Dar-Es-Salaam Institute of Land Administration & Policy Studies Ltd P. O. Box 35424 Phone: +255-73-292-9073 Fax: +255-22-2773631 Celphone: 0754-268191 Website: www.dilaps.or.tz

LAND – PILLAR No. 5 of KILIMO KWANZA (Clearing the Ground to Success)

by Dr. Furaha N. Lugoe [email protected], [email protected]

Dar Es Salaam Institute of Land Administration and Policy Studies (DILAPS) P. O. Box 35424 Dar Es Salaam Tanzania. www.dilaps.or.tz

September, 2010. Pillar No. 5 of Kilimo Kwanza

Abstract

The Kilimo Kwanza (KK) declaration is a pronouncement of the Government of Tanzania on ways and means of speeding up the existing strategies and programmes regarding the modernization of agriculture1. The goal is to uplift agricultural growth from the current 4 percent to 10 percent within the time frame of the Tanzania Development Vision or sooner by addressing and resolving key challenges besetting agriculture. Many of these challenges are internal to the sector but many more emanate from outside it. In a study conducted recently (ESRF, 2010) on the effectiveness of public policies, agriculture was found to be affected by 25 national policies, 9 Acts of Parliament on food production, 10 Acts governing the livestock sub-sector, and 10 Acts governing land ownership and land use. Regulation of agriculture needs therefore, a multi-sector approach in which synergies and linkages are well considered. However, the modes and extent of relationships across sectors are yet to be firmly determined - policy researchers should work on these soon to correctly guide Kilimo Kwanza to its success as a green revolution.

Without going into deep analysis, this paper attempts to look into land-agriculture and hence land- KK relationships. Land, particularly land distribution and allocation has been identified as Pillar No. 5 of Kilimo Kwanza. Although the emphasis, in the declaration, seems to focus on land distribution and allocation, it must be pointed out that these two activities are some of the few visible components of land policy strategies. Wherever they seem to be wanting, the solution should be sought in other supporting frameworks of the lands sector that have come to be known as the land administration infrastructure (LAI). Technology, Base Maps, Land Use Maps, GIS, Master plans, Property Registries, Land Disputes Courts, various working manuals and regulations are a part of LAI. This paper therefore contextualizes KK in land and conversely, land in agriculture policies, strategies an programmes. The aim is to identify areas of strengths and weaknesses and the placement of emphasis if KK is to succeed where earlier attempts did not.

The paper starts by revealing land abundance in Tanzania’s sectoral policy making as a myth, by exposing the paradox of land use proportionalities between the major land users (crop agriculture, livestock agriculture, forest conservation, wildlife, biodiversity ecosystems, minerals and human settlements). Documentation shows that these have been blown out of proportions and beyond reason. The paper argues that without proper country planning including land use planning even economic planning will always be prone to gross error unless the paradox is resolved. It proceeds to suggest that higher production and large acreages for peasant farmers should go together. The latter was encumbered by the command economy in three decades after independence and meaningful attempt at land re-distribution has not been attempted. Population concentrations in rural areas should be de-concentrated to enable this arrangement.

This paper also seeks to unveil relationship between land and agricultural policies by examining the regulatory frameworks of the two, the environments in which they operate and whether or not enough has been done to regulate land with full consideration of agricultural production at all levels. In the end, a set of policy recommendations are made on: (i) whither way now that the incentive structure to farmers is not yielding desired results; (ii) land re-distribution to upgrade some peasants to middle-scale farmers; (iii) making the land bank credible; (iv) lands sector empowerment through appropriate financing; and (v) re-aligning land with ASDS and hence KK.

1 Here used in the wide sense to include both crop and livestock production at small medium and large scales.

______2 Furaha N. Lugoe, Ph. D. Pillar No. 5 of Kilimo Kwanza

1. INTRODUCTION

Situated in East just south of the equator, mainland Tanzania lies between the great lakes (Victoria, , Nyasa) and the . The country has a total area of 945,087 000 sq km, including 59,050 sq km of inland waters. The boundary length stands at 4,826 km, of which 1,424 km is ocean coastline. Tanzania is a vast territory of diverse climates and ecosystems and a source of several great rivers (Nile, Ruvuma and Congo) of the World. The country yields an enviable blend of vegetation both natural and human made. In terms of land acreage, Tanzania mainland occupies about 94 million hectares of landmass out of which 88.9 million ha is land and 5.9 million ha is covered with water. Except for a few major mountain ranges most of this landmass lies in the range of between 1020m and 1650 m above sea level.

Table 1: Tanzania Agro-Ecological Zones and Representative Areas: Zones Sub-Zones Representative Areas 1. Coast a. Northern Tanga, Coast, DSM, Parts of Lindi & b. Southern Mtwara 2. Arid Lands a. Northern /Ngorongoro + Parts of b. Masai Steppes Masailand, Mkomazi, Pangani, Eastern Dodoma 3. Semi-Arid Lands a. Central Dodoma, Singida, Morogoro, Parts of b. South-Eastern Lindi and Mtwara 4. Plateaux a. Western Tabora, Rukwa, Mara, , Northern b. Southern Ruvuma & Southern Morogoro 5. Highlands a. Southern Iringa, Mbeya b. South- Western Rukwa/Ufipa c. Western Kigoma, Kagera 6. Highlands a. Northern Kilimanjaro/Meru, b. Isolated- Granitic Uluguru, Pare Usambara, Tarime c. S.W. Highlands Mbeya, Iringa Source: National Bureau of Statistics

Estimates documented in the National Land Policy (cf. GoT, 1995), show that about 75 percent of the land area is either uninhabited or too difficult to manage because of either difficult relief, tsetse flies or unreliable rainfall, national parks, game and forest reserves which are scattered throughout the country, including mountains and inland waters, notably lakes and rivers. The climates of Tanzania, as are of most parts of equatorial and tropical Africa, are not favourable, except in few places, to the formation of good soils. The low moisture levels, the high bacteria content and sparse vegetation are mostly responsible for this state of soils. The best soils are found in areas of wet forest regions, in flood and coastal plains and in the highlands - zones 1, 5 and 6 in Table 1.

