the contribution of land policy in addressing land conflict in tanzania:case of dodoma-makulu ward...

St.john’s University of Tanzania

The Contribution of Land Policy in Addressing Land Conflict

in Tanzania: a case of Dodoma – Makulu Ward in Dodoma

Municipality.

MWAMLANGALA, MACLEAN CHARLESS

MA(COMMUNITY DEVELOPMENT)

2013

ST JOHN’S UNIVERSITY OF TANZANIA

THE CONTRIBUTION OF LAND POLICY IN ADDRESSING LAND CONFLICT

IN TANZANIA: A CASE OF DODOMA – MAKULU WARD IN DODOMA

MUNICIPALITY

MWAMLANGALA ,MACLEAN CHARLESS

ii

A DISSERTATION SUBMITTED IN PARTIAL FULFILMENT OF THE

REQUIREMENTS FOR THE AWARD OF MASTER DEGREE OF ARTS IN

COMMUNITY DEVELOPMENT OF THE ST JOHN’S UNIVERSITY OF

TANZANIA

OCTOBER, 2013

iii

COPYRIGHT STATEMENT

No part of this dissertation may be reproduced, stored in

any retrieval system, or transmitted in any form or any

means without prior written permission by the author or

University

©2013 St. John’s University of Tanzania and Maclean Charless

Mwamlangala

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AKNOWLEDGEMENTS

The research project involved the assistance of numerouspeople whose guidance and support has enabled me to completethe research project. I would like to recognize and thankall those individuals, the public and private institutionofficers whose contributions helped to make this researchreport possible.

My special thanks go to my research supervisor Dr.MarthaNhembo from the Institute of Rural Development Planning(IRDP) at Dodoma region for her professional guidance,encouragement and continuous friendly support throughout theprocess. I would like to give my sincere appreciations andgratitude to Dr Mark Msaki also from IRDP, Mr BenezetRwelengela, Mr Daniel Wandera, Mr Msolla and Mr. Nyoni andall members of Department of Developmental Study,andGeography from St John’s University of Tanzania. My youngSisters Ndimbwelu and Gentryne Mwamlangala for encouragingme in conducting the research project, patience,consistently supporting and encouraging me to strive towardsgreater heights and to live my dreams. For this, I amextremely grateful.

I am indebted to my lecturers Prof. Kopoka, Dr. Victor, DrMsaki just to mention few for their patience, help andencouragement. I expand my thanks to my classmate for thecooperation towards the achievement of our target.

Special thanks should go to my student of Tanzania Researchand Career Development Institute (TRACDI) and, Director ofTRACDI Mr Yusuph Ramadhan, and my friend assistance lecturerMr Emmanuel Bildad and Mkonze Secondary School staffespecialy Mr Bernad Nsuha for their passion for academicachievements, constant support and motivation throughout myyears of study.

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Lastly, and by no means least, I would like to thank my lateparents Mr and Mrs Charless Mwakilima for care, moral andcognitive support and I pray God to rest them in peace.

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DEDICATION

This work is dedicated to my Son Charless Maclean Charless

Mwamlangala and My beloved wife Elizabeth Elias Mtati

Mwamlangala, who tirelessly, tolerated my long absence

during the time of my study.

ABSTRACT

This study was conducted in Dodoma-Makulu Ward in DodomaDistrict. The general objective was to assess thecontribution of Land Policy in addressing land conflict inTanzania. The specific objective was to identify the maintypes of land conflict in Dodoma Municipality, to analysethe policy instrument that address land conflicts in DodomaMunicipality, to assess the community knowledge/awareness ofthe existing land policy which addresses land conflicts inDodoma Municipality, to determine the contribution of landpolicy in addressing land governance in CDA and DMC. Specialattention was paid to indigenous people whose age determinedthe accessibility and historicity of land ownership andlevel of education to most people which causes unawarenessof land policy and institutional which govern and

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administrate land matters. The study involved (117)respondents from (7) Institutional Officers in Dodoma regionwho provided their opinions on the study theme. Bothqualitative (mainly) and quantitative methods were employedin data collection and research tool were questionnaire andmethods were observation, interview, documentary review.Combination of both methods and tool ensured methodologicaltriangulation so as to maximize the quality of datacollected which was analyzed using SPSS. The key findingsshowed that the type of land conflict in Dodoma-Makulu wasCDA and people which constitute 26%, People and investorswhich constitute 20%. The study findings show that 80% ofall respondents were affected .The study noted from TLHRRthat SINANA Enterprise (investors) under CDA and TribunalLand demolished houses 119 at Dodoma-Makulu in 2011.Furthermore, The study also noted that 82% of allrespondents were not aware with Land Policy, they claimedthat have no land policy education. The study found that 82%of respondents said CDA have no advantage. The studyconcludes that Dodoma Municipality has frequent incidencesof land conflicts due to poor institutional capacity in landgovernance and lack of land policy education to people. Thestudy noted the significance, that the study will helpinstitution to coordinate in land matters, ways in conflictresolution, helps in policy planning, researchers to assessthe same topic. The study recommends that CDA to be replacedby DMC, Institutional coordination and to provide landpolicy education to the community.

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TABLE OF CONTENTSCERTIFICATION..........................................................iDECLARATION...........................................................iiCOPYRIGHT STATEMENT..................................................iiiAKNOWLEDGEMENTS.......................................................ivDEDICATION.............................................................vABSTRACT..............................................................viTABLE OF CONTENTS....................................................viiLIST OF TABLES........................................................xiLIST OF FIGURES.......................................................xiLIST OF PbLATES......................................................xiiLISTOF ABBREVIATIONS................................................xiiiCHAPTER ONE............................................................31.1: Chapter Overview..................................................3

1.2 Definitions of the Key Concepts............................................31.2.1 Land Use Policy......................................................31.2.2 Land-use conflicts....................................................31.2.3: Land-use planning...................................................41.2.4 Land tenure........................................................41.2.5: Land governance, management and Leadership.............................41.2.6 Urban Planning.....................................................71.2.7 Building Sustainable and Well Governed Land Administration Systems..............81.3 : Background to the Problem............................................101.4 The situational Analysis of the Land use Conflicts in Tanzania...................111.5 Statement of the Problem.............................................161.6 Justification of the problem..............................................18

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1. 7 The Objectives of the Study.............................................191.7.1 General Objectives...................................................191.7.2 Specific objectives...................................................191.8 Research Question....................................................191.9 Significance of the study................................................201.10 Conceptual Fame Work................................................211.12 Description of the Variables............................................22

CHAPTER TWO...........................................................24LITERATURE REVIEW.....................................................24

2.1 CHAPTER OVERVIEWS..................................................242.2 Theories of Land Conflict in relation to case study.............................242.2.1 Karl Marx’s Historical Materialism Theory..................................252.2.2 Ralf Dahrendorf’s Political Power Theory.................................262.2.3 Max Weber’s Power and Authority Theory..................................272.2.4 Talcott Parsons’ Functionalism Theory....................................282.3 Natures of land conflicts...............................................292.3.1 Economic Dimensions................................................292.3.2 Political Dimensions.................................................302.4.3 Spiritually Dimensions................................................302.5: Land Conflicts in Global Level (Developed Countries)...........................312.5.1 Nature of Land Conflicts in the World.....................................312.5.2 Brazil Experiences...................................................322.5.3 Vietnam Experiences.................................................332.5.4 Guatemala Experiences...............................................342.5.5 China Experiences...................................................352.5.6 Cambodia Experiences................................................362.6 Africa Continent: Land Conflicts Experience..................................382.6.1 Kenya Experiences...................................................392.6.2 Sudan and Nigeria Experiences.........................................402.6.3 Mozambique and Zambia Experiences....................................412.6.4 South Africa’s Experience..............................................442.6.5 Ethiopia and Uganda Experiences.......................................452.7 Tanzania Experiences (National Level).....................................472.7.1 Mbeya Region Experiences............................................47

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2.7.2 Dar es Salaam, Morogoro, and Arusha Regions.............................482.7.3 Reviews of Recent Pilot Experiences.......................................502.8 National Land Policy Framework in Tanzania................................512.9 : National Land Policy 1995.............................................522.10 : Enhanced Urban Land Administration Machinery............................572.11 : Policy, Institutional and Regulatory Framework.............................592.12 Women’s Property Rights in Land Ownership in Tanzania.......................632.13 : Special Presidential Committees to Solve Land Problems.......................672.14 : Land Conflict at Local Level: Dodoma Municipality............................69

CHAPTER THREE.........................................................72RESEARCH METHODOLOGY..................................................72

3.1: CHAPTER OVERVIEW..................................................723.2: Design of the Study...................................................723.3: Research Approach...................................................733.4 Area where the Study was conducted......................................733.5 Targeted Population...................................................753.5.1 Sampling Techniques and sample size....................................753.6: Research Instruments and Methods.......................................763.6.1 Observation Guide..................................................763.6.2 Questionnaires.....................................................763.6.3 Interview Schedules..................................................773.6.4 Administering of Research Instruments...................................783.7 Validity and Reliability.................................................793.8 Study Ethics.........................................................793.9 Analysis of Data.....................................................803.10 Summary of the chapter...............................................80

CHAPTER FOUR..........................................................82RESULTS AND FINDINGS..................................................82

4.1 CHAPTER OVERVIEW..................................................824.2 Demographic Characteristics of the Respondents.............................824.2.1 Distribution of Respondents by Sex.......................................824.1.3 Distribution of Respondents by Age......................................844.1.4 Education Level of Respondents.........................................854.2 Knowledge on types of Land conflict.......................................86

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4.2.1 Respondents Knowledge on types of Land Conflict............................864.2.2 Types of Land Conflict................................................874.2.3 The Effects of Land Conflicts towards Community............................894.2.4 Types/Kinds of Effects due to Land Conflicts................................904.3 Analysis of the Policy Instruments on the Land Ownership and Right of Occupancy.....934.3.1 Ability of Respondents to Analyze Land Policy Instrument.......................934.3.2 Effectiveness of the Land Policy.........................................954.4 Assessment of the community knowledge / Awareness of the existing Land Policy which Address Land Conflicts in Dodoma Municipal............................974.4.1 Awareness of Respondents on Land Policy...............................974.4.2 Reasons for Respondents of not being Aware/Knowledgeable on Land Policy.......1004.4.3 Community Perception/knowledge on Advantage of Land Policy in Land Ownership and Right of Occupancy.....................................................1014:5 The Contribution of Land Policy on Addressing Land Governance in Capital Development Authority (CDA) and Dodoma Municipality Council (DMC)..........................1034.5.1 Respondents Knowledge on the Authority/Institution which governs and manages Land Matters in DMC........................................................1034.5.2 Institutional Capacity on Land Governance and Management in DMC............1054.5.3 Operationalization/Functions of the Land policy............................1084.5.4 Effectiveness of Land Policy in Investment Sector-Free Market Economy...........1104.5.5 Land Policy Consideration in Gender.....................................1124.5.6 Possession of Land Certificates (title deed) for Land Registration and Occupancy.....1144.6 Strategies to be taken in order to avoid Land conflict in Dodoma Municipality........1174.7 Summary..........................................................119

CHAPTER FIVE.........................................................120CONCLUSION AND RECOMMENDATIONS.......................................120

5.1 Introduction.......................................................1205.2 Conclusion.........................................................1205.2.1 Types of Land Conflict in Dodoma Municipality.............................1205.2.2 Analysis of the Policy Instruments on the Land Ownership and Right of Occupancy...1215.2.3 Assessment of the Community Knowledge/Awareness of the Existing Land Policy which Address Land Conflict in Dodoma Municipality.................................1215.2.4 The Contribution of Land Policy on Addressing Land Governance in CDA and DMC. . .1225.2.1 Recommendations for Action.........................................1235.2.2 Recommendations for Further Research..................................125

REFERENCES..................................Error! Bookmark not defined.

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APPENDICES...........................................................141

LIST OF TABLESTable 2.1: Summarises the Nature of the Land Disputes

Submitted to President Committees Nationwide.May-2006 69

Table 4.2: Distributions of Respondents by Sex in Percentage83

xii

Table 4.3 Distribution of Respondents on Marital Status 84able 4:4: Distributions of Respondents by Age 85Table 4.5: Distribution of Respondents by Level of Education

86Table 4.6: Respondents Knowledge on the Kind/types of Land

Conflict in Dodoma Municipality 87Table 4.7: Knowledge of Land Laws and Procedures 94Table 4.8: Distribution of Respondents of not being

Aware/Knowledgeable on Land Policy 101Table 4.9: Distribution of Respondents on Awareness towards

Advantage of Land Policy 102Table 4.10: Distribution of Respondent’s Evaluation on CDA

in Land Governance and Management 107Table 4.12: Distribution of Respondents on

holding/possessing Land certificate as registration in Land ownership and occupancy 116

Table 4.13 :Distribution Respondents on strategies to be taken in order to avoid Land conflict in Dodoma Municipal. 118

LIST OF FIGURESFigure1:1: Conceptual frame work showing variables of land

policy addressing land conflict........................21Figure 2.2: MAP OF TANZANIA SHOWING DODOMA REGION.........71Figure 3.3: DODOMA MUNICIPAL COUNCIL......................74Figure 4.4: Kinds/types of the Land Conflict in Dodoma-

Municipality...........................................89Figure 4:5: Community Affected From the Identified Land

conflicts..............................................90Figure 4.6: Kind/types of the Land Conflict in Dodoma.....92Figure 4.7: Analysis of Land Policy Instruments that Address

Land Conflict..........................................95Figure 4.8: Distributions of Respondents on Addressing the

Effectiveness of Land Policy...........................97

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Figure 4.9 Awareness of Land Policy Instrument that Address Land issues...........................................100

Figure 4.10: Distribution of Respondents on Knowledge of Institution Govern/manage Land use planning...........104

Figure 4.11: Distribution of Respondents on Awareness towards Operationalization of Land Policy.............109

Figure 4.13: Distribution of Respondents on Effectiveness ofLand Policy in relations to (Investment) Free Market Economy...............................................112

LIST OF PbLATESPlate 4.1: All Plates Above Showing Demolition Exercise of

Houses in Njedengwa at Dodoma-Makulu Ward..............91Plate 4.2: Showing Police Force Maintaining Security and

Peace during Land conflict at Njedengwa-Makulu in Dodoma-Makulu................................................107

Plate 4.3: TLHR officers and Researcher (Monitor) and indigenous Discussing on issue of detailed Land Conflict information at Njedengwa area (Kisasa West) in Dodoma-Makulu Ward in 2011...................................115

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LISTOF ABBREVIATIONS

BMAD Brazilian Ministry AgricultureDevelopmentCASLE Commonwealth Association of Surveying

and Land EconomyCDA Capital Development AuthorityCO Certificate of OccupancyDMC Dodoma Municipal CouncilDONET Dodoma Networking Environmentof TanzaniaELCs Economic Land ConcessionsFAO Food and Agriculture OrganizationFCDA Federal Capital Development AuthorityGN Gazetted NumberGoT Government of TanzaniaLAS Land Administration SystemLASS Land of Administration Support ServiceLGA Local Government AuthorityLHRC Legal and Human Right CentreMDG’s Millennium Development GoalsMLHSD Ministry of Land Housing and Urban

Settlement DevelopmentMoLHS Ministry of Land and HumanSettlementNAFCO National Agriculture and FoodCooperationNARCO National Ranching CooperationPRSP Poverty Reduction Strategy PaperSPSS Statistical Package for SocialSciencesTANU Tanganyika African Nation UnionTAWLA Tanzania Women Lawyers AssociationTCGR Tanzania Censer General Report

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TLHRR Tanzania Legal and Human Right ReportUNDP United Nation Development ProgramUNHRC United National Human Right CenterURT United Republic ofTanzaniaUSAID United States of American InternationalDevelopmentVEO Village Executive OfficeWB World BankWEO Ward Executive Officer

1

CHAPTER ONE

INTRODUCTION

1.1 Chapter Overview

This chapter presents introductory information about the

contribution of land policy in addressing land conflict in

Tanzania. The main focus in chapter one is the definition

of the key concepts, background to the problem, statement of

the problem, objectives of the study, research questions,

and significance of the study, Conceptual Frame work and

chapter two is Literature review, and chapter three is the

research methodology and the last chapter is the results and

discussion.

3

1.2 Definitions of the Key Concepts

1.2.1 Land Use Policy

This is an international and interdisciplinary instrument

concerned with the social, economic, political, legal,

physical and planning aspects of urban and rural land use.

Land Use Policy aims to provide policy guidance to

governments and planners and it is also a valuable teaching

resource. (Kim, 2012; Rwechungura, 2009)

1.2.2 Land-use conflicts

Land use conflicts occurs when there are conflicting views

on land use policies, such as when an increasing population

creates competitive demands for the use of the land, causing

a negative impact on other land uses nearby (Kim, 2012).

1.2.3 Land-use planning

This is the term used for a branch of public policy

encompassing various disciplines which seek to order and

regulate land use in an efficient and ethical way, thus

preventing land use conflicts. Government’s land use

planning to manage the development of land within their4

http://en.wikipedia.org/w/index.php?title=Land-use_conflicts&action=edit&redlink=1

http://en.wikipedia.org/wiki/Land_use

http://en.wikipedia.org/wiki/Land_use

jurisdictions. In doing so, the governmental unit can plan

for the needs of the community while safeguarding natural

resources. To this end, it is the systematic assessment of

land and water potential, alternatives for land use, and

economic and social conditions in order to select and adopt

the best land-use options. Often one element of a

comprehensive plan, a land use plan provides a vision for

the future possibilities of development in neighborhoods,

districts, cities, or any defined planning area.

(Rwechungura, 2009).

1.2.4 Land tenure

Simply means the condition for holding land. As such

reforming land tenure, or land tenure reform, entails the

transformation of the condition of holding land. In

contrast, land reform is the opening of new lands including

opening up new agricultural land (Fimbo, 2010; Kombe, 2009).

1.2.5 Land governance, Management and Leadership

Land governance is about the policies, processes and

institutions by which land, property and natural resources

5

http://en.wikipedia.org/wiki/Comprehensive_plan

are managed. This includes decisions on access to land, land

rights, land use, and land development. Land governance is

basically about determining and implementing sustainable

land policies. Sound land management requires operational

processes to implement land policies in comprehensive and

sustainable ways. Many countries, however, tend to separate

land tenure rights from land use opportunities, undermining

their capacity to link planning and land use controls with

land values and the operation of the land market. These

problems are often compounded by poor administrative and

management procedures that fail to deliver required

services. Investment in new technology will only go a small

way towards solving a much deeper problem, the failure to

treat land and its resources as a coherent whole. Land

governance and management covers all activities associated

with the management of land and natural resources that are

required to fulfill political and social objectives and

achieve sustainable development. ( Kironde, 2009;

Rwechungura, 2009).

6

Three key elements are focal point to the establishment of

effective urban land strategies: land management, governance

and leadership. First, the land management system operating

in the country determines the issues of land provision,

accessibility, and demand and use of land by urban residents

for their activities. Second, governance is important

because of the complex set of vertical and horizontal

relations among different actors in the urbanization process

and its management, particularly the role of community based

organizations. As land in Tanzania is an asset owned

collectively, good governance in the administration of land

as a collective asset is central. Third, the concept of

leadership is an essential aspect of land management and

governance in urban areas. Effective leadership of the land

management system and of actors engaged in urban governance

should result in an efficient land supply, distribution and

utilization which in turn will lead to sustainable urban

development (Rwechungura, 2009 ; Kombe,2009).

