G8-Tanzania Land Transparency Partnership

G8-Tanzania Land Transparency Partnership June 15, 2013 1

Overview The combination of population growth, economic development and rising global demand for agricultural commodities has increased pressure on land for farming in parts of Tanzania in recent years. Urban expansion, the growing wealth of urban Tanzanians, East African regional integration and the rising number of international investors in agriculture will add to this demand while the prospects for increased climate volatility may reduce the productivity of farming on existing land. Despite positive progress in the current legal and policy framework, the land tenure system tends to discriminate against women and other disadvantaged groups, such as youths, because of traditional and customary norms and laws prevailing. Tanzania requires a more transparent, efficient and better resourced land sector to ensure that current and future demand for land leads to beneficial and equitable outcomes for rural populations, and continues to attract and support high quality investment. This Land Transparency Partnership brings together the Government of Tanzania, the G8 and other Development Partners, private sector and civil society to work together to meet this challenge. Guiding principles of the Partnership Agreement The Partnership Agreement: Builds on existing processes and activities in line with long-term government plans, with an emphasis on the activities or reforms that will achieve the change aimed for with greater transparency. Supports the implementation of the Voluntary Guidelines for Responsible Governance of Land Tenure (VGGTs) agreed by the Committee on World Food Security (CFS) in 2012 and the African Union s Framework and Guidelines on Land Policy, adopted in 2009. Respects the spirit of the Open Government Partnership to which the government of Tanzania signed up in September 2011. Follows the relevant principles of Tanzania s National Land Policy. Works within the existing legal framework of the Land Act, 1999, the Village Land Act, 1999, and the Courts (Land Disputes Settlements) Act, 2002 (Act No. 2). Context Benefits and risks of increased interest in land-based investment In a context where many African countries have struggled for years to attract significant and sustained investment in agriculture, the increased interest in investing in agriculture is welcome and is hoped to bring many benefits, including increased productivity and production, job opportunities and stimulated rural markets. By leveraging investments to provide local infrastructure and spill-over effects for smallholder farmers, large-scale investments are expected to yield tangible benefits for local communities and the wider public. However, the increase in large-scale land acquisition has sparked concerns about outcomes, particularly the distribution of risks generated as well as the impact on tenure security of existing land rights holders and users. Different stakeholders in Tanzania have recognised the need to ensure that making land available for investment does not undermine societal cohesion. The risk of undermining tenure security and generating negative impacts, including increased conflict and dispossession, is particularly high when the negotiation of acquisitions is not transparent, where investment is not well regulated, and when the roles and responsibilities of investors, governments and communities are unclear. Where deals do not involve free, prior and informed consent of the affected communities, they can lead to detrimental outcomes. In Tanzania, there is evidence of increasing conflict over land: between the state and the community, especially where land is expropriated or reserved; between communities and investors; within communities, particularly 2

between farmers and pastoralists, sparked by movement of pastoralists between different areas; and between individuals, particularly related to boundaries and inheritance. Tensions have also increased among communities living around reserved land areas such as national parks, catchment forests and wetlands. Land has long been known to be one of the sectors that are most affected by poor governance; without transparent checks and balances, the sector is prone to rent-seeking behaviour. Where there is limited capacity and guidance on how to provide services and regulate new investments, largescale land deals could contribute to higher levels of corruption and mismanagement in the sector. status of Tanzania s land administration system and implications Tanzania s legal framework for land is recognised as being progressive in the context of existing tenure regimes in Africa and provides the basis for greater tenure security of its citizens. However, in its current state, Tanzania s land administration system does not have the ability to meet the challenges of rapidly growing interest in agricultural land, particularly when combined with the urgent need to fully implement the provisions of its land laws (including the Village Land Act). This is compounded by a lack of transparency in, and awareness of, tenure conditions and procedures and of land governance. This has given rise to a number of issues that need to be addressed in order to deliver an equitable, transparent and sustainable land administration (see Annex 1 for summary). These include a lack of: Reliable data on land tenure status and land use. Until recently, the government had no comprehensive information about the amount of land allocated to large investors, 1 and the government and civil society in Tanzania have had no means of monitoring the overall impact of large-scale land-based investments. Around 90% of the land is not surveyed, there is little formal registration of land (an estimated 160,000 out of a potential eight million parcels have titles) and no comprehensive land title registry. The lack of clear, accessible and up-to-date information on who has land use rights can undermine tenure security, particularly for vulnerable groups, including women, and heighten the level of conflict and disputes. Information on land availability. There is a general lack of clear, reliable and accessible data relating to available and underutilised land suitable for agriculture and other activities due to the virtual absence of land use plans and underlying base maps. This increases the time needed for launching investment, and the social and economic risks associated with a project. Information on procedures for accessing land. Investors and other stakeholders are unclear on the timeframe and procedures for obtaining information on the status of title transfers. This increases the likelihood of project delay. Awareness of land policies and laws. In both rural and urban areas, most land users do not know about the National Land Policy or the laws and procedures related to land ownership, and development and dispute resolution. There is a low understanding of how long leases are valid for, and what happens to land when the lease expires. Government officials also suffer from incomplete knowledge of rules and procedures in the laws. Clarity on government department roles and responsibilities. The problems of lack of information on, and understanding of, the conditions and procedures for land tenure and allocation for investment are exacerbated by the lack of coordination between central and local government agencies, and overlapping roles of institutions in the land sector. 1 In 2012, the Ministry for Land launched an exercise to collect this information, which is still underway. 3