Figure 1 displays the agro-ecological zones on the map of Tanzania. In terms of land-use in the rural areas, there are notable contrasts among the ecological zones (GoT, 2004). For example: (i) perennial-crop mixed husbandry on high potential land in semi-humid climate; (ii) annual-crop cultivation on medium potential land in equatorial climate; (iii) dry land crop cultivation on marginal land in semi arid climate; and (iv) cattle/goat pastoralism on

______3 Furaha N. Lugoe, Ph. D. Pillar No. 5 of Kilimo Kwanza low potential wet season grazing land in an arid climate. The plateux, semi-arid and arid zones dominate the landscape and limits agricultural and other activity a great deal. In areas with good access to markets suitable land and water resources for irrigation and rapid population growth, farmers have responded to new opportunities by expanding the areas they cultivate shifting from fallow to permanent cultivation.

Figure 1: Agro-Ecological Zones of Tanzania

MAJOR AGRO-ECOLOGICAL ZONES OF TANZANIA N

N10 W4 W1 P4 P4 W estern Highlands (W ) W3 N8 P4 Nothern Rift Zone and Volcanic Highlands P4 La ke Na tron P4 N9 N8 N3 E1 N7 N4 N6 N2 P4 P8 N4 N1 N4 N5 E2 E1 Lake Eyasi Lake M anyara E12 N3 P7 W2 E1 Eastern Plateaux and Mountain blocks P5 P12 E12 P2 E1 E8 E1

P8 E12 P5 E2 E2 P1 C1 P13 E2 E6 C6 Central Plateau (P) E3 C4 P10 E2 P6 EasternC4 Plateaux and Mountain blocks P11 P9 P5 E3 P13 R1 C4 C7 C7 U P6 C1 Ruikwa-Ruaha Rift Zone E9 C3 P2 E4 C4 %[ P3 R3 Ocean S1 R E14 P5 R4 E4 Coastal Zone P2 H7 E9 C3 R1 C5 C2 C5 C2 Lake Ruk wa E4 C7 H1 C4 C7 R3 Ufipa Plateau U C2 E10 S1 C5 C3 R2 C2 E15 S2 C3 H6 C2 H5 H2 C2 Southern Highlands H4 C3 E3 C2 C2 H3 E7 Inland Sedimentary Plateau C2 E11

Lake Nyasa E5 S2 H3 S2 S2 S2 0600KilometersS2 S2 S2

2. HANDY REFLECTIONS ON KILIMO KWANZA

The need for increases in agricultural production have been underscored in several macro policies of Tanzania including the Tanzania Development Vision 2025 and the National Strategy for growth and reduction of poverty (NSGRP). Its importance stems from the real need to control hunger and poverty in the country but also to uplift livelihoods to a higher level. After decades of regulating agriculture below expectations as viewed against the national vision, the Government of Tanzania, in association with the private sector, has decided to try another approach. Kilimo Kwanza (KK) is a prioritized strategic programme that is focused on increasing agricultural output and strengthening food security in Tanzania. It is anchored on ten pillars among, which is land. Kilimo Kwanza has been preceded by several similar attempts focused at the same goals and upholding the same ideals since independence and particularly since the passing of the National Agriculture Policy (NAP) of 1983. Perhaps a question that comes to the mind is this: what was the real missing link in earlier Government declarations on agriculture with what KK seems to seek to achieve now?

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It is known, for example that current regulation of agriculture is guided by the Agriculture and Livestock Policy of 1997 (ALP-1997) or predecessors to it. It is also known that the formulation of the ALP-1997 took into account major, if not most conceivable factors including (ESRF,2010): (i) national and global changes that affected agriculture; (ii) the liberalization of agricultural marketing that began in mid 1980s; (iii) the intention to increase involvement of the private sector; (iv) socio-political changes, particularly the move towards multiparty political systems that opened doors for a new look in terms of the role of agriculture in the economy; and (v) move towards participatory processes in policy formulation as opposed to an earlier monopoly by government. At the global level the NLP- 1997 formulation took into account (a) the impact of global climatic change on rainfall, seasonality and temperatures; (ii) shortage of water in catchments areas, all of which were prone to affecting not only rain fed agriculture but also irrigation farming; and (iii) the world trade regime that had changed in early 1990’s, which affected the performance of .” On the outset, therefore, it looks like the regulatory frameworks for agriculture emanating out of the ALP-1997 are well grounded and focused. So what necessitated the adoption of KK at a time that the Agriculture Sector Development Strategy (ASDS) and programmes are being implemented?

Box: Kilimo Kwanza on 0.12 ha of Land! Despite the abundance of unutilized land, Tanzanian agriculture is dominated by small-scale subsistence farming. Approximately 85 percent of the arable land is used by smallholders who operate between 0.2 and 2.0 ha and traditional agro- pastoralists who keep an average of 50 head of cattle. It is estimated that the average per capita land holding is only 0.12 ha.

Section 2.1 Agricultural Sector Development Strategy

The ALP-1997 states, in part that “land administration arrangements determine agricultural and livestock land use, such that when land policies change the latter must also re-examine its rules and regulations so as to ensure a good fit.” The policy therefore acknowledges that land is a valuable resource that must be made available to all actors in a diversified and multi-sector economy. It notes, with emphasis that over 85% (now 80%) of rural folk depend on land for their livelihoods, through agricultural related activities. It also accepts the primacy of land over agricultural policy with a statement that “agricultural policy must be revised to meet the demands of the new land policy.” To what extent has this statement in policy been taken up for consideration and has the consideration been good enough in the context of KK?

Outlining the purpose of formulating the ALP-1997, a recent study (ESRF, 2010) states that “other more generalized policy intentions (of the ALP-1997)… were to: (i) improve the Government's ability to design and implement market based incentives for agricultural production, processing and inputs supply; (ii) improve the functioning of markets for all factors of production; and (iii) induce technological change by improving the efficiency of inputs supply markets and by increasing the effectiveness of Government's agricultural extension and research services”. The study report concludes with a statement that “It also

______5 Furaha N. Lugoe, Ph. D. Pillar No. 5 of Kilimo Kwanza took advantage of the New Land Policy of 1995, as land is the most important input into agriculture.” Standing alone in the above statement is reference to the national land policy of 1995 and a qualifying statement that land is the most important input in agriculture. The symbiotic relationship between land and agriculture and hence land and land and Kilimo Kwanza should not be underestimated. These are relations to be established where they are missing, uplift where they slumber, strengthen where they are weak. But, most importantly, where the relationships are strong, enabled and empowered, Kilimo Kwanza will have overcome one of the biggest huddles to success.