This important interrelationship of the three concepts has

been incorporated into a number of legislations and policies7

put in place by the local and central governments in

Tanzania that guide the management of urban development in

general and land development in particular. The Land Policy

is one such policy passed in 1995 which highlights the

interrelated form of urban governance, leadership and land

management. The National Human Settlements Development

Policy of 2000 clearly emphasizes the issue of governance

and leadership to be considered in planning, development and

management of human settlements in urban and rural areas.

The legislations that guide land use and tenure also take

into account governance and leadership issues. The Land Act

1999, for example, demands that the principle of

participation of various actors and ethics of leadership

have to be followed in its implementation to ensure

progressive land tenure and land use. Furthermore, recent

legislation espousing community participation in land use

and planning include the Land Use Planning Act 2007 and the

Urban Planning Act 2007 (Rwechungura, 2009).

This relates specifically to the legal and institutional

framework for the land sector. The operational component of8

the land management concept is the range of land

administration functions that include the areas of: land

tenure (securing and transferring rights in land and natural

resources); land value (valuation and taxation of land and

properties); land use (planning and control of the use of

land and natural resources); and land development

(implementing utilities, infrastructure, construction

planning, and schemes for renewal and change of existing

land use). All of these are essential to ensure control and

management of physical space and the economic and social

outcomes emerging from it. Land Administration Systems (LAS)

are the basis for conceptualizing rights, restrictions and

responsibilities. Property rights are normally concerned

with ownership and contribution of the global community of

Land Professionals is vital. Measures for adaptation to

climate change will need to be integrated into strategies

for poverty reduction to ensure sustainable development. The

land management perspective and the role of the operational

component of land administration systems therefore need

9

high-level political support and recognition (Crespo and

Cabral, 2010); (WB, 2010); (Toikka, 2009) ; (Kironde, 2009).

1.2.6 Urban Planning

Urban planning (urban, city, and town planning) is a

technical and political process concerned with the control

of the use of land and design of the urban environment,

including transportation networks, to guide and ensure the

orderly development of settlements and communities. It

concerns itself with research and analysis, strategic

thinking, architecture, urban design, public consultation,

policy recommendations, implementation and management. A

plan can take a variety of forms including strategic plans,

comprehensive plans, neighborhood plans, regulatory and

incentive strategies, or historic preservation plans.

Planners are often also responsible for enforcing the chosen

policies (Kironde, 2009); (Rwechungura, 2009); (FAO, 2007)

and (Kombe, 2005).

10

http://en.wikipedia.org/wiki/Historic_preservation

http://en.wikipedia.org/wiki/Public_consultation

http://en.wikipedia.org/wiki/Urban_design

http://en.wikipedia.org/wiki/Architecture

http://en.wikipedia.org/wiki/Human_settlement

1.2.7 Building Sustainable and Well Governed Land

Administration Systems

Land Administration Systems (LAS) provide the infrastructure

for implementing land policies and land management

strategies in support of sustainable development. This

infrastructure includes the institutional arrangements, a

legal framework, processes, standards, land information,

management and dissemination systems, and technologies

required to support allocation, land markets, valuation,

control of uses, and development of interests in land. LAS

are dynamic and evolve to reflect the people-to-land

relationships, to adopt new technologies and to manage a

wider and richer set of land information (FAO, 2007).

The LAS is the fundamental infrastructure that underpins and

integrates the land tenure, land value, land use and land

development functions of land administration to support an

efficient land market that fully demonstrates sustainable

development. The land information should form part of a

wider spatial data infrastructure (SDI) to ensure its wider

use in a range of social, economic and environmental11

applications and services. However, it is estimated that LAS

are only fully operational and work reasonably well in about

30 and mainly western countries (FAO, 2007).

Thus, the fundamental support of LAS in achieving the MDGs

is of serious concern. To support an inclusive approach, a

‘well governed’ LAS is an infrastructure that is managed in

such a way that the products and services are of the

appropriate quality level, affordable, easy to use, support

short transaction times and are fully transparent. The

delivery of this outcome requires a combination of business

and technical skills. The sustainability of LAS is enhanced

when supporting legal frameworks define a view of the role

and function of LAS in the implementation of the land

policy; especially for Land related laws, such as land law,

registration law, fiscal law, land use law and others. The

LAS must operate within and respond to the requirements

within a land policy framework (FAO, 2007).

Recent World Bank research reports indicate ‘land tenure’,

‘land markets’ and socially desirable land use’ are main

12

drivers for a land policy. These three goals comprise a

whole range of instruments, such as the forms of land tenure

and how they are recognized in the country, the level of

land tenure security that should be provided, the

interventions in the land and credit market that are

beneficial, the nature of land use planning, state land

management and land acquisition for the public good, use of

land taxation for budget generation and land use steering,

valuable land reform options and workable solutions for land

conflicts (FAO, 2007).

The land policy is not isolated as it must be embedded in

the wider political agenda of poverty eradication,

sustainable agriculture and housing, protection of the

vulnerable people, equity of social groups and women, rapid

urbanization, food security, climate change and slum

upgrading. It is crucial to understand that LAS can never be

an end in themselves; their nature is to serve society,

whatever that society currently looks like. For many

countries this is definitely a break with the past, because

elements of LAS, such as land registration and cadastral13

boundary surveying, are considered historically as an

instrument of the colonial or otherwise ruling powers to

securing their own land rights. ‘Sustainable’ land

administration systems are therefore systems that serve

society well, by providing effective sets of products and

services that are fully inclusive to meeting demand now and

in the future. This includes the poor who are currently

excluded from participating in many countries (FAO, 2007).

1.3 Background to the Problem

Land has been, is and will continue to be, the human habitat

on planet Earth. It is a resource that cannot be expanded as

human population, the users does and should therefore be

managed with utmost care and as a communal resource. Land is

increasingly becoming a source of conflicts in Sub-Saharan

Africa, where land access has traditionally been

characterized as relatively egalitarian. Land conflict in

the whole world still exists in developed and developing

countries (Peter, 1999; 2004; 2007).

14

Many African countries have recently embarked on changing

their land policies as well as land legislation, and land

reforms of various natures are currently sweeping the

African continent, greatly encouraged, and also often

heavily subsidized, by the international donor community and

international financial institutions. The declared overall

objective of such reforms is poverty reduction and they can

therefore be seen as part of the poverty reduction

strategies (PRSP), which have been developed in a number of

African countries. Land issues have, as far as we know, so

far not received much direct attention in these strategies.

But as the PRSP are aimed at, among other things, enhancing

rural livelihood safety, minimizing conflicts, and promoting

sustainable use and development of land and its resources,

land issues inevitably form an implicit part of the

strategies. However, African governments are faced with an

additional major challenge when dealing with land issues,

for example fighting the widespread land grabbing which is

increasingly taking place almost everywhere on the

continent, often undertaken by the economically most

15

powerful groups, including government officials and

politicians (Toulmin, 2005;Peter 2002). While this

phenomenon increases the need for reforms, its very

existence composes a major constraint in the process of

implementing such reforms. The inter-linkage between land

and power, which is illustrated by such land grabbing, as

well as the use of land in political power struggles in

Africa (Toulmin, 2005; Peters, 2002).

1.4 The situational Analysis of the Land use Conflicts

in Tanzania

According to a paper prepared by the Land Rights Research

and Resources Institute for presentation to the Commonwealth

Association of Surveying and Land Economy CASLE on 29th June

2009 at White Sands Hotel in Dar es Salaam Tanzania, there

are four major milestones in the development of land tenure

system in Tanzania. These are the pre-colonial phase, the

colonial phase, the three decades of independence and the

social economic liberalization phase. During each phase,

land use was determined by the major forces of time and

reinforced by the relation of production. In pre-colonial16

phase for example, land use and ownership was controlled by

respective tribes and clans with varied ways of accessing

using, owning and controlling basing on their own customs

and traditions. No one tribe had a mandate to set up a land

tenure system for others and when disputes arose over its

usage, customary system was applied in settling them. What

was unique in this phase is that principles of equality and

justice were defined and applied within the limits of

tribal/clan jurisdiction and access to and ownership of land

was attached to its use. The famous Maji maji war in

Tanzania 1905 to 1907 and related liberation wars in the

region including the Mau Mau war in Kenya were primarily

meant to reclaim their ownership to land in addition to

other reasons. More than 120,000 hactares of land were

acquired from pastoralists Barbaig in Hanang district

Manyara region and converted into large scale wheat farms

that were allocated to National Agriculture and Food

Corporation (NAFCO) (Mtatifikolo and Lugoe, 2006a, and

Fimbo, 2004).

17

During colonialism, land was alienated from the people for

allocation to the new masters (Germans first then British),

for production of raw materials. Granted right of occupancy

was introduced and accorded a relatively higher status to

deemed rights of occupancy. This was reinforced by the

British colonial land ordinance of 1923. Local communities

lost their rights to use their own land, forced to become

laboures and eventually fought to reclaim their land rights

and sovereignty (Kironde, 2009; Nshala and Rugemeleza, 200,

Fimbo, 2004).

At independence, little changes were made on the land tenure

system as a whole saved for the replacement of governor with

the president, but the powers over land administration were

retained. Other developments especially in the context of

Arusha declaration had enormous bearing on both land use

plans and the rights to land of many Tanzanians. Private

properties were nationalized and the decision reinforced by

enactment of the land acquisition act No. 47 of 1967 to give

more powers to the President to acquire land for National

interests. So, many conflicts arose during this phase18

because the resettlement exercise took place without first

revoking the right to land of the resident communities. So,

the new owners and old ones found themselves in tussles that

were caused by the villagization programme. Generally, the

nature of land use conflicts revolved around the state and

its agencies vis- a- vis communities over the changing use

of their land for the so called national interests. Huge

tracks of land were converted into ranches and or farms

owned by state corporations like NAFCO (National Agriculture

and Food Corporation) and NARCO (National Ranching

Corporation) and sometimes forcibly acquired from

communities with meager compensation or sometimes without

any compensation. This is not to mention to her tracks of

land now approaching 30% that are gazetted and reserved for

use by wildlife and other exclusive usages from the general

public (Fimbo, 2004).

From mid-1980’s, land use conflicts have assumed a different

pattern by involving other actors than the state and small

groups. As the country opened up for liberalization, we have

witnessed an influx of investors who are also interested in19

land. Large tracks are now being leased or privatized to

local and foreign investors for commercial farming, ranching

or mining activities. Allocation of such land has brought

about serious tensions between local communities and the

respective investors for either lack of adequate

consultation or forceful eviction of communities without

compensation. Land conflicts emerging as a result of

economic liberalization are closely linked to what is now

called “land grabbing by persons in positions of the power

or material wealth and influence”. Trends show that there is

an increasing influx of investors into the rural and urban

areas, which is also posing serious threats to food security

for rural based small producers (Fimbo, 2004).

Basing on this historical background, it is obvious that

land use conflicts are going to persist as they take

different shapes depending on forces of the time. There are

high hopes on the new land conflicts resolution mechanisms

that begin from the village level to the court of appeal but

the weak reinforcement mechanisms turns down the hopes. The

recent developments in the land tenure system where the new20

laws have been introduced are equally not reliable as the

institutions established by these laws are yet to take shape

in communities. It is thus imperative to devise concerted

efforts among actors in making sure that reliable mechanisms

are put in place to address the challenges of combating land

use conflicts in Tanzania for the benefit of small

producers. Civil society, private sector and the government

partnership is inevitable in this initiative (Fimbo, 2004).

At the centre stage, there should be a strong leadership of

professional bodies to bring in their professional

experiences. In 1895 the German colonial power issued an

Imperial Decree which said that “…all land in German East

Africa shall be regarded as unowned”.When the British took

over Tanganyika after the First World War, they continued

this practice, issuing in 1923 a Land ordinance which stated

that all land was public, under the Governor. In 1958 the

colonial government proposed the introduction of individual

ownership of land, so-called “freehold”. This reform was not

implemented due to strong opposition from TANU (Tanganyika

African National Union). At independence, in 1961, President21

Nyerere declared that “land is a free gift from God to all”.

Two years later, in 1963, TANU decided that chieftainship

should be abolished. The chiefs had traditionally been

authorities of land allocation and guardians of customary

law. Land allocation was from then under the District

Administrations and villages. Unlike in Mozambique and

Uganda, the chiefs have never been reinstated (Nshala and

Rugemeleza, 2008; Fimbo, 2004).

Another change in the socialist era with drastic

consequences was the Land Development and Management Act.

This act applied to the whole of the Maasai district as well

as to many other Pastoral areas – except national parks.

Under the new law, pastoralists had to organize themselves

in Ranching Associations in order to have land rights. When

registering, they became a corporate with consequential

rights. With the implementation of the law, all customary

rights and titles to land, grazing and water rights were

extinguished (Deininger, 2006; Fimbo, 2004; Shivji,

1997;1998).

22

In 1973 the infamous Operation Vijiji (Villagisation) was

carried out through. The operation, termed as one of the

greatest social experiments in post-colonial Africa,

entailed forced relocation of hundreds of thousand, perhaps

millions, of people. The government wanted people to live in

Ujamaa (Socialist) villages to facilitate services and

communal farming. Registered villages usually had a

population between two and four thousand. District

Development Councils allocated land to registered Ujamaa

villages (so-called village land), and Village Councils

(first elected in 1975) allocated a piece of land to

households. The authorities expected that customary tenure

would cease to exist as a result of the operation, but this

did not happen. In the 1980’s, when the villagisation

project was abandoned, many people moved back to their

original homeland, only to find that other people had

settled there. The result has been land tenure confusion and

disputes all over the country. Peasants whose land had been

taken and handed to other peasants have used the court

system and in most cases won the land back (Fimbo, 2004). A

23

major problem in the whole post-colonial period has been the

unclear procedures concerning who in fact has the authority

to allocate land. When urban and rural local government was

reintroduced in the late 1970s and early 1980s, the

administration of land got more unclear than ever (Huggins

and Clover, 2005).

1.5 Statement of the Problem

Land is also a conflict-ridden resource; and, due to its

many meanings; a sensitive issue in Africa. Disputes and

conflicts about land occur at all levels: Conflicts between

neighbours about field boundaries; between men, women, and

generations about their respective land rights; between

pastoralists and farmers; between states and indigenous

peoples; between investors and local populations about

rights to exploit mineral and other resources ( USAID,2005)

In Tanzania, only a small number of land parcels are

registered, there are just over 165,000 land parcels

registered nationwide and most of these are in urban areas.

As a result, 90% of Tanzanians cannot be located through a

24

property registration system. The majority therefore lack

formal security. Only 2% of rural land is held under

statutory tenure. Studies by the Ministry of Lands and Human

Settlements Development have shown that about 80% of people

in urban areas live in unplanned settlements. Population

growth means extra stress on land resources. Some 80% of

land holdings in urban areas are held informally without any

formal title. The number of people who hold some kind of

papers related to land is higher since there many who were

given “offers” to a right of occupancy and who did not

pursue this to the full titling and registration level.

There are also those who hold residential licenses (most of

which however must have expired since they were of a two-

year duration and have been allocated since 2004), which are

registered as documents (Kironde, 2009; Wehrman, 2008).

Also, under the Land Dispute Courts Act No.2 of 2002 and

Regulations G.N. 174 of 2003, Land Tribunals have been

established in 23 Districts since October, 2004 and the High

Court Land Division is also in place. By April, 2006, 5,583

cases had been filed in the Land Tribunals and 2,632 have25

been decided, 2,951 cases are pending. Most disputes are

about ownership of land, land boundaries, non – payment of

house rents, inheritance of land (houses). Given the

complexity of causes leading to land disputes, as well as

their diversity and the large number of different actors

involved, requires an integrated, system-oriented approach

for solving land conflicts and for preventing additional

ones (Wehrman, 2008).

Today the issue of land is often treated with fervent

sentimentality and sensitivity and in many ways, considered

explosive. According to Constitution of United Republic of

Tanzania of 1977 states on Right to own Property Act No.15

of 1984 Article 6 Act No.1 of 2005 Article 9 where the

constitution guarantees the right of ownership of property

anywhere in the country in 24.-(1) every person is

entitled to own property, and has a right to the protection

of his property held in accordance with the law. (2) Subject

to the provisions of sub article (1), it shall be unlawful

for any person to be deprived of his property for the

purposes of nationalization or any other purposes without26

the authority of law which makes provision for fair and

adequate compensation. But the constitution is contrary to

incidences of land conflict experienced by Tanzanians due to

both new and long standing land disputes that have been

continuous, seasonally heightening into land conflicts. Land

conflicts have been bloody and often characterized by

massive population displacements and extensive destruction

of property to levels that culminate into international

humanitarian crises (Nyadimo, 2005).

Despite the fact that Tanzania government has Constitution

and National Land Policy made for dispute resolution

mechanism on solving land conflict, still there is frequent

increase of land conflict in Dodoma Municipality

1.6 Justification of the problem

The study area is facing with high intense of land conflict

due to the increase of population which cause struggle for

land use and these conflict can be analyzed into many parts

like investors and residents, state and residents,

residents and residents. Therefore, the extent of increasing

27

land conflict is day to day despite that there is applicable

land policy.

Therefore, this study intends to assess the contribution

of the land policy and its instruments on addressing land

conflict, in Dodoma Municipal as a case study.

1. 7 The Objectives of the Study

1.7.1 General Objectives

This study was intended to assess the contribution of

Land Policy in addressing land conflicts in Tanzania.

1.7.2 Specific objectives

i. To identify the main types of land conflicts in

Dodoma Municipality.

ii. To analyze the policy instruments that address

Land Conflict in Dodoma Municipality.

iii. To assess the community knowledge / awareness of

the existing land policy which addresses Land

Conflicts in Dodoma Municipality?

28

iv. To determine the contribution of Land Policy in

addressing Land governance in Capital Development

Authority(CDA) and Dodoma Municipality Council

(DMC)

1.8 Research Question

The study was guided by the following questions

i. What are the main types of Land conflicts in

Dodoma Municipality?

ii. How do Policy instruments address Land Conflicts

in Dodoma Municipality.?

iii. To what extent are communities knowlgeable /aware

with land policy in Dodoma Municipality.?

iv. What are the contributions of Land Policy on

addressing Land governance in CDA and DMC?

1.9 Significance of the study.

• The study will help institutions concerned with land

matters to change their mode or way of governing and

29

administering land matters which can be the source of

avoiding land conflict.

• Information obtained will provide good management on

land. This will increase the developmental project for

sustainable development.

• It will show the government on the good way or methods

of conflict resolution between people and respective

authority governing land issues.

• The findings will help the government to coordinate

all institutions which govern land matters in order to

provide proper decision making on land issues.

• The information obtained, shall be used by other

researchers interested in assessing the same related

topic as a secondary source.

• Findings of the study will help policy makers and

planners in decision making, in relation to the

development of the world, by making land as a vital

thing in a free market economy.

30

• The findings will help Community of Tanzania to get

scientific or empirical knowledge on processes of land

ownership and the right of occupancy abiding to the

policy instruments that is laws and acts of land

issues.

1.10 Conceptual Fame Work

A conceptual framework explains either graphically or in a

narrative form the major issues in the study, including the

constructs or variables and presumed relationship among them

(Kombo, 2006). The conceptual framework assumes there are

different causes of land conflicts in Dodoma Municipality as

articulated in the conceptual framework.

