independence. The Land Act of 1999 and the Village Land Act of 1999 largely kept the status quo. State lands
may be transferred to other users but radical title ultimately remains vested with the State (article 6 of the Land
(Amendment) Act 2004).
133.
The most common types of land disputes in the country have been over: Ownership; Trespassing; the Denial of
Enjoyment and Benefitting of Third Party, Land Rights, Land Acquisition and Compensation18. Most of the land
disputes occurred in Songea, Moshi, Bukoba, Arusha, Pwani, and Tarime districts.
134.
Many speakers at the stakeholder consultations held by the CRM across the country criticised the investment
approach to land use. It failed for not adequately, if at all, considering the views of affected local communities
prior to making large-scale land allocations to investors, and to expatriates. In the absence of such consultations,
violent outbreaks were often triggered by large-scale investments. For example, evictions carried out to
accommodate investors met with local opposition and resistance in many communities of the displaced. In 2002,
135 villagers, assisted by the Legal and Human Rights Centre (LHRC), filed a human rights violation case before
CHRAGG against the Serengeti District Commissioner and Officer Commanding District for forced evictions.
135.
There is confusion over the entire investment and compensation regime. Legally, villagers must be fairly
compensated by the Government when village land is transferred to general land yet, in practice, things have
been different: investors were reported to compensate villagers directly. It is, therefore, common for displaced
communities to contest the entitlements due to them as beneficiaries. Chapter Six of this Report, under Objective
4 provides further elaboration on the (i) acquisition of large tracts of land by investors and politicians as land
ownership by rural households declines; (ii) increases in filings sparked by land dispute cases; and (iii) the
negative impact of land disputes on job creation, poverty reduction, and social stability in the country.
136.
To a certain extent, dwindling pastures from the effects of climate change, population increases, and different land
use patterns create a different type of land dispute. Pressure on the land increases as pastoralist communities
encroach on farm land. The CRM was informed of instances where this form of ‘trespassing’ triggered violence,
especially in Arusha, Manyara and Morogoro.
137.
The transition from a one-party state to a multi-party state engendered another type of dispute, in the form
of sporadic election violence. The 2005 general elections were marred by more violent events than were
experienced and reported during the 1995 and 2000 general elections. These incidences usually involved the
police and opposition party supporters who usually contest electoral outcomes and procedures. As illustrated in
Figure 3.1, more than 50 per cent of the respondents in a survey reported witnessing election-related violence
and over 66 per cent thought it highly likely that more such conflicts could erupt in the future.19
18
The Impact of Land Disputes on Economic/Business Activities in Tanzania, Ministry of Lands Housing Human Settlement and Development, Office of the
Registrar of Lands and Housing Tribunals, Dar es Salaam, 2011.
19
The study was conducted in the following 12 locations where the highest number of incidents had been reported in the past and/or more recently:
Arusha, Mara, Tarime, Shinyanga, Kahama, Kigoma, Morogoro, Mbeya, Lindi, Mtwara, Unguja and Pemba. See University of Dar es Salaam, Mapping and
Analysis of 2010 Election-Related Incidents of Violence. Research Report, The College of Arts and Social Sciences, University of Dar es Salaam, December
2011.
48
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