Overall, the lack of information on, and clarity and awareness of, land acquisition and dispute resolution procedures can lead to the presence of persistent land conflicts which overwhelm the capacity of the judicial system, undermining tenure security and investor confidence. Objectives The objective of this Land Transparency Partnership is to build transparency of land tenure conditions and procedures, and of land governance in Tanzania. 2 More specifically, the partnership aims to: Improve transparency and benefits of large-scale land deals; Promote investment that supports economic growth, poverty reduction and environmental sustainability; Enhance security of tenure 3 for all land holders in Tanzania, including women and other vulnerable groups; Increase the efficiency and effectiveness of land administration in Tanzania to deliver services; and Stimulate greater participation and consultation on land issues. Activities and milestones The Partnership Agreement includes three sequenced areas of activities: Immediate enhancing transparency and benefits of large-scale land deals; Short-medium term policy and institutional development; and Longer term land tenure regularisation. These will be accompanied by two sets of cross-cutting and on-going activities focused on promoting consultation and oversight of the reforms in the land sector, and raising awareness of roles, responsibilities and procedures among central and local government officials, investors and villagers (see Annex 2 and Annex 3). The priority activities in the first 12 months of the Partnership will be for the Government of Tanzania to complete a public registry of all land allocated to foreign companies or owned by domestic companies, identifying: name of company; origin of investor; size of allocated land; location of investment and terms of the lease agreement. Publication will begin by December 2013. An important step in the first 12 months in confirming what information should be collected and made public will be to establish a multi-stakeholder forum representing government, civil society and the private sector; this should adequately reflect the interests of disadvantaged groups, including women and youth. While these activities can be initiated immediately, the main vehicle for implementing activities in the short, medium and longer term will be a Land Tenure Unit. The Government of Tanzania, with participating development partners, will establish a Land Tenure Unit in the first 12 months that will be tasked with the following: 2 Governance is defined here as the process of making and implementing the decisions that lead to the conditions and procedures established. 3 Broadly speaking, a property right is secure when the right holder perceives it to be stable and predictable over a reasonable period of time and protected from expropriation or arbitrary change, with claims that are backed up by some type of authority. Security typically implies the ability to appropriate benefits arising from a particular property right. 4

Facilitate the collection of all data relating to current and future land investments in Tanzania, agree on information to be published and create the mechanism for maintaining this information live and making the information available to the public. Provide on-demand advice on evolving land policy in Tanzania with immediate focus on improving transparency, increasing investor confidence and developing models for benefit sharing, ensuring that attention is paid to vulnerable groups, including women and the youth. Create a road map coordinating and building on all current and planned land-related activities that defines the actions and institutional architecture necessary to implement current legislation on a national scale within a compressed timeframe, and confirms the resources needed to implement it. The road map will be completed by June 2014. Mobilise additional resources needed to deliver long-term activities, including for more surveying, mapping and titling. Establish a long-term and operational multi-stakeholder forum for consultation and oversight in the design and implementation of the road map and input into policy dialogue. Raise awareness of different stakeholders and groups involved in the land sector of their rights, roles and responsibilities. Expected outcomes and indicators of success These activities are expected to deliver the following outcomes: Better deals for the government and citizens of Tanzania, with a higher level of benefits, measured through the levels of employment created, revenue flows to local farmers and government, and mean household income in the project area; Higher levels of good quality investment, measured through the level of investment realised; Reduced levels of conflict over land, as indicated by the number and length of disputes over land in the courts (taking into account the capacity of the courts to process disputes); and More efficient delivery of land administration services to clients; this can be measured through the quality of services and improvement in service delivery. Monitoring and review The Land Tenure Unit will establish a monitoring framework; the G8 members, the Government of Tanzania and other stakeholders commit to review annually their progress against objectives. Programmes and future commitments supporting the Partnership This Land Transparency Partnership brings together the Government of Tanzania, the G8 and other Development Partners, private sector and civil society to work together to support Tanzania s efforts to increase transparency in its land sector and work towards the goals of the Land Transparency Partnership in a flexible manner. The cost of implementing the full Partnership over the longer term is significant. The Partnership will build on existing initiatives and available funds but will require additional funds to fully implement it in the longer term. programmes and future commitments that support this are summarised below. Annex 4 provides more details of current partner activities. UK (2013 G8 Summit Lead) The UK is developing a new programme of support to the land sector based on the Land Transparency Partnership with a longer-term commitment to investing in land reform and efficient delivery of services. DfID has the equivalent of US$7.6 million available for the first two years with a further intention to scale up support sufficiently to enable full national-level regularisation of land tenure. 5