Figure1.11: Conceptual Frame Work Showing Variables of Land Policy in Addressing Land Conflict

31

Interveningvariable

Dependent variable

Independent variable

Actors

LAND RESOLVED CONFLICTS Management

and Administration in land (good governance ofland)

Proper distribution of land for settlement

Agriculture Industries Resident ial

Houses

GOVERNMENT ACTORS Ministry of

land and Human settlement Development

Ministry of Natural Resources

CDA DMC DONET Community

education (perception)

TAWLA

LAND POLICY

Registration/Licences/Title deeds

Laws and acts

Ownership and right of occupancy

Source: Adapted from Wehrman (2005)

1.12 Description of the Variables

Tanzania land as a natural resource is vested under the

government particularly the president power of ownership,

but the land acquisition act of 2002 provides for procedures

to acquire land which have divided into three categories as

General land, reserved land, and Village land. But this

study dealt with the general land (urban land).

32

BACKGROUND VARIABLE Age Gender (sex) Education Occupation Place of birth

Therefore, when there is good land use planning and proper

distribution for land settlement to people of Dodoma

Municipality, Tanzania in particular using National land

policies and policy instruments like laws, acts, and

regulations of land by the government under their Ministries

of Land and Settlement, Ministry of Natural Resource, it

will result into a complaints on land, hence no land

conflict within the community.

Also, the competition between social groups is an important

point. In many cases, the competition over resources

reshapes social tensions around landed resources and water

access (Peters, 2004 and Hulme, 2000), when National land

policies consider gender in ownership of land, government

and Non –governmental organization (DONET, TAWLA), when

these organized together agree on the right of land

occupancy between men and women, that all people are equal

and right to posses land, these will resolve the land

conflict in Dodoma Municipality.

33

Not only that but also, the government institutions must

consider the role of customary laws of land ownership,

because it might happen that society lived for many years

before their ancestors they used customary laws in land

possession, but due to the high demand for land to the

investors and human settlement, the government uses the

current land policy instrument to grab land from people,

this causes emanation of land conflicts in Dodoma, and in

Tanzania at large. Another is that, laws and regulations

about land ownership and right of occupancy should be

educated to people to make them aware before land use, when

the whole master plan of the Dodoma Urban will be provided

to the public, conflict will be resolved between CDA, DMC,

Land Tribunal, and the community of Dodoma. The competition

between or in social groups is important.

34

CHAPTER TWO

LITERATURE REVIEW


This chapter discusses land concepts and theories of natural

resource conflict relevant to the case study and also

provides a conceptual discussion of the land conflict

experiences at regional, region, and at local level, and

focusing on the contribution of the land policies that

addresses land conflict in Tanzania. It also reviews

35

literature on the dimensions of land conflicts and

negotiation as well as the evolution of land conflicts in

Tanzania.

2.2 Theories of Land Conflict in relation to case study

The theories of conflict ideally aim at explaining why and

how conflicts prevail amongst human beings in their social

settings life. The most widely documented are structural

theories which focus on structures and institutions of

society in explaining the causes of conflict and therefore

look at structural transformations as a major solution to

conflicts. There are mainly four structural theories as

propounded by Karl Marx, Ralf Dahrendorf, Marx Weber and

Talcott Parsons will be discussed despite of their

weaknesses, the theories’ tenets of political, economic,

social and historical factors provide a relevant framework

in which the case study land conflict can be analyzed.

2.2.1 Karl Marx’s Historical Materialism Theory

Karl Marx’s thesis on the causes of conflicts originate from

his idea of historical materialism which states that long

36

term social changes in any society passes through stages

which are driven by “class conflicts and forces of

production (technology, raw materials and scientific

knowledge) and relations of production (i.e., ownership of

means of production, that is Dodoma Urban Land between the

ruling and working class)” (Le Roux and Graff, 2001). The

forces of production and relations of production combined

are called the infrastructure (Giddens, 1971), due to the

scarcity of that infrastructure cause conflict between two

social group, likely Dodoma land conflict. In Marx’s

reasoning, it is this infrastructure or economic base

(material conditions) which ‘largely determines what happens

in the political, social and cultural spheres of society (or

the superstructure)” (le Roux and Graff, 2001, p. 29). Marx

contends that since the material conditions of a society

form the “basis of its social structure and human

consciousness”, it follows also that conflicts have their

“roots in the material conditions of life” which are in turn

entrenched by class differences between people (Marx quoted

in Tucker, 1978, P 4; Schellenberg, 1982, P .62; Carnoy,

37

1984,P .46). In Marx’s analysis, the capitalist society -

which ideologically and legally uphold class differences

(between the proletariat and the bourgeoisie) - cannot be

devoid of class conflicts which he predicted that in the

long run will see the masses organizing a revolution to

overthrow capitalist exploitation (Offe, 1974; Webster,

1990). However, although Marx established one of the solid

steps towards a comprehensive explanation of the causes of

conflicts.

Callinocos (1985) observes that Marx’s is economic

deterministic in nature. In other words, Marx attributes

almost all conflicts to economic forces, ignoring other

factors. This theory can explain the nature of land conflict

in Dodoma municipality in the way that due to the increase

of population it results the shortage of land, eventually

struggle for land will occur in order people to use for

economic and social purpose, but government intervene for

future planning, actually land conflict emanates between

community and government.

38

2.2.2 Ralf Dahrendorf’s Political Power Theory

Dahrendorf, a contemporary sociologist most identified with

conflict theory, developed his own concept of conflict by

adopting some of Marx’s propositions while discarding the

ones which he felt were misleading (Dahrendorf, 1959, p. 125),

Schellenberg, 1982). Dahrendorf agrees with Marx that

economic structure of any society determines other aspects

of the society and that economic structure is at the base of

social conflicts (Dahrendorf, 1959, p .125. He also concurs

with Marx that class conflicts are inevitable (Schellenberg,

1982, p. 68). Dahrendorf also sustains Marx’s proposition

that there is always the dominance of one group over the

other and that “from any given dispute, there are never more

than two positions that struggle for domination in which one

group presses for change while the other one for the status

quo” (Dahrendorf, 1969, p. 26).

Despite these agreements, Dahrendorf departs from Marx by

arguing that changes (hence conflicts) in social structure

can be caused by endogenous factors (factors originating

39

from the structure itself) and exogenous political factors

(which he refers to as authority) which in his thesis are

regarded as a more prominent cause of conflicts than

economic factors (Dahrendorf, 1959, p .127, Schellenberg,

1982, p.68). This proposition repositions Dahrendorf to view

the state and the economy as two separate institutions.

Dahrendorf further argues that while “classes always tend to

show antagonistic relations (struggle), this is not

necessarily so” (Dahrendorf, 1959;Schellenberg, 1982, p. 69).

According to Dahrendorf, (1959) effective use of political

power from the state institutions like Ministry of Land and

Human Settlement (MOLHS). Capital Dodoma Authority (CDA),

Dodoma Municipal Council (DMC) and other must have good

governance, management and leadership (which according to

him, does not necessarily arise from economic power) and

legitimacy leads to orderly and stable societies with no

conflict.

40

2.2.3 Max Weber’s Power and Authority Theory

Focusing on the role of power in conflicts, Weber extends

Marx’s conceptions by showing that power may lead to either

of two unrelated scenarios: conflicts or social order. In

Weber’s analysis, the scarcity of resources and rewards

(which entails that one person or entity gains at the

expense of the other) results in competition amongst groups

of people and the government as the owner of the land which

have its authority in land use management. Conflicts in a

social setting in Weber’s theory are therefore an outcome of

this competition likely Dodoma municipality, where conflict

emerges due to urbanization of the region, then conflicts

arises between government actors likely CDA and Community.

However, these resultant conflicts do not necessarily lead

to warfare or violence (Giddens, 1971). Defining power as

“the probability that an actor will be able to get or

realize what he wants even against opposition or competition

from others with whom he is in a social relationship”, Weber

argues that those who successfully compete gain more power

than those who fail to do so (Giddens, 1971). 41

2.2.4 Talcott Parsons’ Functionalism Theory

Renowned for his functionalist concept, Parsons likens human

society to biological organisms where different institutions

(just as different parts of biological organisms) make a

society and “are interrelated and interdependent with one

another in a system” (So, 1990, p. 20). Also, just as each

“part of the biological organism performs a specific

function for the good of the whole, each institutions also

performs a certain function for the stability and growth of

the society” for example government Institutions likely

Dodoma Municipal Council (DMC), Capital Development

Authority (CDA), Land Tribunal Court, to mention a few, when

there is institutional communication between them there will

be no land conflict in Dodoma Urban (So, 1990,p.20). Parsons

argues that every society must perform four crucial

functions for it to survive: “adaptation to the environment

(performed by the economy); goal attainment (performed by

the government), integrating or linking all institutions

together (performed by legal institutions and religion) and

maintaining values from generation to generation (performed42

by the family and education)” (So, 1990,p. 20). Institutions

in any society strive to maintain a ‘homeostatic

equilibrium’. Where there is disequilibrium, conflicts will

occur in order for society to adjust accordingly to the

changes, strains, tensions and contradictions in one

institution (So, 1990). Policies depends much on the good

management and administration of the interdependent of the

institutions and this will avoid land conflicts in Dodoma

Municipality .Therefore this theory it explain on the

importance of institutions in Dodoma municipality that if

well organized in management, conflict over land will be

avoided.

2.3 Natures of land conflicts

2.3.1 Economic Dimensions

Land availability in most developing countries remains one

of the foci of national and international actors’ policy

interventions. A consensus is emerging among many scholars

that access to land has economic, political and spiritual

dimensions which can hardly be ignored Cocozzelli, (2006,

43

p.49). From the macro-economic point of view, agricultural

based economies depend on land for the production of crops

that are exported as well as consumed. At micro level land

is one of the main sources of livelihood, through

Industrialization and agriculture especially in developing

countries likely Tanzania where job opportunities are also

scarce (Hallward, 2006). But according to Van Rooven and

Mbuli (1996,p.466), and Olsson (2000,p.3) agree that access

to land, though not a prime factor, is an important factor

in addressing poverty, lack of access to land is regarded as

a major loss of livelihood for many people especially in

developing countries ( Myers,2006; Huggins and Clover,

2005, ).

2.3.2 Political Dimensions

From a political dimension, land availability is to a

reasonable extent determined by the land policies of the

political regime in power. Izumi (1999,p.9) observes that

political parties have used the question of the direction,

the pace and the way in which land problems are handled as a

44

means of bidding for and acquiring power in the political

arena. Izumi’s observation is fair descriptions of most

agro-based governments which, motivated by the quest to

preserve their legitimacy amongst ordinary citizens, usually

adopt land reforms in a reactive as opposed to a pro-active

way. Political regime when design and implement land

policies by not involving community in the country, this

cause the emanation of the land conflict between the

government and people.

2.4.3 Spiritually Dimensions

Spiritually, as Huggins and Clover (2005, p. 6) comment, land

provides “a source of feelings of ancestral belonging, as

ancestors are buried within traditional territories”. Some

typical examples of spiritual inclinations include the

continuous refusal by residents of Malawi’s Shire Valley

district of Nsanje and Mozambique’s Resende island (in Caia

district) to leave their flood prone areas and relocate to

upland areas for fear of deserting and therefore angering

their ancestral spirits. Thus it can be argued that while

45

the strength of each of these dimensions greatly varies in

many countries, it is not debatable that lack of access to

land can cause conflicts (Ohlsson, 2000). It can, however,

be argued that it is the extent of the scarcity of land

which significantly determines the extent to which economic,

political, gender and spiritual forces will cause the

conflicts.

In Rwanda for example, the loss of livelihood as a result

of scarcity of arable land enabled the genocidaires of

Rwanda to mobilize a large part of the population as

perpetrators in the 1994 Rwandan genocide Ohlsson (2000);

Bigigaza (2002,p. 50) Essentially, the scarcity of land

access is caused by three major factors. Firstly, land

degradation causes the total size of an imagined resource

pie to shrink (Bakut 2007, p. 246) places Niger, Somali and

Sudan’s Darfur region in the category of countries where

land degradation has caused scarcity of land. Secondly, high

population growths in countries such as Malawi and Sudan’s

Darfur region prevent equitable sharing of land (Bakut,

2007, p. 246). Thirdly, as observed by Ohlsson (2000) and46

Cross and Friedman (1997), unequal land access which allows

powerful segments of the population to capture large amounts

of (land) resources usually leads to land scarcity for large

but weaker groups of the population.

2.5 Land Conflicts in Global Level (Developed Countries)

2.5.1 Nature of Land Conflicts in the World

Conflicts over land occurring within a nation state don’t

merely affect individuals or groups of people, but can be an

important threat to a country’s stability, especially in

developing countries likely Tanzania and countries in post-

conflict transition (UNHRC, 2004). In many of these

countries, opportunities for economic gain through illegal

or non-regulated transactions involving land are manifold,

resulting in an increasing number of people losing their

land to arbitrary and often illegal economic transactions.

Land tenure security and access to land are essential

preconditions in reducing rural and urban poverty and

ensuring the realization of fundamental human rights As a

result the importance of securing land rights, ensuring the

47

full implementation of existing land laws and the

empowerment of local communities to claim the rights to

which they are entitled cannot be stressed enough. Possible

mechanisms include “training of law enforcers, building

legal literacy at community level or assisting communities

to pursue their land rights through the judicial system”

(UNDP, 2008; UNHRC, 2004).

Land conflicts occur in many forms. There are conflicts

between single parties (as for instance boundary conflicts

between neighbours), inheritance land conflicts between

siblings and disputes over the use of a given piece of land,

acquisition of land for public interest. These conflicts are

comparably easy to solve. Those that include several parties

though - such as group invasions or evictions of entire

settlements – are more difficult to deal with. In Brazil, in

the State of Amazonas, it is suspected that fully one third

of its land area has been illegally appropriated (Brazilian

Ministry of Agrarian Development, 2001). But by far the most

complex land conflicts are those that include corrupt land

administration and state capture.48

2.5.2 Brazil Experiences

According to Pons and Solignac (2004), argued that in

Brazil, tenancy has been a means for labor to advance their

socio-economic condition in agriculture yet in Brazil and

Latin America, tenancy rates are low compared to the U.S.

and the OECD countries. They test for the importance of

insecure property rights in Brazil on the reluctance of

landowners to rent because of a fear of expropriation

arising from land reform. Since 1964, the Land Statute in

Brazil has targeted rental lands for redistribution. The

expropriation of farms, resulting from land conflicts, is

currently at the heart of land reform policies in Brazil.

Land conflicts are a means for landless peasants to bring

attention to land reform agencies for the need for

redistribution. Land conflicts may also signal to landowners

that their land is at risk for expropriation. Utilizing data

across all counties in Brazil, they found that land

conflicts reduce the likelihood of tenancy. This result

implies: a reduction in agricultural efficiency; a reduction

in the well-being of potential tenants, now landless49

peasants; and an expansion of the agricultural frontier

through deforestation (Nongkynrih, 2009; Burma, 2009).

2.5.3 Vietnam Experiences

Urban land disputes are among the most contentious issues in

Vietnam today. Over the last two decades, economic and legal

reforms have stimulated new sets of property relationships

among state and social actors (Kim 2008, P.9). They have

triggered the return of individual property and brought

Vietnam into the globalized economy that is characterized by

legally protected property rights. While reforms have been

spectacularly successful in stimulating a vibrant

residential land market, an urban construction boom, and an

ascendant middle class (Leaf, 2002), they have also

unleashed waves of conflict over property rights and

property use. ‘‘Hot spots’’ have erupted where people

directly and sometimes violently challenged state land

policies and officials. Thousands of urban land disputes are

reported in Vietnam each year .Together with bureaucratic

corruption, a phenomenon that is often closely related to

50

land administration; grievances about access to urban land

pose a serious challenge to government legitimacy and social

stability in Vietnam (Kim 2008, p.8).

In response, to the Vietnamese government has tried to

clarify land rights and increase public accountability for

land administration .In addition, it has also enlisted

courts and tribunals to resolve the most intractable cases

(Ginsburg and Chen, 2009). This policy of judicialization

the willingness of states to submit new social and economic

arenas to regulation by courts slowly if unevenly taking

hold in socialist transforming Asian countries such as

Vietnam, (Fu, 2010) and (Gillespie, 2007). It evidenced that

the limits of judicialization in resolving urban land

disputes in Vietnam. Also according to Fernandez, Pereira

and Khatso, 2007 this investigation is particularly relevant

to China, India, which is experiencing a similar wave of

urban land disputes to Vietnam (Whiting 2011, Haokip, 2008;

Marring, 2008).

51

2.5.4 Guatemala Experiences

A study done by Mentrup (2004) reported that 35 rural and

urban land conflicts in the region Verapaces in Guatemala

unveiled that 37% have been accompanied by high levels of

violence including murder, personal injury and damage to

property. In 28% of the conflicts, violence reached middle

level characterized by dispute, hate, assaults and

intimidations. Another 18% of cases were marked by low

levels of violence such as mistrust, disagreements and lack

of patience. Only 17% of all land conflicts profited from

co-operative relations that were based on trust and

patience. Therefore Guatemala faces the challenges of land

conflict this depends to the land laws, acts and acting of

the constitution in the country.

2.5.5 China Experiences

A number of anthropological and sociological studies of

property rights in China and Vietnam (Sturgeon and Sikor,

2004), studies shows that Land conflicts due to

privatization in Georgia and Mongolia .In Mongolia, the

52

privatization of urban land has resulted in quite a number

of multiple allocations of land due to illegitimated claims

and ineffective, inefficient land administration agencies

whose staff is partly lacking capacity, partly open for

inappropriate practices. This lobbyism, clientelism and

corruption during the privatization process contributed

negatively to the already low faith of Georgian citizen in

their government then they started to enter into conflict in

order to acquire there right to land ownership (Baatar,

2007; Bokeria ,2006). Resolution of these conflicts lacks

transparency have questioned the effectiveness of

formalizing property rights and critiqued its lack of regard

for cultural and historical variations of place. They show

that recent law reforms in these countries have introduced

registered property rights that promote exclusiveness, in

the sense that they bundle multiple land rights into the

hands of single entities. But contrary to De Soto, they

argue that exclusive property rights have tended to

complicate land disputes by separating rights and duties

53

associated with land from the political and social

relationships of land regulators and holders.

Also according to Yeh (2005), Maring (2007), addresses that

more controversially, the studies further claim that

officials in the pre-reform, socialist system could flexibly

accommodate overlapping claims to the same property, because

property relationships could be changed at policy and

implementation levels with relative ease. This resulted in

permeable land boundaries that shifted over time to reflect

changing community views about just access to land. For

example, at one end registered property owners such as

foreign investors rely on substantive law to define their

entitlements to land (Kim 2008:31, p.51; Tenev, 2003, p.68).

2.5.6 Cambodia Experiences

Land grabbing in Cambodia involves international as well as

national companies interested in mono-crop cultivation or

the creation of tourist resorts, and also increasingly

individuals in powerful positions, such as government

officials or military officers acquiring land for private

54

use. As a result most land disputes in Cambodia are of an

asymmetrical nature involving parties with highly differing

levels of power, which further complicates the process of

resolution (Eschborn, 2008; Wehrman, 2008).

Not infrequently does conflict over land turn violent when

per urban people are forced off their land by armed

soldiers, or threatened and intimidated by armed security

guards. Many reports and newspaper articles confirm cases of

injuries and even deaths among Cambodias Municipal. The

Constitution of the Kingdom of Cambodia adopted in 1993

included provisions for legal private ownership and for

state property, whose control, use and management was to be

protected by law (UNDP, 2007).