3. LAND RESOURCES AND LAND USE

Agriculture depends on many environmental factors such as soil fertility and moisture, seasonality, geographical location, etc, which are also land based. Climate, soils and moisture are perhaps the most important, although the climates of equatorial and tropical Africa, including those of Tanzania, are not favourable except in few places to the formation of good soils2. This resource has not been mapped adequately and most policy decisions on land suitability are affected by inadequate land suitability information. It is argued here that Tanzania does not know the suitability of its land and the distribution of land discussed in Table 2 leaves questions than answers.

Arable Land and Its Usage: Statistics provided by both the national land policy (NLP) of 1995 and the agriculture and livestock policy (ALP) of 1997 show that slightly less than 50% of Tanzania’s land mass is comprised of arable land at 48.8 mill ha (GoT, 1995). However, it is only 10.1% of the land surface at 9.0mill ha (or 18.4%) of the arable land that is under cultivation, implying that over 81.6% of all arable land is not used for farming. The picture being painted by this statistic is that there is abundant arable land for agriculture that is probably a part of the 75% lands that are difficult to inhabit and manage. This rather positive view of land availability for agriculture is not reflected in the actual village land use pattern probably for the same reasons.

The agricultural Sector Development Strategy gives the approximate distribution of the 10.1 percent of land under cultivation. It states that most of this land is used for small scale farming by about 3.8 million peasants at an average of 0.2 Ha, per peasant (see title). The remaining 592,074 Ha, is managed under large scale farming that includes sisal, coffee, tea, estates and plantations under granted rights of occupancy. The second group of users could have increased in recent years of the investment promotion policy.

Pastureland: The same sources of information show that Tanzania is made up of 61.3 mill ha of pasture out of which only 35.5 mill ha, (or 57.9%) is permanent. Further, the land area used for pasture stands at about 44 mill ha, which is greater than the permanent pasture land available. These figures imply that a sizable proportion of grazing is undertaken on non- permanent (8,475,200 Ha) pasture that, as experience has shown, is vulnerable to harsh weather and climatic conditions. It is agreeable that sustainable livestock keeping can only

2 The low moisture levels, the high bacteria content and sparse vegetation are mostly responsible for this state of soils. The best soils are found in areas of wet equatorial forest regions, in flood and coastal plains and in the highlands including the Southern Highlands of Tanzania.

______6 Furaha N. Lugoe, Ph. D. Pillar No. 5 of Kilimo Kwanza be possible where land use suitability is considered. In this case, it is possible on permanent pasture implying that a sizable herd will have to graze in ecosystems located outside the permanent pasture.

Forests: Forests and woodlands cover about 45 million ha of Tanzania's land surface3, half of this resource is on unreserved public land. Most of the forest is savannah and intermediate woodland. The principal species of wood in Tanzania are valuable tropical woods such as cedar, African rosewood, podocarpus and mahogany. There are also plantation forests covering an area of 250,000 - 300,000 ha, consisting of Pinus, Cypressus, Eucalyptus and Wattle.

Rangelands: The wildlife of Tanzania is a unique natural heritage and resource that is of great importance both nationally and globally. Tanzania has 19% of her surface area devoted to wildlife in protected areas where no human settlement is allowed and 9% wildlife co- exists with humans.

3.1. THE LAND DISTRIBUTION PARADOX

The discussion made above on land suitability poses a major paradox in identifying the amount of land available for various uses. This paradox must be resolved so as to enable country planning that is realistic. Statements floating around with regard of land abundance in Tanzania should be based on reality and not wishes as it is currently the case. The resolution needs to be given high priority as all sectors need to ground policies in realism for good governance of the resources and appropriate use as per National Land Policy of 1995 (NLP-1995).

The Paradox: Table 2 attempts to present the land area zones in a more compact form. The data forms a rather confusing scenario as it is not possible to state, with certainty, how much land is best suitable for which land uses. The land conflicts that have been occurring in the country could be a result of inadequate knowledge on land suitability use and distribution among major land uses. The paradox presents itself in a seemingly abundant arable land country wide, in spite of the fact that farmers still experience dismal land allocations (under 2 ha.). This is a real problem that the country must address itself to. The paradox extends to pasture where the land areas showing a general deficit in pasture for sustainable livestock agriculture seem to receive marginal attention. Livestock keepers are often accused to encroach on conservation lands. As it will be seen later, although the land policy sees this shortfall, the agricultural sector development strategy (ASDS) does not. How will Kilimo Kwanza handle this situation?

The summation of land suitability areas, in the table, is more confusing. The ALP-1997 and NLP-1995 both state that 75 percent of the land of Tanzania is difficult to inhabit and manage. Though difficult does not mean impossible, it is a constraint on land use. Assuming

3 In Africa, more than 70 percent of the population depends on forests and woodlands for its livelihood; one fifth of rural families’ daily needs come from forests. Woodlands and forests supply approximately 60 percent of all energy. Forest-related activities accounts for a large part of the GDP of most of the continent’s countries.

______7 Furaha N. Lugoe, Ph. D. Pillar No. 5 of Kilimo Kwanza the odds are overcome, agriculture alone takes 120.6 percent of the territory. There can be no other way to explain the outburst except to view it as an overlap between arable and pasture land areas. Should any policy be formulated on a notion of land abundance as a building block, the outcome would be that limits on livestock would be set high. Similarly, notions of abundant arable land would raise expectations of large areas of land for distribution when such land may not be available. The two interests would ultimately come into conflict and such policies would be difficult to implement. The two agricultural uses overlap at 26 percent before considering other uses.

Table 2: Tanzania Land Distribution Paradox S/N LAND RESOURCE TYPE SIZE % COMMENT (in mill. ha) 1 Territory 94.5 100 Territory Land 88.9 94.1 of territory Inland Water 5.90 6.2 of territory CONSERVATION LAND of all land (69.6%) 2 Forests 45.0 50.6 of land 3 Unreserved Forests 20.0 44.4 of forest 4 Wildlife 19 of land AGRICULTURE AND LIVESTOCK PRODUCTION of all land (120.6%) 5 Arable Land 48.8 51.6 of land Cultivable 9.0 18.4 of arable land Granted Rights* 0.5 1.1 of arable land 6 Pasture 61.3 69.0 of land 7 Permanent Pasture 35.5 57.9 of pasture HUMAN SETTLEMENTS of all land (23%)* 8 Urban Areas 1 9 Villages 22* TOTALS 213.2%? * authors computations based on an average of 20 sq km of land per village

Among other uses is conservation land (forests and rangelands). Again, the only way to make sense out of these figures is to imagine that conservation land is suitable for both crop and livestock agriculture. This notion is not possible as most conservation areas occupy arid and semi arid lands. Therefore, should conservation policy be built on using 69.6 percent of the territory, such policy would not be implementable and conflicts between all major users would prevail.

