the adjudication of other common user rights in

rural areas

Formalization that this study evaluated concentrated more on individual ti-

tling leaving other commonly owned areas left untitled hence insecure. The

"fit for purpose" insists on a land administration system which is inclusive by

covering all tenure types and natural resources management. Development of

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214

such a framework requires an in-depth investigation. Thus, there is a need to

conduct a study which will come up with a framework for formahzatron of

common land uses.

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215

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APPENDICES

Appendix 1: Multipurpose Questionnaires Used the Field Research

Part One: Questionnaire to village level actors (village council, adjudication

committee, Village Chairpersons and Village Executive Officers (VEO)

RURAL LAND RIGHTS FORMALIZATION IN TANZANIA AND EQUITY

IMPLICATION: THE CASE OF I/IBOZI AND HANDENI DISTRICTS

BY: Alphonce Yustin Tiba

Introduction

This questionnaire/checklist is confidential and you are voluntarily requested to fill

it. You have been purposeful selected to participate in this study because of your

wider knowledge in this subject. The objective of this study is to examine the extent

to which the land rights certification or formalization process has distributed village

land equitably among social groups. Social groups in this study refer to men, women,

pastoralists, children and other vulnerable ones found in these villages. It is antici-

pated that the findings of this study will enable the policy maker to look on how the

issue of equity in land distribution and access can be further improved inTanzanta.

General Profile:

1. District:

2. Ward:

3. V i l lageName. . . . . .Area:

4. Population of the Village: Individual number:

1. Female:2. Male:

5. Population cdtegory:(ii) Able people:

(iiD Old people:(iv) Children under 18 years:.

(v) Average size of households:. ..(vi) Female heads of households:...

6. Main economic activities:

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234

( i ) . . . . . . . . . . :( i i ) . . .(iii) .

7. Would you please give us the average size(in hectares) of land owned by vil-lagers in your village (mark with /): -check the Village Land Register)a) Less than I ha t 1b) Between I and 5 ha t lc) Between 6 and 10 hq. t ld) Between 1l and 15 ha t le) More than l5ha t l

8. What are the main types of livestock kept in your village (mention name andnumber if possible):

, (D . . . .(i i) ...

:(iii) ..

9. What can you say about the available land in your village for distributionamong village members?

1. Very Sufficient t l2. Sufficient t I3. Not suffrcient t I4. Idonotknow t l

10. If the answer to question 9 is 3, then how can you make more land availablefor detailed distribution among new generation?

I 1. Size of land used as (area in sq.m):(i) Dispensary..(ii) Health post..(iii) Shop.(iv) Market(v) Grazing areas.(vi) Playing ground

12. As a village leader what do you see as a very challenging problem in yourday to day land management function in this village?

a. Lack of land to distibute t 1b. District leaders intervention t lc. Lack of capacity t ld. Land disputes [ ]

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235

13. How do you differentiate your formalized land from that which is not formal-ized?

(i) Strongly Best I l(ii) Best t l(iii) Similar I l(iv) Slightly.better t l( v ) Idonotknow t l

14. Are there people with land which is not sufficient for their economic activi-ties?

1. Yes 2. No15.If the answer to Q.14 is YES where do you get land to allocate to them?16. Do you have a village land use plan? 1.YES 2.No17. If the answer to Q.16 is No explain how you deal with land use distribution in

your vil lage?..............18. In the process of issuance of CCROs what do you regard as the most chal-

lenging issue?(i) The cost of titling t l(ii) Boundary identification I l(iii) Lack of knowledge in the titling process t l(iv) Identifying land owners t l(v) No issue t l

19. Do you organize avlllage council meeting to approve land allocation in yourvillage?

1. YES 2. No

20. For any answer in Q.l9 ex-plain.

Thank you very much for taking your time

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236

Part 2z Questionnaires Directed to Beneficiaries of Formalization (CCRO Hold'ers)

RURAL LAND RIGHTS FORMALIZATION AND EQUITY IMPLICATIONIN TANZANIA THE CASE OF MBOZI AND HANDENI DISTRICTS

B!: Alphonce Yustin Tiba

Introduction

This questionnaire/checklist is confidential and you are voluntarily requested to fill

it. You have been purposeful selected to participate in this study because of your

wider knowledge in this subject.

The objective of this study is to examine the extent to which the land rights certifica-

tion or formalization process has distributed village land equitably among social

groups. Social groups in this study refer to men, women, pastoralists, children and

other vulnerable ones found in these villages. It is anticipated that the findings of

this study will enable the policy maker to look on how the issue of equity in land dis-

tribution and access can be further improved rnTanzania.

