3.5 National Land Policy: Review of the Decentralization Process and it's Impact on Environmental and Natural Resources Management in Tanzania

Lawyers' Environmental Action Team (LEAT)
leat@mediapost.co.tz

home | publications | law | activities | about LEAT

home / publications / Review of the Decentralization Process

REVIEW OF THE DECENTRALIZATION PROCESS AND IT'S IMPACT ON ENVIRONMENTAL AND NATURAL RESOURCES MANAGEMENT IN TANZANIA

Introduction

Abbreviations

Legislation

PART I: Conceptual Framework and Rationale for Decentralization

	1.1 Conceptual Framework
	1.2 Background to the Environmental Problems Facing in Tanzania
	1.3 Major Environmental Problems in Tanzania

PART II: Tanzania's Experience with Decentralization: a Chronology of Events

	2.1 Introduction
	2.2 Decentralization Process (1972-1982)
	2.3 Decentralization Process (1983-1998)
	2.4 Local Government Reforms and Environmental Management

PART III: The Policy Reforms and Environmental Management in Tanzania

	3.1 Introduction
	3.2 National Forestry Policy
	3.3 National Environmental Policy
	3.5 National Land Policy

PART IV: Environmental Legislation Management by Local Government Authorities in Tanzania

	4.1 Introduction
	4.2 An Overview of Local Government Authorities
	4.3 District Local Government Authorities
	4.4 Urban Local Government Authorities

PART V: Factors Hindering Effective Management of the Environment by Local Governement Authorities

	5.1 Introduction
	5.2 Lack of Property Rights Over Natural Resources
	5.3 Weak Formulation and Implementation of Bylaws
	5.4 Poor Enforcement of Environmental Laws
	5.5 Weak Penalties and Incentives

PART VI: Practical Implications to Decentralize Environmental Management Structures

	6.1 Existing Interfaces and Linkages between Local Government Structures
	6.2 Capacity of Local Governments In Environmental Management

PART VII: Conclusions and Recommendations

	7.1 Conclusions
	7.2 Recommendations

References

Printable versions of this document:
Single HTML document
Microsoft Word format
Adobe Acrobat format

prev | next

3.5 National Land Policy

The Government in 1995 promulgated the National Land Policy (NLP). The main objective of the NLP is to promote and ensure wise use of land, guide allocations, prevent degradation and resolve conflicts. On the issues related to environmental management, this policy is one of the major guiding principles to local authorities, which are in dire need of decision making mandates on land use and resources.

Admittedly, land tenure issues are fundamental to the sustainable utilization of land resources. Security of land tenure and resources influences the level of investment on land and conservation of land based natural resources. In other words, natural resource management depends on land tenure and the allocation of specific user rights. In Tanzania, the President owns the land in trust for present and future generations. The Commissioner for Lands acts on behalf of the President and administers the land. The dual system of land tenure introduced by the colonial regime has been maintained by the NLP. Right of occupancy, which is the main form of tenure, can either be acquired through a grant by the Commissioner for Lands or through customs and tradition.

The NLP tries to protect the environment and natural resources. It reserves village lands and some communal areas for conservation purposes (e.g. forests on village land). Furthermore, the NLP protects highly sensitive areas such as water catchment areas, forests areas of biodiversity, national parks, wetlands and etc. The NLP declares, "mechanisms for protecting sensitive areas will be created.... These areas or parts of them should not be allocated to individuals."¹

The NLP directs that "permits, licenses, claims and rights for exploitation of natural resources be issued in line with land use polices, and environment conservation policies and programmes."² However, it is not clear how licensing mandates will be coordinated at the local and central government levels. Another apparent gap in the policy is the unclear devolution of land management responsibilities from the Commissioner for Lands to the local government.

Paragraph 4.2.10 of the National Land Policy, 1995
Ibid paragraph 7.1.1 (iii)

prev | next