4. KILIMO KWANZA IN THE CONTEXT OF THE NATIONAL LAND POLICY

Land is the fifth pillar of Kilimo Kwanza. It is not clear whether or not it is chronological in significance or simply a central pillar midway between the ten or whether the numbering is in any strategic. It may not matter to the writers of the document but one point is clear there is no KK without land and hence the administration of land in Tanzania should be upheld as a starting point. This section will shed more light on the activities. It will also elaborate and

______8 Furaha N. Lugoe, Ph. D. Pillar No. 5 of Kilimo Kwanza point out what ought to be done for pillar 5 to really be supportive of the KK programme in a meaningful and effective way.

Included in this pillar are activities on: (i) legal and institutional reforms and human capacity building; (ii) speeding up access to agricultural lands; (iii) fast tracking adjudication and dispute resolution; (iv) land administration reforms; (v) urban agriculture as a part of urban planning; (vi) populating the land bank; and effective use of government owned lands. Table 3 below provides linkage between the Kilimo Kwanza activities and the objectives of the national land policy of 1995. A note on the NLP objectives that have not been taken on board KK is important for completeness sake. These are objectives: (i) 2.2 on customary land rights; (ii) 2.3 on land grabbing; (iii) 2.7 on land information management; and (iv) 2.8 on land resources degradation. It is noted that these four objectives are important in their own right if agricultural production is to be enhanced. Land to the tiller, as the saying goes, means village land titling and collateralization in Tanzania. It empowers the majority of small scale village farmers as recent issuance of certificates of village lands to over 55,000 villagers has shown.

Table 3: Linking Kilimo Kwanza to the NLP-1995 s/n Kilimo Kwanza Land Source of Activity in the NLP Comment Activity Objectives 1 Legal and Institutional 2.6 on streamlining institutional Reforms and human capacity arrangements for land building administration 2 Speeding up processes for 2.1 on equitable land distribution access to agricultural lands and access to all citizens 3 Fast tracking land 2.6 streamlining institutional adjudication and conflicts arrangements for settlement of over land disputes 4 Modification of land 2.5 on improving efficiency of land administration systems administration systems 5 Urban agriculture to be a part 2.4 on putting land to its most Watch out for conflicts of urban planning productive use with traditional uses of urban land 6 Populating the land bank silent4 7 Effective use of government 2.4 on putting land to most Farms and ranches in lands productive use particular and NOT conservation areas

Further, agriculture must be enhanced but, without endangering ecosystem health. Also land information is the more critical in such a gigantic programme. It is arguably important to recognize objective 2.3 on setting land ownership ceilings as perhaps one of the crucial NLP objectives requiring attention if ceilings are to be seen in a broader light of lower and upper ceilings on land holdings. The policy is narrowly understood as focusing on upper ceilings and hence the usage of the word “land grabbing” in the policy document. The strategic plan for the implementation of the land laws (SPILL) focuses on both ceilings (compared to the understanding of the words maximum and supremum in mathematics). The lower ceiling is

4 When the land policy was formulated the concept of investment promotion based on village lands was not considered and hence the land bank was not a part of it. This is underscored by the Village Land Act provisions on village lands to be directly accessed by citizens only

______9 Furaha N. Lugoe, Ph. D. Pillar No. 5 of Kilimo Kwanza crucial in the transformation of small scale to medium scale farmers and hence to higher production that goes in tandem with the KK programme. In the implementation of KK programme it is important that this concept be taken on board. Upper ceilings are important and necessary in preventing land shortages to small scale (or economically landless) farmers in village lands, particularly where land scarcity is an issue. The land distribution paradox discussed above is a pointer to land scarcity in Tanzania.

Lastly, the issue of land banking is important in land distribution, investment and support to higher production and productivity. It should however, be done with caution in order to prevent land concentration in a country of poor and infertile soils such as Tanzania. Land in Tanzania has been in great demand by some foreign investors for fuel switching policies that look at production of biofuels as a major strategy. Some biofuelists are seeking as many as 1 million ha in Tanzania (Mollel et al, 2007)5 for non-crop farming. There is also the issue of reducing emissions from deforestation and degradation (REDD) in Tanzania that seeks to prevent land use change around forests. Policy for REDD should be carefully drafted and adopted bearing in mind the country’s forest stock, the environment, economic growth and land availability, but most importantly the need to move people out of poverty.

5. LAND IN THE CONTEXT OF ALP-1997:

It is acknowledged that the ALP-1997 has so far been split into sub-sector policies. It is preferable to focus on the sector, so as to consider both crop and livestock agriculture and issues emanating there from in contextualization. The overall importance of the National Land Policy (NLP) of 1995 to the Agricultural and Livestock Policy (ALP) of 1997 and generally, to food production cannot be overemphasized. The ALP, in its overview, spells out four reasons for a need to review agricultural and livestock policies of the 1980s. The first two reasons are obvious and address the merging of agricultural and livestock policies of the time, on one hand and the transition from command to market economy on the other. One will note immediately that the remaining two reasons dwell on land policy reform including the environment. The ALP proceeds to state that; “Outdated traditions and instruments must be discarded….. in the light of the new challenging environment ushered in by the four fundamental factors. Thus stated the NLP was a major driving force for the review of policies pertaining to food production in 1997 (GoT, 1997). It seeks to enable peasant farmers and herders to use land as an economic platform.

Agricultural sector development policy and strategy support the implementation of the NLP of 1995 as it is highly dependent on land and landed resources such as water, forests, etc that have a far reaching effect on production. ALP-1997 and ASDS recognize the importance of tenure security to land management and financial resource availability. The two sectors are therefore closely linked in a very special way. Whereas land plays the role of a host to many sectors as a space for human production, Tanzania’s land use pattern is predominantly agricultural. It employs as many as four million peasant farmers, livestock keepers and their

5 There has been a marked upsurge in applications for land to TIC at the time when it became public knowledge that TIC has Land Bank parcels for delivery. In the upsurge some land seekers proved to be opportunists rather than genuine investors. This is confirmed by an application from one company that requested for one million hectares out of the 3.0 million hectares identified by TIC as vacant land countrywide.

