Tanzania lacks means to end land disputes, House told

Dodoma. A Parliamentary select committee tasked with checking widespread land conflicts fell short of suggesting steps to be taken against public officials despite finding major problems in the management of land in the country. The five-man committee, which took more than a year to investigate the issue, established that the country has no comprehensive mechanism to deal with land problems.

It also established that weak law enforcement, contradictory legal regimes and ineffective and incompetent leaders were the major factors driving the land conflicts that refuse to go away. But instead of baying for the blood of those responsible, the committee chose to focus its energy on changes that would help improve the land management systems and ultimately reduce the conflicts.

Speaker Anne Makinda commended the team’s approach, saying that witch-hunting would not help the country find lasting solutions to the land crisis.

Before allowing the general debate on the report, she said: “I know that we are heading to an election and everyone would like to use this opportunity to look at his specific area. But in this issue I would like to appeal to MPs that we should focus on the bigger picture. We should also avoid partisanship, as shown by the committee members who have come up with recommendations which do not directly point an accusing finger at an individual. Let us deal with the issues.”

The committee categorised its recommendations on what should be done into short, medium and long term solutions in the belief that if the government implements them, land problems would be consigned to history.

In her contribution to the debate, Ms Magdalena Sakaya said: “This country has a lot of good literature in almost each and every sector. Our problem is that we don’t implement such laws and policies.”

But the committee chairman, Mr Christopher ole Sendeka (Simanjiro–CCM), said when tabling the report that there were several guiding principles that contradicted each other. He cited the 1997 land policy, which is out of synch with the 2006 livestock policy. Moreover, while the land policy outlaws pastoralism, the livestock policy allows it and this has led to clashes in some areas.

Conflicts pitting villagers against investors largely spring from moves to enable investors get land. One law says that investors who need land should enter into business ventures through the Tanzania Investment Centre (TIC) but the Land Act reportedly also gives the Land ministry powers to rope in investors at the same time.

The committee also accused the government of failing to survey land. Out of more than 10,000 villages, only about 1,200 villages have been surveyed and only a handful have good land use plans. This problem is compounded by lack of strong institutions to supervise the implementation of land use plans.

According to Mr Sendeka, conflicts involving farmers, pastoralists, investors and other land users are not only widespread but they have persisted for a long time. In a review of government literature, he pointed out, they came across a letter written on February 19, 1986, by an aide to the Prime Minister and First Vice President, Judge Joseph Warioba, to the Morogoro Rural district commissioner, stressing the need to resolve the land conflict between farmers and pastoralists at Kambala Village in Mvomero District.

But, 28 years later, the conflict in the village was still raging--leading to the death of innocent people, destruction of property and insecurity and putting in jeopardy development projects. He stressed the need to find a lasting solution to the crisis, which poses a threat to national peace and security.

The land problems continue unabated despite the 1997 National Land Policy, which points to problems with implementation. The committee also established major shortcomings in the implementation of 2006 Livestock Policy, including failure to recognise livestock as wealth. That is why executives in many areas have not set aside land for pastoralism, Mr Sendeka said, and have also not bothered to provide guidance on the number of animals to be maintained in a given area.

As for water policies, Mr Sendeka said, the committee realised that most were inferior because they were enacted without involving water users and other stakeholders. He added: “There are serious flaws in the implementation of the Investment Policy. In some cases, land is taken from wananchi for investment without involving them. And when they are involved, they are not duly compensated.”

Stakeholders are now urging the government to make sure that a directive by President Jakaya Kikwete to stop shifting of livestock from one district to another is followed to the letter. “Continuing to do so shows that our leaders do not respect the President’s  order,” said Mr Sendeka. “Parliament should direct the government to make sure that from now on livestock is transported using cars and trains.”

The committee also asked the government to take immediate steps to control pastoralists from neighbouring countries who do not only disturb local farmers but also may bring with them livestock diseases. The committee also recommended that the government strengthen the national land use commission by providing it with facilities and money so it can serve as a central unit in managing land use.