The European Union The EU actively supported the negotiations of the Voluntary Guidelines on the Responsible Governance of Tenure and its promotion by the FAO and its specialised institutions. The EU is also supporting the Land Policy Initiative led by the African Union and locally-driven efforts on securing land tenure for rural households. In Tanzania, the EU has helped successful grass-root initiatives to promote access to land, particularly by vulnerable farmer groups and women. The EU is prepared to consider, jointly with the Government of Tanzania, G8 partners and other Development Partners, further support to strengthen land governance systems in Tanzania. This could be achieved under the National Indicative Programme of the 11th European Development Fund (2014-20) and under EU thematic instruments of cooperation and future initiatives at continental and regional level. Finland Finland has committed US$52 million in funding for four programmes on improving tenure security and governance in Tanzania s land sector between 2010 and 2017. Programmes on land tenure currently operate in three regions of Tanzania, including Zanzibar, and Finland also supports a forest resource monitoring project for the whole country. Programme activities include improving land administration systems, issuing of land certificates for villages, and awareness-raising. Finland is prepared to coordinate its activities in the land sector with G8 country and other partners initiatives in Tanzania. Sweden Land tenure security is one of the results aimed for in the new seven-year strategy for Swedish development cooperation in Tanzania recently decided by the Swedish Government. Sweden will hence start programming for land reform-related support and sees a major opportunity in linking it to the Partnership. Sweden will look for joint programming opportunities and endorses increased coordination efforts in the land sector. Sweden also promotes the use of the Voluntary Guidelines. An MoU was signed in November 2012 between the Ministry of Lands, Housing and Human Settlements and the Swedish Mapping, Cadastre and Land Registration Authority (Lantmäteriet) to develop a twinning arrangement for capacity building and training. World Bank The World Bank has spent US$20 million over the last five years strengthening land administration systems. Funded activities included: the improvement of land registration and design of a computerised land records system; the improvement of land survey and mapping infrastructure, including the establishment of a new geodetic network; survey and issuance of Certificates of Village Land across 15 districts and Certificates of Customary Rights of Occupancy (CCRO) in two pilot districts; and strengthening of land and housing tribunals. Plans are underway to continue the strengthening of land administration systems and land use planning with approximately US$26 million of additional financing. USA The USA has supported Tanzania s land sector through the Feed the programme and continues to provide support through technical assistance, for example, on models for benefit sharing. Concern Worldwide Concern has been working for the last three years to increase the number of people with legally recognised land tenure in five districts around Tanzania. Activities include: supporting the development of village land use plans; surveying and demarcation of individual land parcels; processing of CCROs; strengthening district land registries; establishing land tribunals and committees; and raising awareness of land legislation, Concern has committed US$779,000 until 2015. Concern will share information and coordinate its activities in the land sector with G8 countries and other partners initiatives in Tanzania. 6

Annex 1: Summary of Issues in Tanzania s Land Sector Context Pressure on land Interest in land-based investment Conflict over land Problem Lack of transparency and awareness of tenure conditions and procedures, and land governance Weak land administration capacity for increased level of demand for services 1. Information on: - Land tenure status and land use - Land availability - Procedures for accessing land 2. Awareness of: - Land policies - Laws 3. Clarity on roles and responsibilities of: - Government depts - Investors - Communities Impacts 1. Weak tenure security 2. Increased land conflicts & social tension 3. Reduced investor confidence 7