______10 Furaha N. Lugoe, Ph. D. Pillar No. 5 of Kilimo Kwanza families. This is as much as 80 percent of the national population. Agriculture, and hence land is therefore the biggest employer in the country. Although the share of agriculture to the GDP is only 26.7 percent, it is the mainstay of rural and peri-urban livelihoods. Economic activities directly related to land resource utilization account for over 80% of the national GDP. It provides 95 percent of national food consumption and contributes 30 percent of exports and 65 percent of raw materials for local factories and industries.

The ALP-1997 accepts that the agricultural sector is the main user of land resources in the country and calls for the lands sector to ensure access and ownership of land for smallholder farmers so as to assist in the modernization of agriculture. It further agrees with the fundamental principles of the national land policy including statements on; vestment, land value, customary and statutory rights, land titling, and women’s land access. It also agrees and advances other land policy statements such as those on; village land zoning, urban agriculture, land use planning, mitigation of conflicting land uses, discouraging nomadic life styles and the protection of rangeland and arable land uses. Above all the ALP agrees that there is abundant land for expansion of agricultural and pastoral activities in spite of inadequate and poorly developed water resources that lead to poor livestock distribution and range degradation. Discussions in previous sections however call for a review of this statement on land abundance.

5.1. LAND IN THE CONTEXT OF ASDS

The agricultural sector development strategy (ASDS) sets strategies on how to attaining the goals of ALP-1997 or predecessor strategies to it. Mechanism of achieving the objectives of poverty reduction, according to the ASDS (section 1.1), will be through (GoT, 1999) “a rural development strategy (RDS) and a complementary Agricultural Sector Development Programme (ASDP). The RDS will cover the entire rural sector, including agriculture, non- farming economic activities, and economic and social infrastructures (URT, 2001). Comment is made here on key sections of the ASDS that can be accomplished through a re- examination of provisions in land policies, otherwise overlooked or marginalised in ASDS.

(i) Section 1.2 of the strategy states, in part, that “current estimates are that around 42% of households regularly have inadequate food. Localized food insecurity and hunger are common and reflect inadequate resource endowments at the household level.” It should be appreciated that the inadequate resources include easily accessed land for people living in nucleated and now, over populated rural settlements, called villages for lack of a better word. (ii) Section 2.1 provides some handy statistics for the evaluation of land abundance/scarcity (see Box). It states that “out of 50 million ha., suitable for livestock production only 26 million ha., or 50% is currently being used mainly due to tsetse infestation. Thus the country has a large untapped land resource but its utilization would require the development of physical infrastructure and eradication of tsetse flies.” Further, “despite this abundance of unutilized land, Tanzania agriculture is dominated by small scale subsistence farming. (iii) The major limitation on the size of land holdings and utilization is the heavy reliance on the hand hoe as the main cultivating tool.” It concludes that “this “hand-hoe syndrome” among Tanzanian smallholder farmers is both a cause and

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symptom of rural poverty. Given the generally abundant land supply, households’ capacity to maintain and increase their production through land expansion depends on the extent to which they can hire labour or use labour saving technologies … . An assumption has been made in the analysis that expansion of household land holding is easy and without impediment and that given labour and tractor technology and herbicides the sky is the limit and land is abundant. It may be recalled that the abundance of land discussed at the opening of the section is national but let it not be forgotten that many smallholder farmers wish to expand their smallholdings but cannot do that. One of the effects of villagisation programme was to bring villagers together mostly along roads so that the government could easily provide them with social services. The many villages that got involved have continued to increase in population. Also. the village lands are extensive yes, but unreachable on one’s feet for daily farm work. These drawbacks should be added to those stated in this section 2.1 and be resolved for higher production in KK to be realized. (iv) Under section 2.2 the ASDS laments with concern that “ the level of agricultural growth during the last decade is considered unsatisfactory because it has not been able to bring a significant number of the rural poor above the poverty line, “.. agriculture must grow much faster if rural poverty reduction is to become a reality in Tanzania.” Further, “the incentive structure (farm implements, pricing mechanism, etc) in the sector over the past decade has not encouraged growth or investment in the sector.” May be it is better to listen to what smallholder farmers themselves had to say as to what the starting point ought to be. In consultative meetings across the country in context of formulating the strategic plan for the implementation of the land laws (SPILL) in 2004/5 the outcry was on higher acreages per individual farmer from the 0.12 ha per capita stated in ASDS (Box) to at least 10 ha. Since such land cannot be found in the villages they beseeched the government to re-settle willing farmers to new areas in an organized and empowered manner. In other words, the smallholder farmers called for a reversal of the villagization process empowered by the government in the same way that villagization programme was empowered by the government of that time but, now with new goals of using the land to address poverty. Such intervention would also agree well with the assumption made in section 2.3.1 of the ASDS, on potential opportunity for expansion in farm production of most crops, livestock and livestock products. (v) ASDS recognizes in section 2.3.1 that access to “the unexploited natural resource base of 44 million ha., of arable land, 50 million ha., of rangeland hosting an abundance of surface and underground water and several agro-ecological zones” may be a binding constraint to the expansion and diversification of crop and livestock production. Constraint can be along two lines namely depletion for poor management of land and landed resources, or unavailability and inaccessibility to farmers and livestock keepers. Both aspects require a careful system of land administration. Good land management relies on granting land rights to known and able custodians and users of land. Land rights provide not only the right to use the land but to use it in a responsible manner. Conservation institutions should be given land rights and be vested with the responsibility of conserving the land and its ecosystems for the future generations. A

______12 Furaha N. Lugoe, Ph. D. Pillar No. 5 of Kilimo Kwanza

stagnant land administration system such as one that is denied of adequate finance and other resources could limit land delivery. If something is not done along these lines, the Village Land Act for example, could constrain land delivery in the 22 percent of this land mass of Tanzania (Table 2).

6. AGRICULTURAL SECTOR’S DEMANDS ON THE LANDS SECTOR:

Agricultural Sector Development Strategy’s (ASDS) biggest concern and linkage to the lands sector is about streamlining procedures for legal access to land. According to section 5.7 and 58 of ASDS, the concern is divided into the following three aspects, namely: (i) sensitization of the public on provisions of the new Land Acts; (ii) streamlining procedures for legal and physical access to land; (iii) monitoring the implementation of the Land Acts with a view of correcting any shortcomings that may become apparent; and (iv) undertaking surveys and demarcation of potential investment zones.