Additionally a Land Law introduced in 1992 extended private

property rights to Cambodian citizens, allowing them to

apply for certified use rights; ownership, however, could

not be obtained. According to this law, land certificates

were to be given to all those who applied for them and could

prove to have been in possession of the land for at least

55

five years. However, estimates show that as a result of

limited capacities to process the claims, of about 4 to 6

million applicants only 15% had received formal land

certificates by the year 2001 of all applicants in 2006,

only around 20-25% received a certificate. As a result, in

a majority of the land dispute cases, the victims are not in

possession of land ownership documents to assert their

claim, even though they might have been in possession of the

land since the new distribution of land in 1989 (UNDP,

2007).

According to the Land Law, foreigners cannot obtain

ownership of land, but economic concessions provide

investors with exclusive rights to manage and harvest land

for up to 99 years. Yet very often the land acquired through

economic land concessions (ELCs) is not used productively

but rather for speculation, and therefore remains unused for

several years (UNDP, 2007). Until now these economic land

concessions are at the source of most land related disputes

and have served to dispossess a large number of urban

communities, including indigenous groups, from cities; in56

most cases without prior consultation or adequate

compensation. In the six years after the passage of the Land

Law, which left a lot of room for acting outside of its

stipulations, more than a third of Cambodia’s arable land

had been lost to concession grants leading to a shortage of

available land (Guttal and Shalmali, 2006).

Instead of contributing to poverty reduction and providing

increased employment, as had been announced, “economic land

concessions have compromised the economic, social and

cultural rights of urban communities in Cambodia” The new

Land Law enacted in August 2001 was to specify and regulate

all areas that had remained unclear in the 1992 Land Law,

including leases, land concessions, indigenous community

property, land title registers and dispute resolution. The

new Land Law classifies land (UNDP, 2007).

2.6 Africa Continent: Land Conflicts Experience

In many African countries, violent conflicts are directly

related to the competition for access and the use of land

and natural resources. Competing claims to land and natural

57

resources and inequitable access to land and inadequate

access for the poor has been and is the source of major

conflict in many African societies. Even where land is not

necessarily at the root of conflict, tenure disputes often

emerge in the course of conflict and serve to perpetuate

insecurity and instability. As the World Bank has pointed

out, a highly skewed distribution of land ownership and

patterns of land access can foment social conflict and

violence. The likelihood of violent conflict increases when

gross inequities characterize land-holding patterns,

particularly when a large landless or land-poor population

has limited livelihood opportunities. Attention to land

policy and land governance, therefore, needs to be a part of

any development or peace building efforts in conflict-

affected or conflict-prone environments, as it is

increasingly evident that land policy and land management

are intimately linked to social stability and conflict

management (World Bank, 2008).

58

2.6.1 Kenya Experiences

According to the scholar Kariuki (2005), argues that land

conflict in Kenya especially depends much on policies of the

state, in Nakuru District, thousands of families have been

internally displaced as a result of land conflicts within

the past ten years. The families settling in urban areas did

not only contribute to additional land conflicts there, but

also had to find new sources of income as the majority of

Kenyan families is de facto headed by a woman who mainly

depend on farming which was impossible to be continued in

the new (peri-urban) setting due to the lack of own land.

Moreover, Kariuki (2005) reported that, although women

discovered other means of earning a livelihood, such as

hawking, farming on rented land, doing domestic help or

prostitution and proved to be more innovative and capable in

dealing with the changed circumstances than men, they were

not satisfied at all. To them, owning land (even if it is

only indirectly through their husband or another male

relative) is very important and they would prefer farming on

59

their own land to what they are doing today. Their being

displaced from their land has caused them a lot of social

problems due to family disintegration. Land is therefore of

great importance to family welfare and the women value it,

not for the wealth accumulation, but as social commodity.

Therefore, despite being more innovative and capable than

most men in dealing with the post-conflict situation (many

men simply becoming alcoholics), women feel more vulnerable

in case of land conflicts as they are less socially or

financially independent than they have been before.

2.6.2 Sudan and Nigeria Experiences

Land Conflict in Darfur fuelled by environmental

degradation, privatization. According to a recent study by

UNEP, the Darfur conflict is another example of a conflict

rooted in a struggle over land. The Darfur conflict is a

typical example of a land conflict in urban, resulting from

diverse changes and leading to a much bigger conflict or

even war. Many conflicts are due to change, in the Climate

change, environmental degradation, demographic and economic

60

transition often triggers disputes over land. Privatization

does not force people to fight for land, but it offers

(illegal) opportunities to make an economic profit, which

later lost their settlement places and the government denied

to make compensation in order to own land, that they can

have settlement, many women and children are in danger life

in Darfur due to the ineffective land policy and commitment

of government to serve people, hence lead to land conflict.

The Act has been criticized for promoting insecurity of land

title. Although a Certificate of Occupancy confers, at

least, a leasehold interest, in reality it does not protect

the holder against arbitrary and punitive actions of

government officials, even forcible eviction.

According to Kariuki (2006) reported that, between 2003

and 2007, thousands of Abuja residents in Nigeria were

forcibly evicted and their houses demolished with impunity,

many of them holding legal documents issued by the relevant

authorities. Officials of the Federal Capital Development

Authority (FCDA),same functions as Capital Development

Authority(CDA) in Dodoma claimed that the relevant documents61

were inconsistent with the Abuja’s master plan, even though

they predated it by many years and were Issued by the

relevant government agencies at that time. In consequence,

the banks have become reluctant to accept landed property as

collateral because Certificates of Occupancy cannot be

relied upon, hence this cause the emanation of the land

conflict between people of urban and the government of

Nigeria.

2.6.3 Mozambique and Zambia Experiences

According to Bowen (2000) and Tanner (2002),

Mozambique’s, Zambia land policy explicitly accepted that

customary land systems were carrying out an important

"public service" low cost to the state. Anthropological and

sociological research done by a range of other fieldworkers

had found that customary tenure systems still accounted for

over 90 percent of land tenure rights in the nation, and

that customary leaders' control over and management of land

and natural resources remained strong and was seen by

people as legitimate (Norfolk; Tanner, 2007).Many research

62

found that locally, chiefs were more or less successfully

distributing parcels of land to community members, mediating

internal land-related conflicts, and maintaining and

protecting community graveyards, sacred forests, communal

areas and sites of historical importance (Norfolk, 2004,p.

31–34), his research also confirmed that customary land

management units – and the boundaries between these units –

were still recognized and considered valid by local people

and could be identified through processes of participatory

fieldwork, this case is also investigated in other African

countries likely Botswana, and Senegal (Norfolk, 2007;

Tanner, 2002).

According to Norfolk and Tanner (2006) a report that Decree

15/2000 recognizes "community authorities" as "people who

exercise a specific form of authority over a specific

community or social group" and who undertake various

functions, including allocation and management of land, as

well as other obligations such as: dissemination of

government laws and policies among community members;

collaborating with government in keeping the peace and63

fighting crime, including specifically the illegal

exploitation of natural resources; civic education of

community members; mobilization and organization of people

for community development activities; mobilization and

organization of people for tax payment; and other

activities. According to Norfolk (2006) reported that

Decree 12/2000 was issued in response to government

officials' assessment that it was necessary to re-instate a

form of administrative control over communities at the

lowest level; this definition turns "community authorities"

into a kind of extension of state administration, exercising

an essentially public role (Norfolk, 2010; Ratner 2010;

May, 2000).

Kariuki (2006) argues that the problems with land and women

range from tenure disputes, unsuitable land legislation,

land administration, land grabbing and invasions Article 23

of Zambia’s Constitution of 1991, amended in 1996, and

forbids laws that discriminate on the basis of sex. Equally,

the Lands Act (1995) is gender neutral and treats men and

women the same; it is not biased towards either male or64

female. Application of the Lands Act (1995) is confined to

statutory land. Implementation of the law with respect to

women accessing, owning and controlling land has not

achieved the desired goal of equal access to statutory land

by men and women for a number of Mushota (2010);Machira

(2011). Nsemiwe (2006) asserts that in Zambia, customary

practices such as inheritance systems contribute to the

inequality of land distribution.

According to Brown (2002) address that there is a widespread

argument that Africa can only develop if the traditional

tenure, consisting of about 90% of Africa’s land resources,

is integrated into the leasehold tenure system, which is

founded on principles of individualization. The conversion

of customary land to state land has created conflicts in

many urban areas of Zambia, this have been also experienced

in Tanzania in particular. Following the implementation of

the Land Act 1995, the government failed to pass any

statutory instruments- the rules and procedures that govern

the administration of land (Adams, 2003). It has been

observed in areas converted for tourism purposes, under the65

premise of market based land reform that local people have

lost full access common pool resources upon which they have

depended for their livelihood (Southern Guardian, 2005). For

example, some villagers and urban areas have found

themselves squatters overnight after their land was

converted to private land by investors. Simwanza (2006)

asserts by stating that:

It is common knowledge that any investor invests first to serve his interests before

serving your interest. In fact what we are experiencing is a situation where

investors are using cheap labor and our land, first and foremost to maximize

profits which are later externalized. They would rather grow flowers than food for

the starving Zambians. If the major intention is to develop, why then should they

invest in areas where there is existing development, why not invade bare land?

Not only that but also Kapijimpanga (2002),contends that

pressure on urban districts to provide land for the urban

population exerts pressure on the customary areas bordering

the districts. In a recent case in chongwe district, the

chief has complained of encroachment by the district into

their land. The chief has since demanded for clear

66

demarcation between his area and the district to avoid

further encroachments. Commenting on the draft land

constitution, the Zambia land Alliance observed that

Government and district councils continued to trespass into

traditional land because of unclear boundaries between state

land and customary land. Such a dispute has tended to hinder

development especially in peri-urban areas, as they tend to

argue more on the boundary than on development (Ratner,

2010; Zambia Land Alliance, 2005).

2.6.4 South Africa’s Experience

According to National Land Commission (2002), it shows that

South African land reform’s restitution, redistribution and

tenure reform have unfortunately not been fully effective.

It is estimated that by the end of 1998, the deadline for

lodging land claims, some 63 000 claims had been lodged with

the Commission on the Restitution of Land Rights and yet

only 41 claims had been settled. It also estimated that in

2002, 55,000 people still owned more than 80 percent of

land, some of which still remained idle (National Land

67

Commission, 2002). It has also been argued that the R16, 000

household grant aimed at acquiring land is limited due to

inflated prices and may not be enough to enable the

beneficiaries develop the land. Added to this problem is the

fact that land can only be made available on the willing

buyer-willing seller basis. Others have also questioned the

commitment of the government in the implementation of land

reform program me, considering its neoliberal 33

macroeconomic programme (Sihlongonyane, 2005). It is on this

account that South Africa’s land issue is widely seen as not

resolved and that a possibility of land invasions such as

those in Zimbabwe cannot be ruled out (Commey, 2002, p.12)

through what James (2001, p.94) calls a “neighbor syndrome”.

2.6.5 Ethiopia and Uganda Experiences

Also, according to the scholar Oxfam ( 2006), made a

research in Ethiopia country and found that the most

violent conflicts over land are, however, those that involve

two groups – often two different ethnic groups – fighting

over their property. Inter-clan clashes leading to massive

68

displacement in Ethiopia .In June 2006, more than 23,000

people fled their homes in Southern Ethiopia and have been

displaced following clashes triggered by disputes over land

ownership between neighboring ethnic groups in that area.

Between 100 and 150 people had been killed in these clashes

that started when land formerly belonging to Borenas was

awarded to Guhis by the government, this up to date there is

frequently conflict in rural and urban areas.

Also ethnic urban land conflict has investigated in Uganda,

Land disputes and conflicts have become part of the

definition of contemporary Uganda. Trans-state boundary

disputes, boundary disputes or conflicts between districts,

hot spots of ethnic land conflicts, conflicts between

pastoralists and agriculturalists are all on the rise.

Evictions on registered land between owners and the

occupants are also on the rise. Efforts by government

agencies to conserve vital ecosystems have resulted in

violent conflicts that are sometimes fatal, as they wrestle

encroachment in protected areas (Vansina, 2001).

69

The capacity of the Ministry responsible for lands, the

Justice Law and Order Sector institutions, administrators in

the districts and politicians, to tackle land conflicts is

stretched. Attempts by the Land (Amendment) Act 2010, to

criminalize eviction of tenants, are yet to bear effect,

because implementation is in infancy stage. Devising a

comprehensive, legitimate, accessible and cost-effective

framework to tackle root or structural causes of conflicts,

disputes and frictions arising from unjust actions in the

past, is a prime challenge in tackling uncertainty and

insecurity in land rights. It is estimated that Uganda’s

population will be 32.4 million, shooting up to 39.3 million

in the year 2015 and 54.9 million in 2025, growing at a rate

3.4% per annum. With such enormous population increases

exerting pressure on land, the old rules are no longer

sufficient to maintain cordial relations between users and

owners of land. Conflicts therefore, are arising naturally

due to competing uses, unless alternative ways of relieving

the pressure off the land, without unjust loss of rights or

interests in land are provided. The ultimate solution rests

70

with a vibrant services sector, an expanding industrial

sector and an urbanization policy (Kariuki, 2006;

Kapijimpanga, 2002; Vansina, 2001).

2.7 Tanzania Experiences (National Level)

The National Land Policy, and the Land Laws emanating from

it, addressed issues of: Land tenure, promotion of equitable

distribution of land access to land by all citizens;

improvement of land delivery systems; promotion of sound

land information management; recognition of rights in

unplanned areas; establishment of cost effective mechanisms

of land survey and housing for low income families;

improvement of efficiency in land management and

administration and land disputes resolution, and protection

of land resources from degradation for sustainable

development (Silayo, 2004).

2.7.1 Mbeya Region Experiences

Mbarali Evacuees Demand 16 billion of Compensation, Some

1600 residents of Mbarali District who were ordered to leave

their respective areas to allow the expansion and

71

demarcation of Ruaha National park have sued the government

demanding over 16bn/= compensation. They filed the suit at

the High Court’s Land Division in Mbeya on 27th October

2008. This after the land occupiers had been paid some 6.5

bellion they considered too low. It is however unlikely that

the complainants will win such a case. Besides its

conclusion will take very long. Elsewhere Mbeya villagers

were reported to be pleading for compensation from the

government after they were removed from their traditional

area to pave way for a newly established game park (Kironde,

2009).

The villagers told a Parliamentary Committee on Parastatal

accounts that they were removed from their traditional

villages without any compensation. The affected persons

recognized as being entitled to compensation are landowners,

and it does not matter whether they are registered or not

provided they are recognized locally as the owners. Tenants

or migrants are not recognized. The new Involuntary

Resettlement (15) Framework is being developed on the lines

of the World Bank Framework and will include tenants and72

other beneficiaries from the land that is being taken over

(Kironde, 2009).

2.7.2 Dar es Salaam, Morogoro, and Arusha Regions

A number of studies indicate that there is considerable

ignorance of both the law and procedures related to land

ownership and development and dispute resolution in both

rural and urban areas. The government however has conducted

various national awareness campaigns and is continuing to

doing so. In study carried out in Dar es Salaam it was found

that only 13% of land owners in planned areas were aware

that their rights had time duration and they had to renew

the period when it expired. It was also found that 43% held

just a letter of offer and did not follow it up to a full

title; that 40% had full titles and that 17% had no evidence

of ownership . For most households a full title is not a

priority although this has been one of the selling points in

the 20,000 Plots, the residential licenses, and the village

formalization Projects (Kaijage, 2005).

73

There are numerous studies that have concluded that the

public is not involved in the preparation of planning

schemes. In his study of the Kurasini Redevelopment Scheme

in Dar es Salaam .Ballonzi (2007) found that the landowners

were not involved in the preplanning process and the

planning of Kurasini Redevelopment Scheme, although public

meetings were called to inform them of the government’s

decision to re-plan their area and to seek their co-

operation. In the past, this has meant that knowledge about

land use schemes was limited to a few officials, which

facilitated unprofessional behavior such as the allocation

of open spaces to private use. For the past three years in

the city of Dar es Salaam, the Ministry of Lands has been

working hard to solve problems in areas of Tegeta and Mbezi,

Jangwani Beach, Ununio and Boko which are by and large a

result of lack of transparency in land use planning and

management.

Consequently, studies have established that most builders in

planned areas carry no permits and where they have the

permits, they do not adhere to them. In his study in Dar es74

Salaam, Minja (2002) found that 67.5% of the developers

have no permits. Kamala (2005) in his study of the Kariakoo

area of Dar es Salaam concluded that 68% of the developments

were carried out contrary to approved plans and without 19

valid permits. He further found that although the law

required that a permit should be issued in three months,

only 10% of the applications were approved within that

period. Most applications were approved after one year.

Kamala (2006) describes the rampant violation of land use

and development conditions in urban areas in Tanzania. The

requirements to be met in submitting building permit

applications, the long bureaucracy before a permit is

issued, and the poor follow up after a permit has been

granted mean that most developers are driven into

informality and do not comply with development conditions.

In case of expropriation, compensation is paid to landowners

only, not to holders of secondary rights. As pointed out

above, the Ministry of Lands has in the past seven years

mounted major planned land provision schemes in the city of

Dar es Salaam.75

2.7.3 Reviews of Recent Pilot Experiences

Land Registration and Occupancy for Unplanned Urban

Settlements in Dar as Salaam

76

It is estimated that there are 400,000 plots of unplanned

housing in Dar es Salaam. This is a two year project

commenced in 2004/05 with the objective of gathering data

for all unplanned plots, issuing Residential Licenses under

Section 23 of the Land Act and building a Computer Register

of the properties in the three (3) Local Government

Authorities of Ilala, Kinondoni and Temeke. The project uses

high resolution satellite imagery to produce mapping at a

scale of 1:1,500. This image is used to identify properties

and natural and manmade features. Data on the properties is

gathered on the ground using questionnaires. The data

includes household characteristics such as income and

expenditure, housing conditions, services, etc. This data is

entered into a computer where it is integrated with the maps

in Geographic Information System (GIS) using Arc View

Software. Public Awareness Campaigns are conducted and

residents are encouraged to apply for Residential Licenses.

In Ilala Municipal Council to date 16,830 Residential

Licenses have been issued, 12,929 to males (73%) and 3,911

to female (23%) (Kamala, 2006).

77

In Kinondoni Municipal Councils a total of 17,422

Residential Licenses have been issued, 13,551 to males (72%)

and 4,871 to females (28%). To date the project has mapped

220,000 properties and issued 47,000 Residential Licenses.

In Ilala District eleven (11) it property owners have

obtained Bank Credit using their Residential Licenses and in

Kinondoni . It is also reported that Savings and Credit

Cooperative Societies (SACCOs) are providing credit to their

members using the Residential Licenses and even private rich

individuals are reported to be advancing credit to

residential Licence holders at interest of 16% compared to

bank interest rate of 22%. The Residential Licenses are also

used as security for University students Loans and as surety

for court bails. The cost of this activity is US $ 6.1

million and in the cities of Mwanza, Mbeya, and Morogoro,

Arusha, Tanga and Iringa. These have been mainly in peri-

urban areas. A number of other local authorities are being

enabled to implement the procedure of land use planning,

from planned urban development. Long-term land use plans are

being prepared for many as well. However, the approach is

78

still that of a Project. The number of the lots being

delivered is limited and does not cover the whole spectrum

of the potential urban land seekers especially those in the

lower income categories. As a result, cities are depicting a

picture of planned land use islands on a mosaic of informal

land use development, where the poor seem to be destined for

unplanned areas, this cause the emanation of the land

conflict in the future implementations in Tanzanian

(Kamala, 2006).

