A rice farmer in Kilombero district in Morogoro region in Tanzania. The
Dar government is working on a new land policy that will reduce leases
of land owned by foreigners from 99 years to 33 years. PHOTO | FILE
By BEATRICE MATERU
In Summary
- Land will now be leased for investment by foreigners for 33 years only.
- The policy defines a foreign investor as a person who is not a citizen of Tanzania or a body corporate whose controlling interest is in the hands of non-citizens.
- The proposed policy aims to minimise conflicts between foreign investors and communities and to promote optimal utilisation of the country’s resources.
Tanzania is working on a new land policy that will reduce leases of land owned by foreigners from 99 years to 33 years.
The Draft National Land Policy, seen by The EastAfrican,
which has been subjected to public scrutiny by the Ministry of Lands
and Settlement Development, is expected to be adopted early next year.
If passed into law, foreign investors in Tanzania will be
allocated land for a maximum period of 33 years. In addition, foreigners
will only hold land for investment.
The policy defines a foreign investor as a person who is not a
citizen of Tanzania or a body corporate whose controlling interest is in
the hands of non-citizens.
There have been many instances of foreigners applying for land
and not utilising it for the stated purpose. To curb such cases, foreign
investors will be required to register with the Tanzania Investment
Centre (TIC) to acquire land.
“To purchase a parcel of land from individuals or companies,
once the buyer and seller have agreed upon the price, the seller is
required to surrender the land title to the Commissioner of Lands in
order to re-issue it in the name of TIC, which will eventually prepare a
derivative right for an investor,” reads the draft.
“This is good for us,” said land rights advocate Herman Lupogo.
“The government intends to protect the rights of Tanzanians and
will also ensure the land occupied is being used for the purpose
attained,” he added.
The proposed policy aims to minimise conflicts between foreign
investors and communities and to promote optimal utilisation of the
country’s resources.
Tanzania passed the Land Act (Cap 113) in 1995 and Village Land
Act (Cap 114) in 1999, giving foreigners rights to own land for up to 99
years for investment only. The laws, classified the country’s land into
three major categories: General land, village land and reserved land.
Historical reforms
Before then, foreigners had a wide range of options when
choosing land, depending on their requirements, and were not limited to
only acquiring land listed under Tanzania Investment Centre.
Under the draft National Land Policy foreigners will be allowed
to directly own land (occupational rights) but not hold it on behalf of
others (derivative rights).
The land tenure system of Tanzania has passed through different
historical reforms for over the past eight decades. The history dates
back to 1923 when the colonial British Legislative Assembly enacted the
Land Ordinance Cap 113.
A forum on the draft National Land Policy took place in April
this year involving different stakeholders and civil society
organisations.
The current National Land Policy permits land to be given to an
investor in the form of a derivative right. This allows investors to
lease land for investment purposes for a period of 32 years, 65 and 98
years. The power to grant right of occupancy is vested in the president
for a period of up to 99 years.
According to Land Act (1999) section 45, which emanates from the
Land Policy 1995, a breach of any of the conditions in the certificate
can lead to the right of occupancy being revoked by the president. This
means that an investor could lose the right to the land for not
fulfilling its promises to the villagers if they were included as
conditions in the certificate.
However, the draft policy faces criticism from different stakeholders.
“Although the new policy drafting process included consultations
conducted in eight zones across the country, these were rather rushed
and were not inclusive,” said Emmanuel Sulle, a researcher with
Institute for Poverty, Land and Agrarian Studies at the University of
the Western Cape in South Africa.
Tanzania’s CSOs insists on the need for the Land Commission to
expand the scope of participation of citizens on the policy, and take
into account their views. For the first time in the country’s history,
the national land policy recognises the right to equal access of land
for both women and men.
Women rights
Under the country’s Constitution and other laws, women have
equal rights to property as men The laws that give women rights to own
land just like men include the Marriage Act of 1971 and the Land Act of
1999.
Others are the Village Land Act (1999); and the Mortgage
Financing (Special Provisions) Act of 2008 amending the Land Act of 1999
to require additional safeguards for spouses in the mortgage context.
Although the laws guarantee women access to land, the draft policy is
not explicit on how the rights of women will be safeguarded to enjoy
their rights.
Some women claimed that they are still being discriminated against and denied their rights to own land.
“The draft Land Policy only talks about access, but does not
specifically define and protect women’s rights to ownership, control and
decision-making about land,” says Prof Marjorie Mbilinyi, gender and
development analyst and member of Tanzania Gender Networking Programme
(TGNP – Mtandao).
According to critics, the proposed national land policy should
not only guide the allocation, ownership and use of land but also help
resolve recurring land conflicts between farmers and pastoralists,
natives and investors, government and citizens.
“Prioritise land use plans and allow participation of citizens
in order to deal with land disputes,” reads the CSOs’ recommendations.
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