An attempt is made here to evaluate the gravity of this claim in context of the objectives of ASDS. It must however, be pointed out first that too much emphasis has been placed on procedures and the land laws rather than on reforms and the national land policy. Laws are hard to follow and interpret by the ordinary stakeholders in the absence of programmes of implementation of the NLP. Easier to follow are the unique and easy to follow 15 fundamental principles of the NLP and the land laws around which the land policy and laws are built.

On Sensitization: Some of the items that were implemented under the Ministry of Lands Action Plan for the new Land Laws, shortly upon enactment of the land Act No. 4 and Village Land Act No.5 of 1999 are those on sensitization in all form of media. This was a start in the sensitization process. More work has been done thereafter. But perhaps the most far-reaching undertaking has been awareness raised through the formulation process of the strategic plan for the implementation of the land laws (SPILL) and through the various pilot projects that have been designed by the Ministry of Lands, Housing and Human Settlement Development (MLHHSD) through local government authorities (LGA). However, these efforts are encumbered with land use conflicts and disputes occurring around the country. The damages inflicted on the lands sector in colonial and post-colonial periods are hard to reverse without well funded and targeted programmes on reversing mindsets.

On Streamlining Procedures for Access: It could do the nation and KK a lot of good if policy translated into laws could be left to guide action in matters of land. Besides the laws and related regulations, quasi-legal procedures and directives that circumvent the legal framework overburden the lands sector operations. Perhaps this was a part of concerns that prompted the Ministry of Agriculture to seek, through development partners, a formulation of a strategic plan for the implementation of the land laws

Decentralisation has been advocated in SPILL through: (i) a phased programme for the decentralisation of all land administration support services to the District level; (ii) hiving- off non-regulatory services from the sector Ministry to local government authorities; and (iii) setting up land boards to administer and manage land matters in the Districts. In SPILL,

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Land Administration Support Services (LASS) have been differentiated from land delivery services (LDS). The LASS includes authority to examine and approve town planning drawings, cadastral surveys, and valuation reports; signing certificates of title; undertaking title verifications, adjudications, transfers and transmissions; and keeping copies of land records, land-use plans and approved layout designs in a well-developed and maintained land information system, LIS. On the other hand LDS, to be provided by LGAs, include the design of settlement layouts, preparation of micro land use schemes, cadastral surveying, land development control, valuation of properties in villages and towns, land allocation, etc.

SPILL also takes a cautious approach to the decentralisation process, calling for great precaution to be taken to preserve the key aspect of all land administration services, namely record keeping i.e., once framed and approved land records must continue to be preserved for as long as possible and be accessed with the same authority stipulated in sectoror laws, so as not to disturb, damage or in any way undervalue the century old string of records of the sector. Misplacement and loss of land records is a prime source of chaos in land tenure systems that can only serve to fuel commotion in neighbourhoods and exert stress to the land and the economy. The Government is overly cautious with decentralizations. Recently, titling has been made easier with the posting of Assistant Commissioners of Lands in Zone Offices.

On Monitoring of Land Laws: There has however been an amendment to the Land Act No 4 of 1999. The amendment is criticized by stakeholders for reversing achievements of the NLP and new land laws with regard to common ownership, undeveloped (bare) land and notices with regard to mortgages, among others. The amendment is by far seen to favour the lenders in a mortgage and the civil society organisations have called for a re-examination of these clauses.

Some 39 District Land and Housing Tribunals (DLHT) have been established and/or strengthened over the past seven years. There is more access to courts now than in 1999 when land legislation and in 2002 when disputes courts legislation were enacted. In the eight years, 65,287 cases were filled, out of which 40,437 were determined ESRF,2010). A word of caution is however in order. Cases in court are also a reflection of increased disputes and no research has so far analyzed such situation.

Other laws were enacted in subsequent years to support the main legislations on land are: (i) the Town Planners (Registration) Act, No. 7 of 2007;(ii) The Land Use Planning Act No 6 of 2007 (CAP 116), (iii) The Urban Planning Act No. 8 of 2007, (iv) the Mortgage Finance Special Provisions Act of 2009, and (v) The Unit Titles Act of 2009.

On Demarcation and Surveys of Investment Areas: The Tanzania Investment Centre has maintained a land bank that is growing and land delivery to foreign investors is being accomplished through this mechanism. Records show that there were two hundred ninety six (296) parcels covering an area of 628,476.51 hectares identified for delivery through the land bank mechanism at TIC in 2004. In this list are land parcels, which are surveyed, have titles deeds, are free from impediments and in most cases they have infrastructure. Out of the

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296 land parcels, 67.53% were designated for farming and most of them are found in Tanga Region.

An analysis of data provided in the applications for land that have been lodged with the Tanzania Investment Centre suggests that the total number of applications, for the period 2004 – 2007, was 440. These applications required access to about 9.6 million hectares of land. Out of the 440 applications, TIC has been able to issue derivative titles to 13 applicants only which required 6920.4 ha of land. This implies that so far, TIC has served less than 1% of applications.

Table 4: TIC Registered Projects by Sector 1990- December 2006

Number Total Investment Total Investments S/No Sector of Projects in TZS Million in US $ Million Agriculture and 1 Livestock Development 275 1,757,879 2,343.84 2 Natural Resources 163 465,586 620.78 3 Tourism 880 1,748,885 2,331.85 4 Manufacturing 1,582 4,227,466 5,636.62 5 Petroleum & Mining 115 525,752 701.00 6 Construction 179 1,793,900 2,391.87 7 Commercial Building 265 1,958,625 2,611.50 8 Transportation 325 1,755,613 2,340.82 9 Services 162 798,597 1,064.80 10 Computer 19 13,140 17.52 11 Financial Institutions 59 1,434,605 1,912.81 12 Telecommunication 56 1,577,628 2,103.50 13 Energy 11 302,525 403.37 14 Human Resources 88 171,423 228.56 15 Economic Infrastructure 21 1,206,723 1,608.96 16 Broadcasting 9 244359 325.81 17 Geographical Development 1 535056 27,357.02 Total 4,210 20,517,762

Table 4 shows that there were 4210 investment projects registered with TIC in 2008. The annual registration average rate is about 270 new projects. Out of the 4210 projects, 3280 or 80% require ownership and large parcels of land. Therefore out of the 270 annually registered projects some 220 projects need allocation of land parcels. TIC estimates that only one-quarter (of the 220 projects), equivalent to 55 projects, of the serious investors can get land through the existing land delivery system per year (Mollel et al, 2007). The current land delivery system would therefore be able to satisfy only 810 (one-quarter of the 3280) of registered projects requiring large land parcels such as farms and ranches.