Date:,District:Ward:.Village:

CCRO Number:

2. What is the size of your household?

01. 1-3 t I 02. 4-s t l03. 6-e t l 04. 10-15 t l

Socio-Economic Data:3. Gender: 1. Female [ ] 2.Male t l4. Age range: 01. 18-25 t I 02. 26-35 t l

03. 36-4s t I 04. 46-ss t l0s. s6-6s t l

5. Education Level:

Page 260: Tiba PhD thesis

237

(i) Adult education t l(ii) Primary Education t l(iii)Secondary Education t l(iv)Higher education t l(v) University education t l(vi)No formal education t l

6. Marital status:(i) Single t l(ii) Widowed t l(iii)Divorced I l(iv)Manied t l(v) Separated t l

7 . Number of children within the household/family (circle the appropriate).

Numberofboys | 2 3 4 5 6

Numberofgirls I 2 3 4 5 6

8. Education of children (enter number of children at the appropriate status)

(i) Pre education t l(ii) Secondary education t l(iii)Primary education I l(iv)post secondarY education t l(v) University education, t l

9. Please tell me if formalization of land has protected the rights of married fe-

male.1. Very stronglY I l2. Strong t l3. Quit a bit t l4. Do not know t l5. No answer t l

10. Occupation (rnark the { appropriate ):(i) Rural farm works t l(ii) Shop keeper t l(iii)Primary school Teacher t l(iv)Secondary school teacher t l(v) Pastoralist t l(vi)EmploYed out of the village t l

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238

l1' Size of the land owned and formalized: (tick the range in which it falls)(i) 0_5 acres t l(ii) 6_10 acres t l(iii)t t_15 acres t l(iv)16_20 acres t l(v) 2l_above acres t l

12' Are customary rules and traditions considered during the distribution of land?l. yes 2. NoExplain:.

13. Nature of ownership of land:(i) Allocated by rhe village Council t l(ii) Inherited

(iii) Direct Acquisition i i14. Did you participate in the determination of the size and use of your land?l. yES 2. No.

Explain

15' Tell me how much you are satisfied with the village council in its ability todistribute land among village members:1. Very Great satisfied2. Great satisfied3. Satisfied4. Very little

t lt lt lt l

l6' village assembly and councils are not capable of distributing land to varioussocial groups according to their need. (put the / in the right answer.l. Agree strongly t l2. Agree

t l3. Neither agree nor disagree [ ]4. Disagree t l5. Strongly Disagree t lExplain.

l7' what motivated you to formarizeyour land? (circle the appropriate answer)(i) It was a government project t l

Page 262: Tiba PhD thesis

239

(ii) I wanted to get loans from banks t l(iii) I wanted money for school fee of my children t l(iv) I wanted security of my land t l(v) I did because others were doing t l

18. Mark (/) as your reflection on the extent to which formalizatron process hastaken on board the requirement of customs and tradition of the resident of thisvillase in the distribution of and access to land:

1. Very Strongly [ ], 3. Fairly t2. Strongly t I 4. Ignored t 5. No answer [ ].

Thanks for Cooperation

Part 3: Questionnaires to Top Officials From Coordinators

VILLAGE LAND RIGHTS FORMALIZATION IN TANZANIA AND EQUI.TY IMPLICATION: THE CASE OF MBOZI AND HANDENI DISTRICTS

BY: ALPHONCE YUSTIN TIBAIntroduction

This questionnaire is confidential and you are voluntarily requested to fill it. You

have been purposeful selected to participate in this study because you are the pillar to

the effective implementation of the National Land Policy and the associated land

laws particularly the village land law.

The issue of inequitable land distribution is highly known in Africa. The objective of

this study is to examine the extent to which the land rights certification or formaliza-

tion process has distributed village land equitably among social groups. Social

groups in this study refer to men, women, pastoralists, children and other vulnerable

ones found in these villages. It is anticipated that the hndings of this study will ena-

ble the policy maker to look on how the issue equity in land distribution and access

can be fuither improved rnTanzania.

TOP OFFICIALS IN THE MINISTRY OF LANDS AND MKURABITA

1. The National Land Policy,1995 emphasizes equitable land distribution among all

citizens. To what extent has this statement has been achieved?

] ,Il )

Page 263: Tiba PhD thesis

240

2. It also promises the setting of land ceilings in the allocation of land. How have

you handled this in the formalization process?