2.8 National Land Policy Framework in Tanzania

The Land Policy is one such policy passed in 1995 which

highlights the interrelated form of urban governance,

leadership and land management. The National Human

Settlements Development Policy of 2000 clearly emphasizes

the issue of governance and leadership to be considered in

planning, development and management of human settlements in

urban and rural areas. The legislations that guide land use

and tenure also take into account governance and leadership

issues (Rwechungura, 2009).

79

The Land Act 1999, for example, demands that the principle

of participation of various actors and ethics of leadership





Urban Planning Act 2007. As Tanzania is urbanizing at a

rapid rate (the urban population increased at a rate of 10%

per annum from 1980 to 1997), the country’s urban areas are

facing enormous challenges. This is despite the existence of

reforms of urban development which recognize the link

between land management, governance and leadership

(Rwechungura, 2009).

2.9 National Land Policy 1995

Since Tanzania attained its political independence in 1961,

it has been realized that there was a need to develop a

coherent and comprehensive land policy that would define the

land tenure and enable proper management and allocation of

land in the urban and rural areas and provide a clear

80

position on customary land tenure in the light of profound

economic and social reforms that have been undertaken in the

last 34 years. Thus a new land policy was needed to:

a) Accommodate changes in land use and increase in

human population;

b) Control large stock population which increases

demand for grazing land and creates serious land

degradation;

c) Protect the environment from extension of

cultivation to marginal areas;

d) Reduce conflicts in land use between

agriculturalists, livestock keepers, forest areas,

wildlife areas, water sources and miners;

e) Provide for increased urbanization requiring lands

for settlements, industries and commerce and

preserve valuable agriculture land;

81

f) Facilitate prospective investors who require land as

a result of liberalization of the economy and

investment promotion;

g) Regularize and confirm the effects of the

villagisation programme, Operation Vijiji (1973 –

1976) on customary land tenure;

h) Protect individual land rights under a

pluralistic political system since 1992

I) Accommodate Appeal Court decision affirming

customary land tenure rights of the local people.

The fundamental principles of the new national land policy

have been incorporated in the new land Laws - Land Act No.4

and Village Land Act No.5 passed by Parliament in 1999. The

new Land Laws have now become operational since May, 2001.

The entrenched fundamental principles of the new Land Laws

are:

82

To recognize that all land in Tanzania is public land vested

in the President as trustee on behalf of all citizens;

To ensure that existing rights in land and recognized long

standing occupation or use of land are clarified and secured

by the law;

(i.) To facilitate an equitable distribution of and

access to land by all citizens;

(ii.) To regulate the amount of land that any one person

or corporate body may occupy or use;

(iii.) To ensure that land is used productively and that

any such use complies with the principles of

sustainable development;

(iv.) To pay full, fair and prompt compensation to any

person whose right of occupancy or long standing

occupation or customary use of land is revoked or

interfered with to their detriment by the State or is

acquired;

83

(v.) To provide for an efficient, effective, economical

or transparent system of land adjudication;

(vi.) To enable all citizens to participate in decision

making on matters connected with their occupation or

use of land;

(vii.) To facilitate and regulate the operation of a

market in land so as to ensure that rural and urban

small holders and pastoralists are not disadvantaged;

(viii.) To set out rules of land law accessibly and in a

manner, this can be readily understood by all

citizens;

(ix.) To establish an independent expeditious and just

system for the adjudication of land disputes this will

hear and determine cases without undue delay;

(x.) To encourage the dissemination of information

about land administration of information about land

administration and land law through programmes of

84

public and adult education using all forms of media;

and

(xi.) The right of every adult woman to acquire, hold,

use deal in land shall to the same extent and subject

to the same restrictions be treated as a right of any

adult man.The new land policy and laws represent a

turning point in the development of Tanzania. The

implementation of the new land laws will give

substantive push to Government economic and social

development objectives under the liberalized free

market economy and poverty eradication strategy and

the realization of the National Development Vision

2025.

The current situation with regard to ownership, control and

management of land in Tanzania is that:

a) The radical Title is vested in the President as trustee

for and on behalf of all citizens of Tanzania.

85

b) For the purposes of management only, all land is

classified as general land, Village lands and reserve

land. The President has powers to transfer land from

one category to another. Reserve lands are forests,

wildlife areas, etc. which constitute 28% of all lands.

Village lands are all lands that fall under the

jurisdiction of existing registered 10,832 villages in

the country which constitutes nearly 70% of all lands.

The rest are mostly urban lands and those already under

granted titles;

c) The Commissioner for Lands is the sole authority

responsible for overall administration of all lands,

but has delegated his powers to authorized land

officers at district/municipal level. The Village

Councils manage all village lands with advice from the

Commissioner for Lands. The reserved land are managed

by statutory bodies.

With a view to giving effect to fundamental principles of

National Land Policy and the Human Settlements Development

86

Policy which all persons and authorities exercising powers

under, applying or interpreting this Act of 2007 through

land use planning shall have regard to the need to –

a. make serviced land available for shelter and human

settlements development in general to all sections of

community including women, youth, the elderly,

disabled, disadvantaged and pastoralist;

b. Improve the level of the provision of infrastructure

and social services for sustainable human settlements

development;

c. Facilitate the creation of employment opportunities and

eradication of poverty;

d. Promote a balanced development of a clearly defined

hierarchy of settlements in promoting human settlements

development;

e. Promote and include the participation of the private

and popular sectors, Community Based Organizations,

87

Non-Governmental Organizations, cooperatives and

communities in land use planning;

f. Protect the environment of human settlements and of

ecosystems from pollution, degradation and destruction

in order to attain sustainable development;

g. Promote the building of capacities in training and

retraining of professionals in fields related to land

use planning;

h. Promote capacity building such as technical, financial

and managerial, of all actors involved in land use

planning; and

i. Ensure planning legislation, building regulations,

standards and other controls which are consistent with

the capabilities, needs and aspirations of the various

sections of the population.

2.10 Enhanced Urban Land Administration Machinery

This cluster covers the administration of general land in

accordance with the Land Policy and the Human Settlements

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Development Policy. The main instrument for the

implementation of the National Land Policy is the Land Act

of 1999 in non-village lands. Related legislation and

initiatives for the other policy – the Human Settlements

Development Policy – are still in various stages of

development. This is a broad objective whose targets are

achievable through:

1. Identifying and delimiting Areas for regularization in

Municipalities, Towns and emerging urban Areas;

Creating Landed Property Registers; Identifying and

determining service lines; Offering Residential

Licenses and certificates of occupancy (CO)

2. Setting up a fund with Seed Money for Compensation of

acquired land; Identifying locations for land parcel

delivery; Preparing TP Drawings; Establishing 2000

survey control points in target areas; Undertaking

Valuation of land and landed assets; Acquiring land and

paying compensation.

89

3. Cadastral Surveying; Allocation of 50,000 Plots

annually and issue COs; and Introducing services

4. Preparation of strategic urban development plans or

Master Plans; monitoring the implementation of

strategic urban plans; Preparation of Interim land use

guidelines; Promotion of community level participation;

Empowerment and Facilitation of Town/Country Planners;

Carry out Routine Inspections;

5. Preparation of central area redevelopment plans for

five towns and researched planning and space

standards for the country. Preparation and approval of

layouts from all regions and maintaining well-kept

records for the country; and implementation of land use

plans.

2.11 Policy, Institutional and Regulatory Framework

This cluster covers services required in creating conditions

for effectiveness and efficiency in specific or in all

identified interventions. It includes providing a regulatory

framework by enacting laws, harmonizing sect oral with90

cross-sect oral laws, and strategic planning. It also

envisages developing projects in close collaboration with

the various lands sector MDA as well as monitoring and

evaluating performance and achievements in policy. The

following are the activities that will enable targets in

this cluster:

1. Gathering management information and feed into

activity management & coordination systems; Collect

technical information and assess achievements;

Measure contributions to other MKUKUTA Objectives and

assess performance; Assess impact of allocated

resources to implementation process

2. Preparation of Town Planners Registration Act.

Declaration of urban development and redevelopment

areas in at least seven regions annually;

Identification of open spaces and conservation areas

in at least seven regions annually; Facilitation and

conducting annual conference of actors nationally

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aimed at integrated review of adopted land use plans

and land management problems encountered nationally.

3. Reviewing the Professional Surveyors (Registration)

Act No.2 of 1977 and enacting similar legislation for

other professions in the sector; Facilitation and

empowerment of the NCPS and similar councils with a

budget, office and full time secretariat.

4. Enlightening MDAs on role of Land Administration in

economic growth and poverty reduction;

Instituting legal/institutional interventions as seen

fit; Modernizing Existing LAI in each Division;

Preparing a phased decentralization plan of land

administration support services (LASS) to all

Districts; Setting-up lands offices in each District;

Assist LGA to manage local land delivery systems;

Implementing and Managing a phased decentralization

plan;

5. Prepare a survey and mapping policy, review key

survey laws, develop appropriate strategic plan and

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programme; by appoint and Financing two Consultants;

Setting-up and financing monthly Steering Committee

meetings; Conducting (10) Consultative Meetings; SMD

Committee to follow-up on recommendations of strategy

and programme; Distribute policy, legislation,

strategy and programme documents; launch a Regional

Advocacy in Collaboration with District Councils .

6. Develop strategy and review programme for housing and

settlements by Appointing and financing two

Consultants; Launching and enabling monthly steering

Committee meetings; Conducting 10 Consultative

Meetings; enabling a HSDD Committee to follow-up on

recommendations of strategy & programme; Distribution

of documents; and launch Advocacy in Collaboration

with LGA.

7. Setting-up steering committee and/or unit to follow-

up on unimplemented SPILL recommendations; Empower

Activities of Steering Committee and/or unit;

Distributing Documents; Conducting advocacy and

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Public Education activities undertaken by Departments

and Divisions.

8. Set-up a Research and Development unit in all sector

divisions and agencies to Internal Studies and

seminars

Aimed at instituting measures that show ‘visibility’ of

government efforts on land issues and inter-sectoral links

that add to the ‘credibility’ of the sector and empower

Districts land offices to be seen as part of

decentralization by devolution. The objectives being:

(Mtatifikolo and Lugoe, 2006b).

To enact effective laws to control land development,

land-use planning and town planning.

To harmonize “land-use” laws with the Land Acts

To avail District Land Offices with authenticated

copies of basic land records such as TP Drawings,

Registered Survey Plans, Certificates of Titles, etc.

To strengthen Land Disputes Courts.

94

In addition to the acts, a few other laws touch on issues of

general and village land: the Land Acquisition Act 1967,

regulates in which way the state are allowed to acquire

private land, including land held by villagers;(the Courts),

Land Dispute Settlements Act 2002 gives guidance on land

dispute resolution; and the Forest Act 2002 enables

villagers to declare their own village forest reserves on

land within the village area. On top of these, the Local

Government (District Authorities) Act 1982 and the Local

Government (Urban Authorities) Act are crucial.

Land in Tanzania is vested in the President as trustee on

behalf of all. The National Land Policy requires full and

fair compensation to be paid to any person whose right of

occupancy or recognized long standing occupation or

customary use of land is revoked or otherwise interfered

with to their detriment by the State under the Land Act of

1999. Section 34 of that Act also states that where a right

of occupancy includes land which is occupied by persons

under customary law, and those persons are to be moved or

relocated, they must be compensated for loss of interest in95

the land and for other losses. They also have the right to

reap crops that are sown before any notice for vacating that

land is given. The Land Act (Section 156) requires that

with regard to communal right of way in respect of way-

leave, compensation shall be paid to any person for use of

land, who is in lawful or actual occupation of that land,

for any damage caused to crops or buildings and for the land

and materials taken or used for the works. Requirements for

the assessment of compensation are provided in the Land

(Assessment of the Value of Land for Compensation)

Regulations of 2001. Valuation must be done by a qualified

and authorized value.

2.12 : Women’s Property Rights in Land Ownership in Tanzania

Under the Constitution of Tanzania, 1977, every person in

Tanzania is entitled to own property. A person’s right to

own property is governed by the provisions of the Land Act

(Supra) and the Village Land Act (Supra). Both of these Acts

reversed discriminatory customary practices that negatively

affected the rights of women to land and these Acts

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recognized the equal entitlement of men and women to own

property. Despite these Acts, there is concern that women

are unable to realize the right to own land and other

property due to a lack of awareness of this Act or how to

enforce their rights. Further sensitization of women about

their land rights is still necessary. Discriminatory

inheritance practices are a major barrier to female land

ownership. In Tanzania, there are three systems of law that

apply to inheritance:

Statutory law (the Indian Succession Act 1865), which

applies to Christians and those of European origin.

This law provides that where a deceased has children,

one-third of the estate will pass to his widow and two-

thirds will pass to the children. If there are no

children, then the widow is entitled to half of the

estate with the other half passes to the deceased’s

parents or blood relatives;

Islamic law, which applies to Muslims. Islamic law

provides for widows to receive a base amount of

97

inheritance. Specifically a widow will receive one-

eighth of the deceased’s property if there is issue of

the marriage and one-fourth of the deceased’s property

if there is no issue.

Customary laws, which are recognized by the Local

Customary Law (Declaration) Order. Under most customary

law, a widow cannot inherit the house or real property

of the deceased. If a widow wants to rely on statutory

law, rather than customary law, she has to show that

she has not lived according to customs and tradition.94

The government has stated that it is currently

reviewing discriminatory laws that prevent women from

inheriting land and other types of property.95 In the

interim, discriminatory laws, such as the Local

Customary Law (Declaration) Order, No. 4, remain in

effect.96 This Order denies widows the right to inherit

property on the death of their husband.

98

The effect of the gender bias in the Local Customary

Law (Declaration) Orders has been partially ameliorated

by the decision in Bernardo Ephraim v. Holario Pastory

and Another. In this case, the Hon. Justice Mwalusanya

found the inheritance provision in the Haya Customary

Law (Declaration) (No. 4) Order, 1963 to be

inconsistent with Article 13(4) of the Constitution,

which bars discrimination on account of sex. The Hon.

Justice Mwalusanya modified the rules of inheritance

contained in this Order to accord with the principle of

equality, such that men and women have equal rights to

inherit and sell clan land. The absence of a uniform

inheritance law that applies equally to all

individuals, irrespective of religion, tribe and colour

has resulted in women being deprived of their right to

property when their partner’s die.

99

In an effort to empower women in this regard, the

Tanzania Women

100

Lawyers Association (TAWLA) has advocated the creation

of family courts to address cases involving probate and

inheritance issues in an attempt to secure the rights

of women and children. It is unclear whether the

government would consider establishing courts of this

nature. Children are also often negatively affected by

the inconsistencies between the inheritance laws and

the inability to enforce succession rights. The LHRC

received a number of reports in 2008 from a child or

their guardian about issues of inheritance rights, such

as: A 13 year-old girl wanted to receive the title to

a piece of real property that she had inherited from

her parents. Her uncle, who was the administrator of

the estate, had assumed title to the real proper.

2.13 Special Presidential Committees to Solve Land Problems

In an effort to solve land problems the newly elected

government of President Jakaya Kikwete required all local

authorities to set up ad-hoc committees to receive and

101

address land problems from the public within four weeks from

4th May to 1st June 2006.

The Committee was directed to perform the work by

considering the following terms

To listen and analyse citizen’s complaints in order to

understand problems

To direct what should be done in order to solve the

problem

To prepare a list of all officials who were responsible

for creating the land conflicts especially in land

allocation so that legal action can be taken against

them.

To find and give plots to those adversely affected by

double allocation.

To find alternative plots and allocate them free of

charge to those whom the Committees would find to have

been inadvertently charged land rent.

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Table 2.1 Summarises the Nature of the Land Disputes Submitted to President Committees Nationwide.May-2006

Nature of the Dispute Numbers Percentage

Double Allocation 1355 9.85Claims for compensation land 2717 19.75Boundary changes by surveyors 156 1.13Failure to give letters of offer afterplot allocation

202 1.47

Levying of land rent without followingprocedures

15 0.11

Invasion of open or other public 714 5.19

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spacesPlot allocation without followingproper procedures

167 1.21

Showing prospective owner the wrongplot

348 2.56

Change in land uses without followingproper procedures

469 3.41

Wealthier people taking farms owned topoorer people

81 0.59

Taking Plots without following properprocedures

605 4.46

Estopped from developing the plots 936 6.80Boundary disputes 179 1.30Failure to develop the plots 639 4.64Plots and farms invasion 1225 8.90Plots and farms being taken 453 3.29Surveying of squatter areas 44 0.31Other disputes3453 25.09Total13758 100Source: Rutaitika (2008)

2.14 Land Conflict at Local Level: Dodoma Municipality

Dodoma (6°10′23″S 35°44′31″E / 6.17306°S 35.74194°E) is both

a city and a region of the United Republic of Tanzania. The

region is on the central plateau of the mainland

(Tanganyika), 41,310 km² in size and has 1,698,996

inhabitants (TCGR, 2002) and household number 376,530 which

increased to 2,083,588 and has household number 453,844

104

while Dodoma Municipal has total population of 410,956

(TCGR, 2012).The city is the official capital of Tanzania

(replacing Dar es Salaam in 1974). It is situated at 1,132 m

(3,713 ft) above sea level. The population is growing and

certainly numbers in excess of the 350,000 people of the

2002 Census. There is an ongoing transfer of government

functions to Dodoma from the colonial capital, Dar es

Salaam. Dodoma is a centre of communications, linked by rail

with Dar es Salaam, and Kigoma on Lake Tanganyika, and by

road with Kenya to the north and Zambia and Malawi to the

south. There is an airport (limited until recently but now

expanding to accommodate large aircraft). Dodoma is a market

place for agricultural produce (vegetables, fruit,

especially grapes, wine and peanuts). It has a limited

industrial base, which includes the manufacture of bricks.

However, it is now home to the recently established.

Chang’ombe is an unplanned peri-urban settlement of Dodoma.

It is situated 6 km north of the city centre and belongs to

the Chamwino ward, which is the fastest growing ward of

Dodoma Municipality (DMC,2013)

105

Dodoma land issues is governed and managed by Capital

Development Authority (CDA), which was established in 1978,

this is a uniqueness of this region compared to other region

in Tanzania were Land issues is governed and managed by

municipalities. Despite of the functions and administration

of this organ and operation of the land policy, still there

is many incidences of land conflict in municipal, for

example demolition exercise at Njedengwa area at Dodoma-

Makulu Ward 2011, Kikuyu West (ITEGA) Ward in 2012 to

mention a few (TLHRR, 2011).

Figure 2.2: Map of Tanzania Showing Dodoma Region

106

Source: DMC (2013)

107

DODOMA REGION

CHAPTER THREE

RESEARCH METHODOLOGY


This chapter presents the methods used in this study. The

chapter starts with the introduction, the design of the

study, research approach, location of the study area, study

population and the research instruments. In addition, it

includes validity and reliability, ethical considerations

and data analysis plan.

3.2 Design of the Study

Research design of the study is a blueprint that enables the

researcher to come up with solutions to the problem under

study and guides him/her in various stages of the research.

It is a process by which the research topic is turned to a

researchable project using appropriate research tools and

conditions. In other words, a design of the study is a

straightforward and logical process of arranging the

conditions for data collection and analysis (Kothari, 2004).