If to this number are added applications made directly through the Ministry of Lands or Local Government, then about 1000 projects per annum could be considered a rational estimate. Thence about 2280 will not be able to get land in the current situation. The land bank process is very slow. It is encumbered by the land acquisition process that includes compensation payments to affected parties. A 2008 study (Mollel and Lugoe, 2008) showed that a budget for a project to populate a land bank with parcels is 89.5 percent compensation

______15 Furaha N. Lugoe, Ph. D. Pillar No. 5 of Kilimo Kwanza money. In this regard donors and financiers are reluctant to be a party to projects of this kind unless the GoT can offer assurance of the compensation budget.

The drive for the survey of village boundaries that started in the 1980 and re-emphasized since adoption of the NLP in 1995 and the new land laws in 1999 is at an advanced stage. The record to date shows that all of the 10,107 registered villages have been surveyed. Out of this number 1,452 villages have been granted certificates of village land (CVL). This achievement is with the sponsorship of the European Union, World Bank, GTZ, LAMP, FARM Africa and under the Protection of Water Sources project (Ndemela, 2009). Land Registries are being built in villages that have received CVL. Further, only 57,500 village land parcels have been adjudicated, in all 113 Districts as follows: (i) Namtumbo District (6,000), (ii) Manyoni (2,000), (iii) Bariadi (15,000 in 34 villages), (iv) Babati (13,000), (v) Mbozi (20,000) and (vi) Iringa (1,500). This situation makes it difficult for villagers to twin up on their unregistered lands or obtain collateral to improve agriculture as issuance of CVL is a condition precedent for titling in village lands.

Land Management: Sections 6.6 and 6.7 of the ASDS are basically, sections on land management within rangelands and other land uses. It is acknowledged that productivity in the livestock sector and improvement in soil fertility will require redress to: (i) The use of dams and dips, etc. This is a very forward looking approach and one that addresses land use conflicts across villages and which have costed lives recently. (ii) Demarcating and allocating land to be used by pastoralists and agro-pastoralists is central to good land husbandry in village lands. It addresses trespass and other forms of land rights violations and leads to peace in villages. (iii) Sensitization of the land laws as has been addressed in this paper. (iv) Developing and institutionalizing a system for early warning of droughts and floods and impending fodder shortage for livestock. Shortage of common resources for livestock has been a major cause of conflict in recent years.

Generally speaking, conflicts and disputes are a response to market forces and scarcity of resources and access to these resources is reduced. At the village level resources such as communal pasture, water sources, woodlots supplying firewood or charcoal, good soils for burnt bricks, fishing ponds and rivers, are examples of communal resources. Major cases in point are the Kilosa, Loliondo and Usangu valley conflicts (Mung’ong’o, and Mwamfupe, 2003). Draught experienced countrywide causing dams to dry up in the past has had a big toll on livestock. Pastoralists had to migrate to where water and pasture are readily available seemingly, regardless of the land regulations.

Further, the ASDS calls for the preparation of comprehensive land use maps with district- by-district details including data on soils, soil fertility, water, precipitation, etc. It is not immediately known to what level of seriousness was this provision made. The preparation of land use maps is most involving in terms of skills, vastness of territory, institutions, and finances. Land use maps cannot be prepared unless the territory is endowed with good base maps with appropriate detail that can only be displayed on medium scale topographical maps. Tanzania does not have such maps save at medium scales besides the Y742 series that

______16 Furaha N. Lugoe, Ph. D. Pillar No. 5 of Kilimo Kwanza are mostly outdated and in dire need of revision. Further as discussed earlier, land suitability mapping is requisite to country planning to be complemented by the available land use and land cover small scale maps prepared under the AFRICOVER project.

7. POLICY AND STRATEGIC RECOMMENDATIONS:

The following is a check list of essentials to be taken into consideration by the land administration machinery in close collaboration with the agriculture and livestock sectors in order to improve on food production in Tanzania and the ideals of Kilimo Kwanza. (i) Guarantee the Security of Tenure or the Sanctity of Title to Land (ii) Issue Certificates of Occupancy in General and Village Lands (iii) Address the Occurrence of Conflicts known to be destructive to property and preventing land usage (iv) Curb all forms of trespass some of which breed tenure insecurity and lead to crop theft and land degradation (v) Attract medium-scale family-based farming businesses deemed to be most productive and effective to economic growth whilst mitigating land hoarding (vi) Provide access to financing schemes and mortgages using land as collateral (vii) Promote leasing of agricultural lands to allow unavoidable absenteeism on land whilst keeping the land productive (viii) Work towards providing re-settlement schemes for higher acreages to smallholder farmers as a measure in redressing the ill-effects of villagisation on land access. (ix) Provide funding to the Lands Sector Ministry that is appropriate to the interventions required. Needs assessment and funding of the lands sector as identified by SPILL and MKUKUTA studies stand at: 270.273 billion Shillings.

Summing up the symbiotic relationship between land policy and strategies and those of the agriculture and livestock sector the following policy and strategic recommendations are made: i. The paradox of land suitability quantification should be resolved so as to enable proper country planning and setting policies that are well grounded in statistics. This is perhaps the biggest challenge besetting policy making and implementation not only for agricultural based Kilimo Kwanza but also for all sectors that are land based. Discussions made earlier indicate that land is scarce when viewed in context of national needs, such as: (i) large number of peasant crop farmers whose outputs must grow for poverty reduction and economic growth; (ii) number of livestock keepers and their growing herds against scarce communal resource availability as a result of climate change; (iii) growth in mining ventures at both exploration and exploitation (mining) stages; (iv) conservation of natural resources, particularly forests and game in the context of ecological balance; and (v) infrastructure and human settlements as rural-urban migrations increase. ii. The focus of Kilimo Kwanza through Pillar 5 has left out of its consideration the question of land re-distribution to peasant farmers that can only be accomplished by setting minimum land holdings. This paper has argued that a real breakthrough in food production will come when land is re-distributed in such a way that smallholder