3. Village institutions are responsible with land titling including land distribution-

where do they get land to distribute if we assume all land is customarily owned

by various individuals in these villages?

4. How are rights of dependants such as women, married, and children (male, fe-

male, children safe guarded?.

5. Tanzania had traditional institutions abolished but there are customs and tradition

then how are these taken onboard in the land certification process?

6. What do you think are challenges facing your office in managing the village land

admini stration in T anzama?

7. You have been implementing the Village Land Act since 2001. Are there chal-

lenges besides those of f,rnance in the land distribution process particularly equi-

table land distribution?

8. Some studies show that in rural settings in Sub Saharan Africa there is an in-

creasing gap in land size holdings at the household level and that there is a poten-

tial for land redistribution among communities. What is your comment on this

argument?.

9. How is the issue of vulnerable groups such as women, pastoralists are being han-

dled in the formalization process putting in mind the increasing population and

uncontrolled movement of some of these groups.

10. In some villages in Mbozi District several land parcels have not been issued with

CCROs and as such the mission of the Ministry to see to it that all land is regis-

tered and their owners are known as not been achieved. What can you sav about

this?

1 1. In some villages statutory meetings are not held to issue CCROs but yet CCROs

are issued What is your comment on this observation?

12.In Handeni District, MKURABITA took part and later your Ministry has done a

lot. Is there any difference in their approach? What do you think need to be done

to cement this?

13. What do you think needs to be done to enhance equity in the village land admin-

istration system rn T anzania?

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241

Appendix 2: Steps Used in the Formalization Process in Handeni District

Forrration of the DistrictPLLII\II Team

Idartiff ullages that qualifiT forthe prc granune (No boundary

confl i c[ with nei ghb ows)

M obilizati nr / awarenesscretion- meetings with

Village Councils

Send forms furadjudication ofb ormdari es with nei glrb orxs

Acquisiton of satelliteinages and zurvry of

boundaries

Forrration of Village Land UseIvlarugernent Teams Application fcr Village

Land Crtifrcates sent tothe Commissioner frr

LandsConducting FRA and Technical Data

Collection

Constfliclion ofl-andRegistriesIszue Based Workstrops fur deliberaton of

Land Use Plans by Village C ouncils

Issurng Forms 18and 44 to applicants

Preparation of B y-laws and approml byVillage G overnmsris and the Di stri ct

Council

Issuing Certificatcs of Cnstonury Rights ofOcct4aruy and Begbtrdion

Source: Ole Kosyando of TAPHGO(2007) and MKURABITA, 2007

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242

Appendix 3: One of the Research Clearance Letter Issued to the Researcher.

t"ttt' it%,$

A]YI VER S IITY OT TIA I? - ES - SA LAA ]UrOFFICE OF THE VICE.CHANCELLARP.O. BOX 35091 r DAR ES SALAAM r TANZANIA

Ref. No: AB3/12(B)Date: 7'n May, 2012To: The Regional Administration Secretary,

Dar es Sa laam Reg ion .

UNIVERSITY STAFF AND STUDENTS RESEARCH CLEI\RANCE

The purpose of this letter is to introduce to you Mr. Alphonce Yustin Tiba who is a bonafidestudent of the University of Dar es Salaam and who is at the moment conducting research.Our staff members and students undertake research activi t ies every year especial ly duringthe long vacation.

In accordance with a government circular letter Ref.No.MPEC/R/10/1 dated 4'h July, 1980 theVice-Chancellor was empowered to issue research clearances to the staff and students of theUniversity of Dar es Salaam on behalf of the government and the Tanzania Commission forScience and Technology, a successor organization to UTAFITI.

I therefore request you to grant the above-mentioned member of our University communityany help that may facilitate him to achieve research objecrives. Vvhat is requireo is yourpernrission for him to see and talk to the leaders and members of your institutions inconnection with his research.

The t i t le of the research in question is "Vi l lage Land Rights Formalization in Tanzania andEquity lmplications: Cases of Mbozi and Handeni Distr icts".

The period for which this permission has been granted is May, 2O12to August, 2012 and wil lcover the following areas/offices: Dar es Salaam Region.

Should some of these areas/offices be restricted, you are requested to kindly advise him as towhich alternative areas/offices could be visited. In case you may require further information,please contact the Directorate of Research, Tel. 241 0500-8 Ext.2087 or 2410743.

