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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Land Tenure Reform in Tanzania: Legal Problems and Perspectives
Author:Coldham, SimonISNI
Year:1995
Periodical:Journal of Modern African Studies
Volume:33
Issue:2
Period:June
Pages:227-242
Language:English
Geographic term:Tanzania
Subjects:villagization
customary law
land law
land reform
Law, Human Rights and Violence
Agriculture, Natural Resources and the Environment
Politics and Government
External link:https://www.jstor.org/stable/161454
Abstract:In January 1991 President Ali Hassan Mwinyi of Tanzania appointed a Commission of Inquiry into Land Matters. It was mandated not only to review laws and policies concerning the allocation, tenure, use, and development of land, and to make recommendations for reform, but also to examine the nature of the disputes that had arisen in the process, and to propose measures for their solution. The Commission submitted its report in November 1992 in two volumes, the first dealing with land policy and tenure, and the second with selected land disputes. This article reviews a number of legal problems that arose out of Tanzania's villagization policy, and examines the Commission's proposed solutions, together with the initial reactions of the government. It concentrates on four issues, viz. the dual or multiple system of land tenure, the machinery for settling land disputes, the failure to provide a legal framework defining the land rights of both villages and villagers, and preexisting rights. The article concludes that the prescriptions of the Commission are coherent, comprehensive, and practical, and derive from direct experience of land issues in the countryside. The government's initial response, however, does not suggest that the proposals will be acted upon. Notes, ref.
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