5.2 Lack of Property Rights Over Natural Resources: 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

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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

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5.2 Lack of Property Rights Over Natural Resources

Most people in rural areas depend upon the natural resources for their livelihood, yet, they have no legal rights to them. Despite legislative recognition of customary land rights, state and other investors continue to ignore rural peoples' rights to their natural resources. We have witnessed over the years the abolition of customary land tenure without payment or compensation to the rural people. For instance, Land Development (Specified Areas) Regulations of 1986, [Government Notice No. 659 of 1986] and the Extinction of Customary Land Rights Order [GN. 88 of 1987] abolished all customary land rights in most of the Arusha region (Shauri: 1996). These lands vested to the district councils who were then allowed to distribute the land freely.

Without customary rights and benefit sharing mechanisms on natural resources use are proved to be effective in practice, local populations will continue to become indifferent to the environment because they have no incentive to contain degradation and conserve the environment and natural resources.

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