Generally, a design of the study is a programme that guides

108

the researcher in the process of data collection, analysis

and interpretation of the findings.

A cross-sectional survey research design was used in this

study. The purpose of using survey design in this research

is to explain the correlation between variables that is

contribution of land policy and land conflict within Dodoma

municipality. Surveys are only concerned with conditions or

relations that exist, opinions that are held, processes that

are going on, effects that are evident or trends that are

developing. They are primarily concerned with the present,

but at times do consider past events and influences as they

relate to current conditions. Thus in survey, variables

occurred, hence was selected and observed (Kothari, 2004).

3.3 Research Approach

This study was mainly qualitative supported by quantitative

research paradigms. According to Kothari (2004), the choice

of the qualitative research approach enables the researcher

to make direct investigation into phenomena as it allows the

researcher to get explanations and clarification to

109

meaningful information from respondents and permits

naturalistic observation and description of phenomena rather

than testing general laws. Moreover, qualitative research is

a useful tool for studying diversity between different

phenomena, it uses research participants as expert

informants, and it allows reflexivity and explicit use of

the researcher’s subjectivity and values. Also, the

quantitative research approach is mainly statistical and

numerical by nature. In this study all information based on

statistics or numbers was treated using quantitative methods

of data organization and analysis while qualitative data was

subjected to content analysis.

3.4 Area where the Study was Conducted

The study was conducted in Dodoma Municipality at Dodoma-

Makulu Ward which has population density of 17, 097, males

and females were 8,219 and 8,878 respectively (TCGR, 2012),

specifically in public and private institutions. Dodoma

Municipality is found in Dodoma Urban District and is one

among the six districts of Dodoma region which include:

110

Mpwapwa, Kongwa, Kondoa, Bahi, Chamwino and Dodoma urban

itself. The municipality has an area of 2769 Sq.km and

divided into four (4) divisions and thirty seven wards (37).

It is bordered to the north by Chamwino and Bahi districts,

to the west by Bahi district and to the east and south by

Chamwino district. With regards land issues .The choice of

this area is due to the frequently increase of the land

conflict in the study area that is Dodoma –makulu Ward which

is influenced by the land policy under the capacity of

government in Dodoma municipality. However, it is worth

studying actors or institutions which govern and administer

land issues to determine whether they are the cause for the

land conflict within Dodoma municipality or not.

111

Figure 3.3: Dodoma Municipal Council

:

Dodoma-Makulu

Source: DMC (2013)

3.5 Targeted Population

A research population is generally a large collection of

individuals or objects that is the main focus of a

scientific query. It is for the benefit of the population

that researches are done. However, due to the large sizes of

112

populations, researchers often cannot test every individual

in the population because it is too expensive and time-

consuming (Joan, 2009). The study population in this study

was the heads of family and from public and private

institutions in Dodoma region.

3.5.1 Sampling Techniques and Sample size

Dealing with all the members of the population would be

difficult and very costly in terms of time and financial

resources. Researchers therefore select a given number of

members from a given or accessible population. The selected

members make the sample of the study population. The sample

is carefully selected so as to represent the whole

population with relevant characteristics. A sample is

therefore a small group obtained from the accessible

population (Kothari, 2004).

This study involves random sampling or chance sampling, in

which individual units were picked from the whole group by a

random sampling. Random sampling ensures that the Law of

Statistical Regularity is observed. It states that, if an

113

average of the sample chosen is a random one, the sample will

have the same composition and characteristics as those of the

population. This is the reason why random sampling is

considered as the best technique of selecting a

representative sample in this study.

Key informants under this study were mainly head of

departments in CDA, LTC, DMC, WEO, VEO and heads of the

family. From those departments one (1) informant was selected

from CDA, DMC, WEO and VEO, DONET,TAWLA, LTC and (110) from

heads of the family. This made a total of sample size one

hundred and fifteen (117).

3.6 Research Instruments and Methods

In order to gather adequate information for this study, the

researcher used three data collection methods and one

instrument (tool). These methods were; Observation Guides,

Interview Schedules, and Documentary review and

Questionnaires as a tool.

114

3.6.1 Observation Guide

An observation guide is method that is used to rate the

prescribed behaviours and actions of respondents by the

researcher. The information is sought by the investigators

own direct observation without asking from the respondents

(Kothari, 2004). In this study, the behaviors were observed

included actors like CDA, DMC, LT, DONET, TAWLA and Heads of

the family.

3.6.2 Questionnaires

Questionnaires are written documents in which the

respondents are supposed to answer or provide responses to

the questions. White (2002) pointed out that a questionnaire

is regarded as a series of questions, each providing a

number of alternative answers from which the respondent can

choose. This tool was chosen so as to enable the researcher

to collect a lot of information within a short period of

time. In this study, questionnaires were administered to

public and private institution like the CDA, DMC,TAWLA,

DONET, and other, also community of Dodoma municipal, so as

115

to solicit responses on government and non-government actors

on land governance and management. In this study two kinds

of questionnaires were used. The questionnaires were deemed

appropriate because they are useful in obtaining data on the

feelings and perceptions of the respondents. Thus,

questionnaires was used to gather information that reveal

the head of household and head of departments in

institution selected on perceptions of the land conflict ,

land governance and management in administering land issues

via land policy in their institution.

3.6.3 Interview Schedules

An interview is a conversation usually between two or more

people under a certain guideline in order to get information

from each other. An interview provides a method of data

collection that involves presenting oral/verbal stimuli and

collecting the oral- verbal response (Kothari, 2004). This

study used semi-structured interview which allows the

researcher to make use of structured interview questions

together with the open-ended ones. Semi- structured

116

interviews help to collect comprehensive systematic and in-

depth information about the land policy management used by

key actors in Dodoma municipal like CDA and DMC which deal

with land issues. Also, a semi-structured interview is

flexible, takes a wide coverage, and has high response rate

and appreciation of non-verbal information thus enabling the

researcher to probe deeper understanding of the

interviewees’ experiences, feelings and perspectives (White,

2002).

3.6.4 Administering of Research Instruments

With regards to observation guides, the researcher visited

each actor on study area two times to observe the prescribed

behaviours and make notes in the observation guide.

Respondents were not informed on the observation going on

in order to observe their actual behaviors in each target

group, an aspect which would have been attained if the

respondents had been informed. The observed behaviours were

thought to be the basis for determining the contribution of

land policy on addressing land conflict in Dodoma Municipal

117

which is administered and governed by government under the

capacity of Ministry of Land and Human settlement through

land authorities like CDA and DMC and other actors.

On the other hand, questionnaires were given to respondents

to make them ready to complete the questionnaires. Before

they began completing the questionnaires, the researcher

assured the respondents confidentiality on the information

they would provide. In order to collect adequate data from

the respondents, the researcher used three research

methods and one instruments as discussed earlier. Interviews

were conducted to respondents after the researcher had

obtained permission from CDAs, DMCs, VEO and other on the

need to conduct interviews in which they (heads of office)

had to take part. After obtaining the permission the

researcher request the respondents in order to seek their

willingness to take part in the interviews, and the

interview was conducted for one hour and a half per

individual. Having secured the respondents willingness, the

researcher arranged the convenient time for the interview

with heads of department. 118

3.7 Validity and Reliability

Validity is the accuracy and meaningfulness of inferences,

which are based on the research results. In other words,

validity is the degree to which results obtained from the

analysis of the data usually represent the phenomenon under

study (Kothari, 2004). In order to achieve validity in this

research, triangulation of data was employed through the use

of observation guides, questionnaires and interviews. The

combinations of these instrument and methods contributed in

making the data collected more objective, valid and

reliable. Also, reliability measures the degree of accuracy

in the measurements an instrument provides (Mugenda, 2003).

3.8 Study Ethics

During the study, a number of ethical principles were

considered. Spotting information and names of all

participants remained strictly confidential and for research

purposes only. Also, the names of the key actors in Dodoma

Municipality which took part in the study remained

confidential. They have only published in this research

119

dissertation. Humanity and self-respect was observed for all

participants. Not only that but also all procedures for

undertaking this study were observed, These included

obtaining permission letters from the Deputy Vice Chancellor

Academics at St John’s University of Tanzania and from the

DMC,CDA and other key actors.

3.9 Analysis of Data

Data analysis is the process of bringing order, structure

and meaning to the mass of information collected (Kothari,

2004). The data collected were in the form of documentary

review, interview notes and completed questionnaires.

Qualitative data were subjected to content analysis by

making general statements on how categories or themes of the

data are related. Qualitative data analysis seeks to make

general statements on how categories or themes of data are

related (Ibid, 2001). In this study, qualitative data were

analyzed by coding and organizing them into themes and

concepts of manageable units. From these processes, theories

and generalizations were formulated and differences between

120

different aspects were sorted. However, it is important to

note that in qualitative research data collection and data

analysis are in most cases done simultaneously.

On the other hand, some quantitative were also analyzed by

coding and organizing since the use of the Statistical

Package for Social Scientists (SPSS) thus the analysis were

descriptive while other quantitative data were organized and

presented in the form of tables to show the relationship

between land policy and land conflict within Dodoma

municipality.

3.10 Summary of the chapter

This chapter discusses the design of the study, research

approach, study area and the targeted population. Research

instruments were also highlighted in the chapter. To make

sure that data collection was correctly carried out,

validity and reliability of research instruments was

observed. The last part of this chapter explains the study

ethics and data analysis. The next chapter presents the

findings of the study.

121

CHAPTER FOUR

RESULTS AND FINDINGS


This chapter presents the results and discussion of the

findings. The discussion also links with the findings with

the theoretical and empirical studies. The researcher’s

point of view and comments are also given in connection with

the research findings. The chapter is divided into four

sections. The first section discusses the main demographic

and socio-economic characteristics of the respondents. The

second section discusses the main types of land conflicts in

Dodoma municipality. The third part deals with discussion of

the land policy instrument that addresses land conflict in

Dodoma municipality. The fourth part it discusses the

community knowledge/awareness of the existing land policy

which addresses land conflict in Dodoma municipality. The

fifth part discusses the contribution of the land policy on

addressing land governance in CDA and DMC.

123

4.2 Demographic Characteristics of the Respondents

4.2.1 Distribution of Respondents by Sex

It was found in Table 4.2 that respondents of Makulu Ward,

males were 74% and female were 26. %).The finding imply that

men were more than women in number, the researcher probe the

reason that it might be due to immigration or birth rate is

high to the study area compared to women’s who are few,

might be due to birth rate is low or death rate is high, or

there is high infant mortality rate. The study noted that

the land or permanent settlement is owned by men and few

females own land. Findings variation is influenced by

social, cultural and economic in order to access land for

settlement.

Table 4.2: Distributions of Respondents by Sex in Percentage

Sex Category Frequency Percent %

Male 81 73.6

Female 29 26.4

Total 110 100.0

4.1.2 Marital Status of Study Respondents

124

Marriage is an institution in which interpersonal

relationships (usually intimate and sexual) are sanctioned

with governmental, social, or religious recognition. It is

often created by a contract or through civil processes

(Murdock, 1949), and therefore, in 110 households surveyed

in Dodoma-Makulu ward, it was found in Table 4.3 that, 69%

of the respondents were married. The study findings imply

that married residents mostly were the one possess the

permanent settlement, hence they had their land for use

comparing to other group of residents who were immigrants,

and hence they had no permanent land.

Table 4.3: Distribution of Respondents on Marital Status

125

http://en.wikipedia.org/wiki/George_Peter_Murdock

http://en.wikipedia.org/wiki/Contract

http://en.wikipedia.org/wiki/Religion

http://en.wikipedia.org/wiki/Social

http://en.wikipedia.org/wiki/Government

http://en.wikipedia.org/wiki/Human_sexual_behavior

http://en.wikipedia.org/wiki/Intimacy

http://en.wikipedia.org/wiki/Interpersonal_relationship

http://en.wikipedia.org/wiki/Interpersonal_relationship

Response Frequency PercentageNot married 16 14.5Married 76 69.1Divorced 4 3.6Separated 10 9.1Widow4 3.6Total110 100

4.1.3 Distribution of Respondents by Age

The study findings indicated in Table 4.4 shows that, Age of

the respondents ranged from 45-60 years. There were (40%)

respondents, 60 years and above they were (20%).

Therefore, the age category ranging from 45-60 constituted

the majority of the respondents, the study probe that other

are immigrants who bought land parcels from the indigenous

without title deed of land ownership and other were

permanent indigenous, and 60 years and above were (20%) .it

imply that were the one who they inherited land from their

ancestors and they know the history of the study area Age of

respondents was assumed to be relating to land policy

awareness to respondents and land ownership status at Makulu

Ward. 126

Table 4.4: Distributions of Respondents by Age

Age Category Frequency Percent % 25-30 14 12.735-40 30 27.345-60 44 40.060 and above.22 20.0Total110 100.0

4.1.4 Education Level of Respondents

The study considered level of education for each of the

study respondents. Individual achievement in education was

seen as a crucial element in determining respondent’s

knowledge on the Land policy. Again, education level is said

to increase a person’s understanding of laws and regulations

pertaining Land management and ownership. People with high

levels of education have a good chance to know the laws of

127

land and the policy of the country, opposite to those who

have low level of education and who very often act badly

without knowing legal procedures/steps to get Land rights in

ownership. Thus, analysis of education level is essential to

determine one’s knowledge on Land laws in order to avoid

frequent incidences of Land conflict. Table 4.5 shows that

in the study area 41% had primary education, 46% had

secondary education, and 16% had College level of education.

Table 4.5: Distribution of Respondents by Level of Education

Level of Education Frequency Percent %0-std 4 12 10.9std 4-std 7 31 28.2Form 1-Form 2 10 9.1Form 2-Form 4 28 25.5Form 4-Form 6 12 10.9College level

17 15.5

Total

128

110 100.0

4.2 : Knowledge on types of Land conflict

4.2.1 Respondents Knowledge on types of Land Conflict

The study findings showed from the Table 4.6 that 94% of all

respondents knew the type of land conflict they face .This

imply that majority of respondents have knowledge on type of

land conflict because the study area is facing frequent

incidences of land conflict. Also according to Brazilian

Ministry of Agrarian Development (2001) reported that any

community knowledge on land conflict depends to the nature

of events either positive or negative, thus many people are

aware with the land conflicts impacts. Also the study done

by Ratner (2010) in Zambia contends that poor people or

local people are the one who knows the types of land

conflict because are the only who affected from the higher

class or big authority in land ownership. Even the study

found that most resident were local people who highly know

129

the types of land conflict due to many incidences of land

conflict to the area.

Table 4.6: Respondents Knowledge on the Kind/types of Land

Conflict in Dodoma Municipality

Response Category Frequency

Percentage %

Yes

No

Total

103

7

110

93.6

6.4

100.0

4.2.2 Types of Land Conflict

The study also wanted to know the types of the Land conflict

exists in Dodoma-Makulu Ward. The study findings indicated

in the Figure 4.4 below that the type of land conflict in

Dodoma-Makulu was government (CDA) and people which

constitute 25.5%, people and investors 20% ,People

(residents).The findings imply that CDA and residents are

the one who conflict in Land, also investors and residents,

this can be evidenced by VEO of Dodoma-Makulu ward by

130

reporting that “It’s true that the main and more dominant

type of land conflict is between CDA and indigenous of

Dodoma -Makulu ward due to frequent incidences of land

conflict for example the demolition of houses at Njedengwa

in 2011 which affects many people “Also the study done by

Kombe in his report of coping with informality and

illegality in Human Settlements in Developing Countries in

2001 found that CDA and Local institution in Dodoma region

are the one make land conflict with indigenous for example

Land conflict happened during 1970s and 1980s where people

from central and other area in Dodoma migrates to Chang’ombe

the same happened in Kihonda in Morogoro.

Also, Ratner (2010) concurs with Kombe (2001) in his study

in Zambia observed land conflicts between Government and

local people due to unclear boundaries, concurrently with

Max Weber’s Power and Authority Theory it addresses on the

role of power in conflicts, Weber extends Marx’s conceptions

by showing that power may lead to either of two unrelated

scenarios: conflicts or social order. In Weber’s analysis,

the scarcity of resources and rewards (which entails that131

one person or entity gains at the expense of the other)

results in competition amongst groups of people and the

government as the owner of the land which have its authority

in land use management.

Concurrently the study done by Kironde (2009) reported that

according to President Committee report of 2006 in type of

land distiputes, it showed that there is (1355) of double

allocation of land in total and the less land dispute are

Levying of land rent without following procedure are (15) in

total, and the total types of land distiputes in the

country is about 13758 This can be also evidenced to this

study that CDA as an authority conflicts with local people

in land ownership.

132

Figure 4.4: Kinds/types of the Land Conflict in Dodoma- Municipality

4.2.3 The Effects of Land Conflicts towards Community

The study also wanted to know if respondents were affected

from the identified land conflict or not. The study result

from the Figure 4.5 reveals that 80% of all respondents were

affected from land conflict, The findings imply that the

most majority of respondents were affected by demolition

exercise compared to the other who were not, the main cause

133

was the failure and incapacity of following legal procedure

to both CDA and Land Tribunal Court in accordance of the

indigenous right in land ownership. Also a study done by

UNHRC (2004) stresses that Conflicts over land occurring

within a nation state don’t merely affect individuals or

groups of people, but the whole nation development.

Concurrently with the study ‘’The Evolution of the Land Use

Structure of Dar es salaam 1890 up to 1990’’ done by Kironde

in 1995 reported that many residents in urban are being

affected from land conflict due to misuse of land policy

tools done by Land Officers in Land Institutions. Even the

study evidenced this by knowing large number of indigenous

who affected are due to poor governance and administration

in land issues by CDA and Land Tribunal Court.

Figure 4.5 : Community Affected From the Identified Land conflicts

134

4.2.4 Types/Kinds of Effects due to Land Conflicts

The study findings indicate in the Figure 4.6 revealed that

64% of respondents said that CDA demolished their houses.

The implication of the findings shows that the demolition

of Houses were many, indigenous were affected from land

conflict and they lost permanent settlement and there is few

land conflict in farms, these effects results to instability

of the life. The study concurs with the study of UNHRC,

(2004) stresses that Conflicts over land occurring within a

nation state don’t merely affect individuals or groups of

people, but can be an important threat to a country’s

135

stability, especially in developing countries likely

Tanzania and countries in post-conflict transition. In many

of these countries, opportunities for economic gain through

illegal or non-regulated transactions involving land are

manifold, resulting in an increasing number of people losing

their land to arbitrary and often illegal economic

transactions. This demolition exercise Dodoma –Makuu Ward at

Njedengwa area can be shown here below by plate number (1-2)

CDA used Gladder to demolish Houses.

Plate 4.1: All Plates Below Showing Demolition Exercise of

Houses in Njedengwa at Dodoma-Makulu Ward in 2011

136

Figure 4.6: Kind/types of the Land Conflict in Dodoma

4.3 Analysis of the Policy Instruments on the Land Ownership

and Right of Occupancy

4.3.1 Ability of Respondents to Analyze Land Policy

Instrument

The study findings in figure 4.7 show that 84 % of all

respondents were not able to analyze the Land Policy

instruments, The findings imply that many people did not

know the land policy instruments and this is due to the

failure of the government to educate people on land policy

instruments, in relation to the study done by Moore (2000)

argues that local people need to take leadership roles in

137

land use in order to make sensitiveness and awareness of

land laws but most of the African governments fails to

involve primary actors in land laws implementation, this

contribute to unfamiliarity of land policy tools.