\ r , /\ vrcE cHANcltlfS^too*

,,oM' *,'" "i'f"'rl[ ;'i -1 il

VICE.GHANCELLOR

l ) i r d u l r 1 5 5 : l I l I 0 7 { ) ( )l c l ( l r l k ' i l ( : : : i l l : J l ( ) S l l { L l { c \ 1 . : r ) ' .

Telct irx: +255 l2 2.+10078

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Wcbsitc at lc l tess: r ! \ r ' . ! . (x l i r r . : , r r /

Page 266: Tiba PhD thesis

243

Appendix 4: Handeni District Before Subdivided to Form Kilindi District

TANGA REGIONAD lUtt{ISTR"*TtO t{ & ROAD t{ET$pRK

LegsndEl Reoionrl h€idqqan. l

I 0i i f idheldqu.ner

{'/no"o

/\a Rrilqry

A

$cale 1 ,400,000

50 0 50 100 Kilometers

Source: Ta{rga Regional Profile, 2006

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244

Appendix 5: Data Matrix for Data Presentation and Analysis

Ele Edit View Data Trsnsform Analfre Direct Marketing graphs Utilities Add-ons Window Help-- .r:..:_ g ! ,r-._r,

:-T frT L=J 83..*:d ffifu# $B ff H ffi+tr %$st'*:) -''l}j

i +.

$'-{ 't;i

widthi i Region vihere d " {1- Mbeya} None 5

0 Case study dist {1. Mbozi},-. None I

-*- "hl-qi*'.gte--.---i- -. . Sglc**- l\ Input

\ Input

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String

Numer ic

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Numer ic

I'lumeric

Numeric

Numeric

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Numer ic

Numer ic

llumeric

Numeric

Numeric

Numeric

Nurneric

Numer ic

I'Jumeric

= Center

= UenterE l i p n f o r

- v u l l t t l

E Center

E Center

- v E l l L E l

E Center

- v t t l t E l

E C p n t o r

- u E t t t t r l

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- u E t [ c l

- v E r t r t r l

$ Nominal

d Scale

{$ Nominal

S Nominal

gf Ordinal

6l oroinalgf ordinal

$! lJominal

{fr trlominal

$ Nominal

d Scalep Scale

d Scale

S Nominal

gf orlinat

$ l, lominal

gl ordinal

$ Norninal

g[ Ordinal

7

B1 A

I

I

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o

B

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6

B

I

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0

0

0n

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fi

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1 0

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6

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€ f o n t o r

E Center

15 E CenterCerti f icate of C..- l lone

gender o f landr i , . {1 . female} - .

Househo ld s ize i1 1 -31

age in years for {1. 16-25}

educat iona l leu . - . {1 . Adu l t ed . .

lulari tal status {1, Single}

Occupation oft {1, Rural far..

Mode of owning... {1 , loint own,.

Land s ize owne, , - None

lJumber of chi ld . . {1. 0-5}

The land size of,. . None

Name o f the . , i l l . . - {1 . l kana} - , -

Part icipation in "" {1. Yesi..-

l ' l e thods o fge t t . {1 . v i l lage a - .

Satisfact ion for . . {1. r, 'sry grea.,

Motivation forfo {1. Goyernm-.

Agreement on . {1. Agree st

None

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Page 268: Tiba PhD thesis

245

Appendix 6: Equity Issues in the Village Land Administration

Section 3(2): Womenhave the same rights as men to acquire, hold, use and

deal with land

Section 20 (I)(2): Customary laws have to be in accordance with the NLP

and with any other written law including the Constitution. Therefore, cus-

tomary law is void and inoperative when it denies women, children or per-

sons with disability lawful access to ownership, occupation or use of land

Section 23(2)(c): The Village Council shall have special regard for the

equality of persons and therefore shall treat equally women's and men's ap-

plications for customary right of occupancy.

Last subpart of Part IV, deals with the adjudication of the boundaries of and in-

terests in land, which is necessary before any grants of customary rights of oc-

cupancy can be given. The Village Council can establish a Village Adjudication

Committee whose members are elected by the Village Assembly. This Commit-

tee shall consist of a maximum of nine persons and not fewer than four of them

shall be women.

Source: Village Land Act No.5, 1999 and FAO.

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246

Appendix 7: Pilot Villages in Handeni Case Study.

T

a

BbirbtHEEd+ut€.

\llqaSxttr

- Dblit&udrry

- lhhmd

: Ofi*rua&

- VlqaBurdrty

t+0 a 0 4 0---

kibrneten

Source: MKURABITA. 2007.