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peasants become a minority against the majority of medium scale farmers. Since also ASDS has acknowledged that the incentive mechanism in agriculture has not encouraged growth or investment in agriculture, larger farms will make a difference. Policy making has indirectly acknowledged the negative impacts of population concentrations of the villagization programme of the 1970s. In this regard, economic liberalization is not yet complete. Land re-distribution should be followed closely with titling to enable access to financial markets. iii. The question of Land Banking should be put out to an open debate. The debate should lead the way so as to include it in a revised national land policy where it is currently not provided for. There are many issues surrounding land parcel acquisition for the Land Bank including the qualifications6 of villages that should participate in land excision for the bank. Other issues include resource allocation and appropriate land uses. iv. The nine items in the checklist above should be addressed as national concerns in the interest of food production and other land based outputs in the economy. The strategic plan for the implementation of the land laws, SPILL, should proactively be put into implementation by drawing up a programme of implementation. v. The lands sector suffers from serious financing problems. The current budget for example, is only a fraction of the 20,000 plots project that has produced some 35,000 urban plots only. Many sector activities cannot be implemented for lack of resources and stakeholders and policy makers should be aware of this situation. It has been suggested in Mtatifikolo and Lugoe, (2006) that “Cross-sector linkages and synergies see the Lands Sector as an indispensable sector in all the land intensive sectors of the economy (agriculture, livestock, mining, infrastructural developments, etc) but receiving little in assistance.” Also a number of lands sector costing studies conducted recently have recommended sharing resources across sectors as done in 2005 with stabex fund used to prepare SPILL. This is so that the sector is availed more resources that will facilitate its national commitments and responsibilities. vi. The comments given in response to various statements, in ALP-1997 and ASDS in this paper have been made to assist the performance of Kilimo Kwanza programme pillar no. 5. Generally, the agriculture sector’s regulatory mechanism seems not to understand the real issues with respect to land tenure, land distribution and land use. Kilimo Kwanza should not be likewise affected. The agricultural sector needs to re- think its position and have a meaningful dialogue with the lands sector that will focus on national land audit, land reform, land administration and finance in the interest of KK. The two sectors should then draw up a plan of action that is well focused and facilitated.

6 Village land should only be included in a land bank where: (i) long term land use plans exist; (ii) projected growth has shown continued trend for abundant vacant land and; (iii) customary land has been adjudicated and entered into a register; (iv) villages hold certificates of village land (CVL); and (v) villages show the total acreage to be far above needs for the foreseeable future of at least 20 years. From Mollel et al, 2007

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8. Bibliography:

1. ESRF (2010) The Effectiveness of Public Policies – based on five sample policies. Report Submitted to the President’s Office Public Service Management. Dar Es Salaam. 2. ESRF (2006a). Needs Assessment and Costing for Implementation of MKUKUTA in Tanzania: Summary of Findings from the Agriculture, Water, Health, Roads and Energy Sectors. Ministry of Planning, Economy and Empowerment. Dar Es Salaam. 3. Fimbo, G. M. (2004) “Land Law Reforms in Tanzania.” Lecture Delivered in Commemoration of 60th Birthday” University of Dar Es Salaam. 4. GoT (1995). National Land Policy. Ministry of Lands, Housing & Urban Development. DSM. 5. GoT (1999). The Agricultural Sector Development Strategy, Government Press, DSM. 6. GoT (1997). The Agriculture and Livestock Policy for Tanzania. Government Press. DSM 7. GoT (2004) “Report on the Public Expenditure Review Study for the Lands Sector 2003/04”. Ministry of Lands, Housing and Human Settlement Development. D’ Salaam. 8. Government of Tanzania (GoT, 1999). Land Act No. 4 of 1999. Government Printer, DSM. 9. Government of Tanzania (GoT, 1999). Village Land Act No. 5 of (1999). Government Printer, Dar Es Salaam. 10. Government of Tanzania. (GoT, 2005). National Strategy for Growth and Reduction of Poverty (NSGRP). Vice President’s Office. Dar Es Salaam. 11. Lugoe, F. N. (2007). Tanzania’s Experience in Land Administration and Land Policy. The Guardian Series, June – August, 2007. www.ippmedia.com. 12. Lugoe, F. N., F. P. Mtatifikolo and T. Ostberg (2005). “Strategic Plan for the Implementation of the Land Laws (SPILL)”. Main Report, MLHHSD, Dar Es Salaam. 13. Lugoe, F. N., F. P. Mtatifikolo and T. Ostberg (2005). Investment Plan for SPILL. Final Report for SPILL, MLHHSD, 2005. 14. Mollel, L. L., F. N. Lugoe, L. Kivinge (2007) “ Land Bank for Investment Project – Appraisal of Prime Issues” Ministry of Lands, Housing and Human Settlements Development. Dar Es Salaam. 15. Mollel, L. L., F. N. Lugoe (2008) Land Bank for Investment Project - Further Analysis of Investor Applications for Land and the Development of a Costed and Demand Driven Action Plan. MLHHSD, Dar Es Salaam. 16. Mtatifikolo, F. P. and F. N. Lugoe (2006).‘Needs Assessment and Costing for the Implementation of MKUKUTA in Tanzania (Case Study of the Lands Sector). Final Report Submitted to ESRF/UNDP. Dar Es Salaam. 17. Mtatifikolo, F. P. and F. N. Lugoe (2007). “Activity Needs of the Lands Sector in Tanzania”. Proceedings, CASLE Conference on Sustainable Human Settlements for Economic and Social Development. Livingstone, Zambia. 18. Mung’ong’o, C. and D. Mwamfupe (2003). “Poverty and Changing Livelihoods of Migrant Maasai Pastoralists in Morogoro and Kilosa ”. Research Report No.03.5, REPOA. Mkuki and Nyota Publishers. Dar Es Salaam. 19. The UN Millennium Project (UNMP, 2005). Preparing National Strategies to Achieve the MDGs: A Handbook at [email protected] 20. The United Republic of Tanzania. (URT, 1999). The Tanzania Development Vision 2025. President’s Office, Planning Commission. Dar Es Salaam. 21. URT, (2001), Rural Development Strategy, Prime Ministers Office, Dar es Salaam. 22. World Bank (2003). “Land Policies for Growth and Poverty Reduction - A World Bank Policy Research Report.” Oxford University Press.

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