Similarly study done by Kironde (2009) in Land Use

Structure of Dare es salaam, emphasized the incorporation of

local people who are poorly in economic status in designing

and implementation of land policy instruments, so as to

increase the capacity of understanding of all land laws in

the Country. Concurrently with one of the Dodoma municipal

Land Officer and TAWLA Officer both had the same argument

that Tanzania Land Policy and its tools are very clear and

good and added by saying that ‘’other neighboring countries

are marrying our Land policy in order to sustain their

millennium Development Goals, but the problem of our

government fails to provide education to her people ‘One of

the local people commented that “Land Policy Education

should be provided like what have been done in renewal of

Constitution of 1977 .

138

Another study done by Kironde (2006) ,conducted with respect

to expropriation of land found that the majority of the

affected households had no knowledge of the stipulations of

the law. This is shown in Table 4.7. Therefore empirical

studies reports is relevant to the study findings that most

of residents are not familiar with land policy tools due to

lack of education, hence fails to analyze tools of land

policy.

Table 4.7: Knowledge of Land Laws and Procedures

Policy/Legislation

How knowledgeable (Percentage) (N=200)

Knowverywell

Partlyknowledgeable

Do not know atall

Land Policy 3.5 18.5 78.0

Land Act 3.0 14.5 82.5

LandAcquisition Act

3.0 7.5 89.5

Town PlanningOrdinance

2.5 12.5 85.0

Source: Kironde (2006b)

139

Figure 4.7: Analysis of Land Policy Instruments that AddressLand Conflict

4.3.2 Effectiveness of the Land Policy

The study also wanted to know if Land Policy is effective in

its operationalization or not. The study findings in figure140

4.8 show that 50% of all respondents said that Land policy

does not fulfill the needs of citizens due to corruption.

The findings imply that majority of respondents who said the

ineffectiveness of land policy were many compared to other,

the reasons behind was due to institutional capacity in

applying land policy is low or not effective does not follow

legal procedures and administrative ethics, this is done by

most of Government Land Officers in the Country.

This is similar to research report done by Kariuki (2005)

in Nakuru district in Kenya, argues that effectiveness of

the land policy avoids the incidences of land conflict but

fulfills the social,cultural,economic and political needs of

any society, but in Nakuru District families have been

internally displaced as a result of Land conflict, and this

land conflict is due to ineffectiveness of Land Policy in

the Government of Kenya.

This is contrary to one of the CDA Land Planning Officer by

reporting that “Land Policy is more effective and the CDA is working hard by

adhering to all legal procedures in Land governance and administration. The

141

core problem is local people; they are invading areas which have been not

surveyed.” Also.The study findings is contrary to CDA Land

Planning Officer. This finding can be evidenced by TLHRR

(2012 ) which was done by LHRC in 2011 with the Researcher,

in a fact finding mission on the demolition exercise at

Njedengwa area at Makulu Ward in Dodoma found that Namic

Tribunal Broker under CDA did breach the order of the

Tribunal as it issued a notice directing that 26 houses and

any other houses in the area of the decree holder be

demolished As a result, this led to demolition of 119 houses

contrary to the lawful tribunal order. Therefore, the study

found ineffectiveness of the land policy due to poor

governance and administration of land using land policy.

142

Figure 4.8: Distributions of Respondents on Addressing the

Effectiveness of Land Policy

143

4.4 Assessment of the community knowledge / Awareness of

the existing Land Policy which Address Land Conflicts in

Dodoma Municipal

4.4.1 Awareness of Respondents on Land Policy

The study finding in Figure 4.9 indicate that 82% of all the

respondents were not aware or knowledgeable with Land Policy

instruments. The study findings imply that most indigenous

people were not aware of Land Policy. The reasons behind the

government did not provide education; the government does

not involve people in making land policy. Also according to

research report done by HAKIARDHI (2009) reveals that an

acute and prevalent lack of awareness of the law and

procedures, within rural communities and there leadership

regarding land this contribute to land conflicts in areas of

Tanzania,

Concurrently, a study done by Ballonzi (2007) found that in

Kurasini redevelopment scheme , land owners were not

involved in the preplanning and planning of the area

although public meetings were called to inform Dar es salaam144

this emanates conflict, people could aware with the

procedure of land policy tools during the project. This

awareness is emphasized by Rwechungura, (2009) argued that,

the Land Act 1999, demands that the principle of

participation of various actors and ethics of leadership





Urban Planning Act 2007.

Similarly, according to Izumi (1999) addresses that

Political regime when design and implement land policies by

not involving community in the country, this cause the

emanation of the land conflict between the government and

people. Not only that but also Kaijage (2005) added by

reporting in a study carried out in Dar es Salaam it was

found that only 13% of land owners in planned areas were

aware that their rights had time duration and they had to

renew the period when it expired. It was also found that 43%

held just a letter of offer and did not follow it up to a145

full title; that 40% had full titles and that 17% had no

evidence of ownership.

Moreover, similarly study done by Kironde (2006a) in

Improving Land Sector Governance in Africa: A case of

Tanzania, found that knowledge in land policy instrument,

reported that on Land policy knowledge were 3.5 % (knows)

but 78% did not know and on Land Act 3.o (knows) but 82.5%

did not know, Land Acquisition Act 3.0%(Knows) and 89% did

not know and Town Planning Ordinance were 2.5% were 85% did

not know .Contrary to the study findings which found that

respondents who were aware with land tools which determine

right were 18% and who were not aware 81% this indicates

there is lack of education to community about rights in land

by using land policy tools. There are numerous studies that

have concluded that the public is not involved in the

preparation of planning Therefore the study noted that there

was the lack of awareness on land policy which cause losing

their right in land ownership.

146

Figure 4.9: Awareness of Land Policy Instrument that AddressLand issues

147

4.4.2 Reasons for Respondents of not being

Aware/Knowledgeable on Land Policy

It was found in Table 4.8 that 40 % of respondents did not

participated in making land policy. The study findings imply

that there is no public involvement in making land policy

thus public are not aware with land policy, this is due to

lack of government of government to involve people in policy

making, one of the respondent reported that “We are not

aware because we are low class, government looks opinions

from only educated persons “The WEO of Dodoma Makulu added

by emphasizing that “Government cannot run from this condemination, it

148

should look forward in order public to be involved in land policy making to make

sensitiveness and ownership of land policy roles”.

Similary to Majani ( 2000) and Kombe (1999) Kombe (1995)

and Kironde (1995), both their study findings emphasize the

role of the government institution to have capacity of

providing education in Land matters from the grass root

level, so as the whole public to know land laws

procedures .but people lacks awareness about land policy in

Tanzania. Therefore, this can be supported by study findings

that majority lacked awareness about land policy.

Table 4.8: Distribution of Respondents of not being

Aware/Knowledgeable on Land Policy

Response items Frequency Percent%

Government have notprovide land policyeducation

26 30.5

Because the land policy isnot open to people 15 9.1

Didn’t participated inmaking land policy 37 40.4

Have no communicationmedia like TV and Radios 17 10.9

Because the land policy does not fulfill the needs of the citizens

149

15 9.1Total110 100

4.4.3 Community Perception/knowledge on Advantage of Land

Policy in Land Ownership and Right of Occupancy

The study also wanted to know if the respondents have the

knowledge or perception in understanding the advantage of

Land Policy ,as the right to own land or not. The study

findings from the Table 4.9 reveals that 54% of all

respondents said that every person have the right to own

land, The findings imply that respondents who had knowledge

in land policy especially are educated ones, they knows the

advantage of land policy, and this is due to education

background compared to the other. Similarly to the study

done by Silayo (2004) addresses on advantages of the

National Land Policy, and the Land Laws emanating from it,

addressed issues of Land tenure, promotion of equitable

distribution of land access to land by all citizens;

improvement of land delivery systems; promotion of sound

land information management; recognition of rights in

unplanned areas; establishment of cost effective mechanisms

150

of land survey and housing for low income families;

improvement of efficiency in land management and

administration and land disputes resolution, and protection

of land resources from degradation for sustainable

development.

Concurrently study done by Kipuri and Sorensen (2008)

addresses the advantage of National Land Policy 1995 and the

Village Land act, 1999 that land policy make legal provision

for securing land for extensive grazing systems. The

researcher observed that it is true that land policy play

great role in governing land matters similar to the study

findings.

Table 4.9: Distribution of Respondents on Awareness towards

Advantage of Land Policy

151

Items Frequency Percent %They don’t know the land policy

7

6.8The misconduct of land laws andmanagement there is no refunding tothe land property to the owner.

7

6.8

Every person has right to own land. 62

53.6

Every land owners must have land certificate of occupancy24 32.8Total110 100.0

4:5 The Contribution of Land Policy on Addressing Land

Governance in Capital Development Authority (CDA) and Dodoma

Municipality Council (DMC)

4.5.1 Respondents Knowledge on the Authority/Institution

which governs and manages Land Matters in DMC

The study findings from Figure 4.10 reveals that 82% of all

majority said that they know which is CDA, The study

findings imply that CDA is a dominant institute which

governed all issues about Land, the study findings noted

that the contradictions of knowing the true institute which

control and govern land matters results to land conflict

between majority and CDA. Municipal Land Officer and Land

Tribunal Officer, both they reported that unawareness of the

152

institute that have power and mandate in controlling and

governing land property is the problem to most of majority,

this results to land conflict but is contrary to the study

findings, that many majority knew CDA, that was powered by

the government to govern and manage land matters in Dodoma

region comparing to other region in Tanzania which have no

CDA and few land conflict. Also CDA Land Planning Officer

reported that “Perception of many majorities on institute

which govern land matters is a problem due to lack of

education, confusions between CDA and Municipal to people

cause conflict on land”.

Concurrently the study done by Majani (2000) and Kombe

(1999) both they contended that knowledge of people on the

authoritative institute that govern environmental sectors or

issues in planning environment are very important so as to

increase sustainability of developmental planning project,

these environmental conflict occurring in Dar-es-salaam and

other part of the country are due to unfamiliar of the

majority on institute responsibilities. Therefore, this is

contrary to other scholars because the study findings shows153

that many majority are aware of the institution that govern

land but still there is frequent incidences of land conflict

in the study area.

Figure 4.10: Distribution of Respondents on Knowledge of

Institution Govern/manage Land use planning

154

4.5.2 Institutional Capacity on Land Governance and

Management in DMC

The study also wanted to know if the institution has good

capacity of managing land use matters in its

operationalization. The study findings in Table 4.10

revealed that (82%) of respondents said that CDA have no

capacity, The study findings imply that CDA, have fail to

govern and manage land matters due to poor management, this

results to increase of incidences of land conflict, one of

the respondent reported that “CDA is a main stream of Land

155

Conflict in Dodoma region and they use Police force to

interfere our right “This can be evidenced from

picture(plate 3) below, the event of land conflict in Dodoma

– Makulu ward (Njedengwa) land conflict, one police and one

people died. Similarly the study done Kombe (1999) ,reported

that environmental conflict do occur in many countries due

to lack of collaboration of institutions in planning and

management.

Concurrently the study done by Kironde (1995) argues that,

insufficient mechanisms and tools for substantive

participation by community-based stakeholders leads to poor

capacity of institutions to adopt strategies of

developmental planning, opposite to DONET environmental and

monitoring Officer reported that “CDA is not a source of

Land conflict because it use Land Policy in planning and

managing Land, the main issue is Land Officers who violate

Land Policy Procedure which directs the administration to

perform activities, thus people they dislike CDA”.

156

Similarly to Talcott Parsons “Functionalism Theory”

contends that “adaptation to the environment (performed by

the economy); goal attainment (performed by the government),

integrating or linking all institutions together (performed

by legal institutions and religion) and maintaining values

from generation to generation (performed by the family and

education)”. Institutions in any society strive to maintain

a ‘homeostatic equilibrium’. Where there is disequilibrium,

conflicts will occur in order for society to adjust

accordingly to the changes, strains, tensions and

contradictions in one institution

However, the study is similar to this theory because

incidences of land conflict has no end in the study area to

make homeostatic equiliblium.The study findings is also

concurrently with the study done in Nigeria by Kariuki

(2006b) reported that in 2003 to 2007 many residents were

forcibly evicted from their houses while they had permanent

legal document in land registration and ownership but FCDA

destructed all houses in Abuja, FCDA claimed that all people

157

they were against of Abuja Master Plan, even if they had

given legal document for permanent ownership .Below there is

picture (plate 4.2) showing Police guiding peace and

community security during land conflict in Njedengwa-makulu

wardPlate 4.2 : Showing Police Force Maintaining Security

and Peace during Land conflict at Njedengwa-Makulu in

Dodoma-Makulu

Source :TLHRC ( 2011)

158

Table 4.10: Distribution of Respondent’s Evaluation on CDA

in Land Governance and Management

Response Iterm Frequency Percent %Yes, there is advantage 20 18.4No, there is no advantage

90 81.6

Total

110 100

4.5.3: Operationalization/Functions of the Land policy

The study finding in Figure 4.11 indicate that 31% of all

respondents said that it allows the provision of land

certificate for registration. The implication of the study

it shows that residents who had knowledge on land policy

function were many because of their education status, also

land laws procedure of land ownership are known compared to

other who did not know the land policy functions.

Concurrently with the Official report from VEO/VCP/CDA and

Land Tribunal Court Officer both they argued that the lack

of education to most people in Tanzania about right to own

land is still a problem which cause frequent incidences of159

land conflict, few people they are aware of land laws and

procedure.

Concurrently the study done by Tanner (2002) Bowen (2000),

addresses that Mozambique’s and Zambia land policy

explicitly accepted that customary land systems were

carrying out an important "public service" low cost to the

state and people benefited much in the distribution of land

property. Similar study done by Anthropological and

sociological research done by a range of other fieldworkers

had found that customary tenure systems still accounted for

over 90 percent of land tenure rights in these nation, and

that customary leaders' control over and management of land

and natural resources remained strong and was seen by

people as legitimate (Norfolk and Tanner, 2007).

Moreover, the similar study done by Kim (2012) and

Rwechungura (2009) asserted the functions of Land Use Policy

as an international and interdisciplinary instrument

concerned with the social, economic, political, legal,

physical and planning aspects of urban and rural land use.

160

Land Use Policy aims to provide policy guidance to

governments and planners and it is also a valuable teaching

resource and provides right in occupying and managing land

legally according to the abiding laws of specific country.

Concurrently with the Constitution of URT of 1977, it

address that every person is entitled to own property.

Researcher observed that Land Policy stands as the mirror

which shows direction in land governance and administration.

Figure 4.11: Distribution of Respondents on Awareness

towards Operationalization of Land Policy.

161

4.5.4 Effectiveness of Land Policy in Investment Sector-

Free Market Economy

Therefore the study wanted to know if respondents are aware

with effectiveness of the Land policy (Laws) in managing

investments in order to avoid land conflicts. But the study

findings from Figure 4.12 reveals that 63% of the

respondents reported that Land policy is not effective due

to frequent increase of Land conflict between Investors and

people .

162

The implication of these findings it shows that land policy

is not effective in addressing Free-Market Economy, this is

because the policy is not clear to people in land occupancy

for investment, thus cause many incidences of land conflict

like happened in Dodoma – Makulu in 2011 between SINANA

ENTERPRISE and Indigenous, Concurrently from the report

done by LHRC on 22nd October,2011,SINANA Enterprise

demolished some of houses (119) in Njedengwa village, 7

people were killed , 10 people who were wrongfully arrested

and detained for several days without being taken to

court ,two police officers who were killed by the victims of

demolition as there was a battle between the police officers

and civilians during the demolition, CDA provided Gladder to

demolish the houses. Researcher observed that investors

negotiate with the government without involvement of

indigenous, this causes conflict in land matters, and land

policy is illegally practiced by government officers for

benefit of investors.

Concurrently to scholar Simwanza (2006) who asserts by

stating that: “It is common knowledge that any investor invests first to serve163

his interests before serving your interest. In fact what we are

experiencing is a situation where investors are using cheap

labor and our land, first and foremost to maximize profits

which are later externalized. They would rather grow flowers

than food for the starving Zambians. If the major intention

is to develop, why then should they invest in areas where

there is existing development, why not invade bare land?”

This study can be supported by Sikor (2004),the study

shows that Land conflicts due to privatization in Georgia

and Mongolia, the privatization of urban land has resulted

in quite a number of multiple allocations of land due to

illegitimated claims and ineffective, inefficient land

administration agencies whose staff is partly lacking

capacity, partly open for inappropriate practices. This

lobbyism, clientelism and corruption during the

privatization process contributed negatively to the already

low faith of Georgian citizen in their government then they

started to enter into conflict in order to acquire there

right to land ownership. All these findings show the similar

outcomes in the study findings that land policy are164

ineffective in addressing free-market economy (investment)

results in land conflict.

Figure 4.13: Distribution of Respondents on Effectiveness of

Land Policy in relations to (Investment) Free Market Economy

4.5.5 Land Policy Consideration in Gender

Also, the study wanted to know the awareness of the

respondents about gender consideration in the Land policy

and constitution of United Republic of Tanzania of 1977. The

study findings from the Table 4.11 reveals that 74% of the

165

respondent said that both constitution and land laws shows

equity and equality in land ownership. The study findings,

it imply that land policy and constitution of URT considers

gender in land ownership, this is because people are aware

with the constitution of URT and land policy, due to

education provided by GoT and NGO’s about the re-making of

the new constitution of URT .This can be argued Under the

Constitution of Tanzania (URT), 1977, every person in

Tanzania is entitled to own property. Also, a person’s right

to own property is governed by the provisions of the Land

Act (Supra) and the Village Land Act (Supra). Both of these

Acts reversed discriminatory customary practices that

negatively affected the rights of women to land and these

Acts recognized the equal entitlement of men and women to

own property.

Concurrently with study done by Hon. Justice Mwalusanya

found the inheritance provision in the Haya Customary Law

(Declaration) (No. 4) Order, 1963 to be inconsistent with

Article 13(4) of the Constitution, which bars discrimination

on account of sex. The Hon. Justice Mwalusanya modified the166

rules of inheritance contained in this Order to accord with

the principle of equality, such that men and women have

equal rights to inherit and sell clan land. The absence of a

uniform inheritance law that applies equally to all

individuals, irrespective of religion, tribe and color has

resulted in women being deprived of their right to property

when their partner’s die. In an effort to empower women in

this regard, the Tanzania Women Lawyers Association (TAWLA)

has advocated the creation of family courts to address cases

involving probate and inheritance issues in an attempt to

secure the rights of women and children. The study findings

noted that land policy has considered gender, that male and

female are equal in possessing land.

Table 4.11: Distribution of Response on Awareness of Gender

consideration in Land to Ownership and Right of Occupancy in

the Land Policy and Constitution of URT of 1977

167

Response item Frequency Percent %Both constitution and land laws shows equity and equality in land ownership and occupancy. 72 73.7 Every citizens have right to get land. 15 13.6Total 110 100

4.5.6 Possession of Land Certificates (title deed) for Land

Registration and Occupancy

The study finding from the Table 4.12 indicates that 61% of

respondents they haven’t certificate for land registration.

The implication of the findings reveals that all people in

Dodoma –Makulu ward they have no certificate(title deed) for

Land registration, this also, imply that CDA did not

measure the residential areas up to now, thus results to

poor settlement planning, when CDA wants to implement

projects in Njedengwa-Makulu, people starts to make conflict

with CDA.

Contrary to study findings with the study done by Kaijage

in Dare salaam (Kurasini) who found that 40% of people had

full titles and that 17% had no evidence of ownership.

Kaijage noted that most households a full title is not a168

priority although this has been one of the selling points in

the 20,000 Plots, the residential licenses, and the village

formalization Projects.

The study findings concurs with the report from CDA land

officers and Municipal Land Officers both said that it is

true that Njedengwa- Makulu is among of the village which

have not title deed, thus even peoples settlement has not

measured, there is informal Settlement. The study noted that

it is true that CDA is a stream of all land conflict because

does not take its responsibility of measuring the

residential areas in Dodoma at a time. One of the

respondents reported to LHRs officers that “Our village had

not registered and we haven’t any title deed for occupancy

and this land we inherited from our ancestors hence is our

property, but investor corrupt with CDA Officers and grabe

land.”The picture (plate 4.4) shows the discussion between

indigenous and TLHR Officers with the researcher after the

land conflict event were by researcher evidenced that study

areas have no title deed in 2011.

169

Plate 4.3:SHOWING TLHR officers and Researcher (Monitor) and

indigenous Discussing on issue of detailed Land Conflict

information at Njedengwa area (Kisasa West) in Dodoma-Makulu

Ward in 2011

170

Table 4.12: Distribution of Respondents on holding/possessing Land certificate as registration in Land ownership and occupancy

171

Response item Frequency Percent%Dodoma- Makulu has no land certificateas registration. 67 60.9

CDA did not measure mapinduzi west inDodoma Makulu. 9 8.2

CDA did not provide education on therole of land certificate of occupancy. 8 7.3

They haven’t because certificate of landis very expensive to buy it. 5 4.5

They haven’t because this land we haveinherit from fore fathers. 2 1.8

There is bad administration andmanagement in CDA and Ministry of Landand Human Settlement.

6 5.5

Our Chairperson of this village sold the certificate of ownership of Makulu village.13 11.8Total110 100

4.6 Strategies to be taken in order to avoid Land conflict

in Dodoma Municipality

The study noted the strategies of solving the problem of

land conflicts in Tanzania. The study finding in Table 4.13

reveals that 31% of respondents reported that education of

land laws should be provided to citizens of Tanzania, 22%

claimed that Municipal should take position of CDA in

172

operationalization of land governance and management. The

findings imply that many majorities said that education of

land laws is very important to people in order everyone to

be aware with laws of land occupancy and ownership. This

will result following of legal procedure in land ownership

hence land conflict will be avoided .But other said that

CDA should be abandoned from its authority, they claimed

that the presence of CDA at Dodoma region is the source of

all land conflict compared to other region in Tanzania

where there is no CDA

Concurrently to the researcher, observed that the aim of

establishing CDA in 1973 was good and have done good

implementation in planning Dodoma but due to failure of

managing land conflict and there is daily urban sprawl like

other regions in the country it is more fruitful to DMC to

replace CDA for benefit local people.

173

Table 4.13: Distribution Respondents on strategies to be

taken in order to avoid Land conflict in Dodoma Municipal.

Response item Frequency Percent %

Settlement area should be measured at atime. 3 2.7

There must be a unity between CDA andcitizens. 6 5.5

CDA must be destroyed from itsauthority. 12 10.9

Provision of land certificate ofownership. 14 12.7

The government should make clearamendment of land laws in Tanzania. 7 6.4

Municipal should take position of CDA 25 22.7

Education of land laws should beprovided to citizens of Tanzania. 34 30.9

To eradicate stratification in landdistribution. 8 7.3

174

Response item Frequency Percent %

Land laws should operate effectively in order to avoidconflict. 1 .9Total110 100

4.7: Summary

This chapter presented and discussed the study findings. The

chapter revealed that people are facing big challenge in

land ownership due to ineffective of land governance which

causes the increase of many incidences of Land conflict,

these include contradictions between CDA and people,

Investors and people, and these are caused by Institutions

Corruption, lack of education of land laws, lack of

institutional capacity in working. The study noted that

government interference and threats stand as another

challenge facing Land officers in land governance and

management.

175

CHAPTER FIVE

CONCLUSION AND RECOMMENDATIONS


This chapter presents the summary, conclusion and

recommendations of the study. It also outlines some

suggestions for further research on the study theme. The

conclusions and recommendations presented in this chapter

focused mainly on the study theme.

5.2 Conclusion

Land conflict is the main factor that hinders economic

development to most people of the study area, due to the

fact that people can’t engage in economic activities like

initiating investment project due to the lacking of title

deed in land ownership. Also unawareness of land policy

especially to people who had no education creates conflict

in land use, the study reveals that age determine the

historical ownership of land, because land were inherited by

176

ancestors, but still indigenous claiming that government

appropriate their land.

5.2.1 Types of Land Conflict in Dodoma Municipality

The study findings noted that urban people in Dodoma region

(study area) mostly were aware with the land conflicts. In

reference to the study findings it indicated that most

majorities they knew the types of land conflict which was

CDA and People, and Investors and People, the reason behind

was due to the frequent incidences of land conflict. The

study indicated that the most majorities were affected from

land conflict. The study showed the kind of effects due to

land conflict in 2011 which causes death of people,

demolition of houses in Dodoma- Makulu Ward.

5.2.2 Analysis of the Policy Instruments on the Land

Ownership and Right of Occupancy

The study findings revealed that, most majorities were not

able to analyse land policy instruments. The study noted

that the reason behind was, government had not provide land

policy education to people, Also the study reported that

177

land policy instrument is ineffective in its

operationalization because does not satisfy the needs of

people, they added by reporting that land officers are

corrupting in land governance and administration this

contribute to land conflict in the study area.

5.2.3 Assessment of the Community Knowledge/Awareness of

the Existing Land Policy which Address Land Conflict in

Dodoma Municipality

The study findings authenticated that community were not

aware with land policy, this resulted to fail in following

procedures acquiring land from the government, and the

reason behind from the study was that community did not

participate in making land policy, like current constitution

of URT. Also the study findings reveals that, even though

they are not aware but they knew the advantages of Land

Policy that it address the right of a citizens to own land

5.2.4 The Contribution of Land Policy on Addressing Land

Governance in CDA and DMC

The study indicated that CDA is responsible in land

governance unlikely to other region in the country which178

land is governed by Municipal. The study findings showed the

institutional capacity on land governance and management, it

addressed that CDA have low capacity in governing and

managing land matters, thus in Dodoma region there is an

endless of land conflict. The study findings reported that

land policy functions is to govern land issues and allows

the provisions of title deed of land ownership. Also the

study showed that land policy is not effective in

investments sectors or free market economy, the study

addressed the reason that due to increase of land conflict

between investors and residents like SINANA Enterprise land

conflict with people.

Not only that but also the study indicated the land policy

consideration in gender, and reported that land policy

considers gender equality of land ownership, that men and

women are equal in possessing land. Moreover the study

findings reported that most of majorities does not have

title deed for land registration and land occupancy, the

study addressed the reason behind that majorities had no

title deed because Dodoma-Makulu Ward/Village up to date had179

not registered, hence have no village title deed. Finally,

the study findings addressed the strategies to be taken in

order to avoid land conflict in Dodoma Municipality; the

dominant strategies was that, the government should provide

education on land policy and CDA should be removed in land

governance, management and administration also DMC should

replace CDA in its authority, like other regions in the

country land are being governed and managed by Municipals.

5.2.1 Recommendations for Action

The government should identify the indigenous that

are permanent in the residential area, were the

place which has not entered into government

planning, so as to avoid conflict with the people

during government implementation of its plans.

Also, the government under the MoLHS should

provide education on Land Policy (tools) to people

of Tanzania. Because the study findings noted that

many majority were not aware to analyze land

policy, when land policy will be understood to

180

Tanzanians also Land conflict will be avoided in

Tanzania. Education of land policy should be

provided as the exercise of Constitution

reformation which started from 2012 up to 2013.

Institutional organizational should be well

organized; because study findings indicated that,

CDA, Tribunal court and police were not well

organized thus they permitted Investor to demolish

houses of Njedengwa during the night and causes

death in study area.

There should be good governance, management, and

administration in land matters in order to

increase effectiveness in providing quality

service to the core stakeholders(people),because

the study findings reveals that there is poor

governance in CDA in administering land matters.

Not only that, but also people of Tanzania should

make positive cooperation with the government

(LGA) ,by finding information’s about land in

181

order to get permanent settlement in building

houses rather than building houses were the

government have its plans, this will avoid land

conflicts in Tanzania. According to the study

findings showed that about 119 of people build in

areas were government has its plans.

CDA should be abandoned from its authority in land

issues and DMC should replace it like other region in

the country were land matters is under municipal or

local government, study findings reveals that CDA is

the main stream of land conflict in Dodoma region, it

have fail to stop land conflict, hence should be

removed from it authority.

The government of Tanzania should prioritize indigenous

to get land rather than investors. Land for investors

should be allocated far away, because Tanzania have

many and large areas which are bared, this should be

used for investment not urban areas where people live.

The study findings showed that conflicts in study area

182

are due to Investors and CDA with people because

investors are highly prioritized in acquiring land.

Not only that, but also government under its authority

(CDA) should measure all part which have not measured

and provide title deed of land ownership, this will

help in Land Evaluation and Monitoring for effective

management in order solve land conflict incidences.

Because the findings showed that Dodoma-makulu Ward had

not measured because have no title deed for

registration, this results to unplanned settlement.

5.2.2 Recommendations for Further Research

In the light of the study findings, analysis, discussion,

conclusions and limitations of this study drawn, the

following recommendations are made in these areas.

(i.) It is recommended that a study should be conducted

which involves a larger sample so that the study theme

can be understood from a holistic perspective.

(ii.) The current study involved only and one hundred and

ten (110) and seven (7) official respondents in Dodoma183

municipal. It is recommended that a study could be done

over a wider geographical coverage such as three

regions so that it could be understood from different

viewpoints.

(iii.) A similar study could be conducted to investigate

the extent to which inhibiting citizen’s rights in land

ownership.

(iv.) Also, research can be done to explore the challenges

facing the institutions especially, Ministry of Lands

and Human Settlement Development and CDA in managing

and governing land matters.

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APPENDICES

Appendx 1: Questions for primary respondents

Dear Sir/Madam, you are kindly asked to participate in this

interview. The information sought to be obtained is related

to Land issues conflict which is very vital for public

awareness for that, the public cannot blame the Land policy

or the government without the insights of what problems and

the strategies in place. All the information that you give

shall be confidentially treated and shall be used for

academic purpose and not otherwise.

DO NOT WRITE YOUR NAME.

Part A: Personal information

1. What is your sex? Tick where appropriate.

Male Female

206

2. What is your age range? Tick where appropriate?

(a) 25-30 years

(b) 35- 40 years

(c)45 -60

(d)60 above

3.Marital Status.

Married Not married Divorced

Separated Widow

4 Education Status.

a)0-std 4 b)Std 4-Std 7 Form 2-4

Form 4-6 College level

PART B.OBJECTIVES WITH RESEARCH QUESTIONS

OBJECTIVE NUMBER I

Identification of the main types of land conflict in

Dodoma Municipality.

Research questions:

5 Do you know what type of land conflict in Dodoma

Municipality?( A)Yes or( b)No ( )207

6 If yes, mention the type of the land conflict in Dodoma

municipality

i)………………………………………………ii)………………………………………………… iii)

……………………………………………iv)…………………………………………………

7 Have you affected from the identified land conflict

if( a)Yes or ( b) No;

8: If the answer is YES mention the effects from land

conflict ___________ _________________,

___________________ , ____________________ ,

OBJECTIVE NUMBER II.

Analysis of the land policy instrument that addresses

land conflict in Dodoma municipality.

Research Questions.

9: Do you know policy instrument that address land issues

(conflict). (a)yes or( b)No.

10 If yes What are they?

_______________ ,_________________ ,

__________________ ,_____________________208

11: How policy instruments states on the land ownership and

right of

occupancy?..................................................

............................................................

...........

12 Are the land policy instrument fulfill the needs of the

citizen in ownership and right of occupancy? If (a)YES

( b) NO

13If no Explain briefly why……………………………………………………………………

OBJECTIVE NUMBER III

Assessment of the community knowledge/awareness of the

existing land policy which address conflict in Dodoma

municipality

Research Questions

14: Have you ever heard the land policy of United Republic

of Tanzania? If a)YES b) NO ( )

209

15: If no why you don’t know about

it..........................................................

............

16: And if the answer is YES what do you know about Land

policy………………………………………..

17: Is there any advantage of having land policy. If a) Yes

b) No.

18:Givereasons if the answer is YES………………………………………………….

19:Give reasons if the answer is NO……………………………………………………

OBJECTIVE NUMBER IV

Contribution of land policy on addressing land

governance in Capital Development Authority (CDA) and

Dodoma Municipality Council (DMC).

Research Questions:

20 Do you know government authoritative institutions which

have capacity to govern all land issues in Dodoma

Municipality? (i) Yes (ii) No ( )

21: If yes, name the institutions …………………………………………………………210

22: Is there any advantages of having land Authoritative

Institutions in Dodoma Municipality (a) Yes (b) No

( )

23: If Yes mention the advantage from this land

Authoritative Institutions.

i)………………………………………………ii)…………………………………………… iii)

……………………………………………iv)……………………………………………

24:If No mention the disadvantage from this land

Authoritative Institutions.

i)………………………………………………ii)…………………………………………… iii)

……………………………………………iv)……………………………………………

25: Do you know Land Laws of United Republic of

Tanzania?

(a) Yes (b) No ( )

26 If yes above, mention the types of land laws you know.

211

i)…………………………………………………ii)………………………………………… iii)

………………………………………………iv)…………………………………………

27: Are these land laws effective in relations to free

market economy.a) Yes b)No

28: Is land policy and constitutions of United Republic f

Tanzania of 1977, states clearly the issues of land

ownership and right of occupancy? (a) Yes (b) No (

)

29: If YES or NO in question (24) above. Explain briefly

…………………………………

30: Is land policy instrument (Law and Acts) and

constitutions of United Republic of Tanzania (URT) of 1977

states clearly gender equality between men and women on land

ownership and right of occupancy? (a) Yes (b) No

( )

31: If yes or no in question (26) above explain nature of

land ownership and right of occupancy in relation to gender

equality…………………………………………………

212

32: Do you have certificate of land occupancy at your living

place? A)Yes b)No

33: If the answer is NO give reasons to your answer

………………………………..

34.What should be done in order to avoid Land conflict in

Dodoma Municipal?

i)…………………………………ii)………………………………iii)……………………… iv)

………………………………………………v)…………………………………………

213

Appendix 2: Questions for public and private institution

officers.

Dear Sir/Madam, you are kindly asked to participate in this

interview. The information sought to be obtained is related

to Land issues conflict which is very vital for public

awareness for that, the public cannot blame the Land policy

or the government without the insights of what problems and

the strategies in place. All the information that you give

shall be confidentially treated and shall be used for

academic purpose and not otherwise. The title in question is

214

THE CONTRIBUTION OF LAND POLICY IN ADDRRESSING LAND CONFLICT

IN TANZANIA:A CASE OF DODOMA MUNICIPAL-DODOMA MAKULU.

DO NOT WRITE YOUR NAME.

OBJECTIVES NUMBER I

Main types of land conflict in Dodoma Municipality.

Research questions.

1: Do you know the type of land conflict? A) Yes b)No

2: If yes, mention the type of land conflict at your area.

i)……………………………………………ii)……………………………………………… iii)

…………………………………………iv)…………………………v)…………………

3: Have your community affected from the identified land

conflict, (a) Yes (b) No

215

4: If the answer is YES in question 3 above Explain briefly

how?........................................................

............................................................

......

OBJECTIVES NUMBER II

Analysis of the policy instrument that address land

conflict in Dodoma Municipality

Research Questions.

5: Do you know the land policy that addresses land issues

in Tanzania? a) Yes b) No

6:If the answer is Yes mention the land policy instrument

that addresses land issues in Tanzania.

i)……………………………………ii)……………………………iii)……………………… iv)…………………………………

v)………………………………………………………

7: For each land policy instrument (LPI) above, how

addresses land conflict in your

area…………………………………………………………………………………………

216

8: Are the policy instrument analyzed above effective or in

effective, A) Yes effective B)No ineffective

9 Briefly explain the answer above in question (8)

-----------------------------------------

10: Do you face any challenge in using land policy

instrument in land resolution conflict? If a)Yes, b) No

11: Mention the challenges you face in question (10) above

i)…………………………………………………………………………………..

ii)…………………………………………………………………………………..

iii)………………………………………………………………………………………

iv)………………………………………………………………………………………

v)………………………………………………………………………………………….

12: How many cases of Land conflict do you receive at your

office per

day.........................................................

..........................................................

217

13: Do you have any strategies that resolve the land

conflict incidences? (a)Yes b) No

14:If the answer from question 13 above is YES, mention the

strategies that resolve the land conflict,1)

…………………………………………………………2)……………………………………………..3)……………………………………

4)……………………………

OBJECTIVES NUMBER III.

Assessment of the community knowledge/awareness of the

existing land policy which address lad conflict in

Dodoma Municipality

Research Questions.

15: Are the community aware of the existing land policy

which addresses land conflict in Dodoma Municipal.(If the

answer is NO go to question number 17) (a)Yes

b)No

218

16: If yes in questions (15) above specify the magnitude by

percentage

a) 100% - 81% b)80% - 61% c)60% - 41%

d) 40% - 21% e)20% - 0% ( )

OBJECTIVES NUMBER IV

Contribution of land policy addressing land governance

in CDA and DMC

Research Questions

17: Is land policy contributed positively in land governance

and management? (a)Yes b) No

18: What is the contribution of the land policy on

addressing land governance in CDA ?a)

…………………………………………………………………………………………

19: What is the contribution of the land policy on

addressing land governance in DMC? Explain

briefly………………………………………………………………………………………

219

20: If land policy contributes positively in land

governance, why land conflicts occur? Explain briefly. .

………………………………………………………………………………………………

21: Is the land policy and constitutions of Tanzania of

1977 states properly the issue of land ownership and right

of occupancy? (a) Yes (b) No

22: If yes/ no in question 12 above give

reasons…………………………………………………

23: Is land laws and constitutions of United Republic of

Tanzania (URT), 1977 considered gender equality on land

ownership and right of occupancy?(CYCLE THE ANSWER IF IS

LARGE OR LOW)

(a) Men ………………….Large/Low

b) Women………………Large/Low

24: Briefly explain why? The chosen gender is mostly

prioritized in land ownership and right of

occupancy…………………………………………………………………………………

220

25: Is there any challenges that you face during land

conflict a) Yes b) No

26: If YES mention the challenges you face during land

conflict?

I)…………………………………II)………………………………………………………

III)………………………………IV)………………………V)……………………………

27: Which institutions are powered by the government to

have authority in managing and governing land issues in

Dodoma Municipal? (a) CDA (b) DMC

( )

28: Is the institutions have high capacity in avoiding land

conflict? (a) Yes (b) No ( )

29: If YES, why land conflict occur in Dodoma Municipal.

Give reason…………………………………

30: What are the functions of Capital Development Authority

(CDA) on governing and managing land

………………………………………………………………………………………………

221

31:.What are the functions of Dodoma municipal council (DMC)

on governing and managing

land…………………………………………………………………………………………

32: What should be done in order to avoid Land conflict in

Dodoma municipal? i)…………………………………………ii)………………………iii)

……………………… iv)………………………………………v)…………………………………………………

222