Annex 2: Key Areas of Intervention in Tanzania s Land Transparency Partnership Objective: To achieve transparency of land tenure conditions and procedures, and of land governance Sequencing Land Tenure Unit 1. Transparency and Benefits of Land Deals 2. Policy and Institutional Development 3. Regularisation of Land Tenure Intervention areas (3) Build on existing programmes and initiatives - SPILL - ILMIS - BEST a. Publish data on land allocated b. Identify and publish models for greater benefits from land deals c. Clarify and formalise roles and responsibilities of investors, governments and villages. d. Clarify procedures for land acquisition/transfer a. Promote debate on current legislation and policy evolution b. Undertake Institutional mapping c. Strengthen dispute resolution system a. Conduct surveying and mapping b. Undertake strengthened Participatory Land Use Planning c. Undertake accelerated titling d. Establish coordinated land registry Specific and time-bound activities - BIG RESULTS NOW - New Alliance Participation and consultation Building capacity and raising awareness Crosscutting and on-going activities Reduced conflict over land More efficient land administration Reduced social tension Better deals More investment 8

Annex 3: Proposed Activities under Tanzania s Land Transparency Partnership The immediate purpose of the land tenure unit is to deliver a fully operational programme supported by participating development partners, civil society and private sector that will: Identify gaps in current evidence on land tenure security and the nature of disputes. Review methodology for participatory land use planning to allow accelerated land tenure regularisation while safeguarding existing land rights. Promote informed and on-going debate on current legislation and policy evolution involving all key stakeholders to identify any needs for review. This should be done in an age and gender-sensitive manner, ensuring that the legal and policy framework is age and gender neutral (e.g., the Inheritance and Marriage Laws; protection of the land rights of orphaned children, youths and old people). Undertake institutional mapping to clarify the roles and responsibilities of different government institutions at national and district level. Publish data on existing and future large-scale land deals in Tanzania, and as part of a global land transparency initiative, defining the stages at which information on land deals (from initial enquiry through to title transfer and investment authorisation) will be disclosed publicly, and what is the scope for incorporating views from other stakeholders. Information to be disclosed publicly will include: name of company; provenance of investor; size of allocated land; location of investment and restrictions on the nature of investment and subsequent land transfers. Undertake accelerated titling (COs, CCROs and GROs) underpinned by surveying and mapping to support the participatory land use planning process and identify land for investment. This might be carried out using a sequenced approach, beginning with the main hotspots in Tanzania where land is under the most pressure, either for investment needs or characterised by a high level of disputes. Establish a well-functioning and coordinated land registry based on the Integrated Land Management Information System (ILMIS), currently under design and help build an effective land administration system to maintain up-to-date titling information. Provide further information on the process for large-scale land acquisition in Tanzania, providing guidance for investors of the procedures for issuing title, and provide information on expected timeframe for procedures. Strengthen the capacity and capabilities of Land Allocation Committees at District and the National Level. Agree and provide guidance to investors and local government on the roles and responsibilities of investors towards local communities. This includes promoting models to enhance benefit-sharing and clarifying the expectations that investors and communities should have for benefit-sharing from investment and would be provided prior to deals being finalised. Land for Equity deals will be encouraged as appropriate. Provide information to local communities on their rights and responsibilities with respect to investing companies. This is to be provided prior to deals being finalised, and be part of informing communities prior to their giving consent for the investment. Define responsibilities for monitoring the implementation of investments, and inform communities and investors of complaints and dispute resolution mechanisms. 9

Annex 4: Partner Partner Description World Bank Programmes The World Bank has spent US$20 million over the last five years strengthening land administration systems, including the improvement of land registration and design of a computerized land records system; the improvement of land survey and mapping infrastructure including the establishment of a new geodetic network; survey and issuance of Certificates of Village Land (across 15 districts)and Certificates of Customary Rights of Occupancy (in two pilot districts), strengthening of land and housing tribunals. Plans are underway to continue the strengthening of land administration systems and land use planning with approximately US$26 million of additional financing from two projects. DFID Programmes Support to Government of Tanzania on analysing prospects for Land for Equity Scheme. Direct support to implementing the Land Transparency Partnership. DfID has US$7.6 million available for the first two years with a further intention to scale up support sufficiently to enable full national-level regularisation. Programmes Support to Government of Tanzania on analysing prospects for Land for Equity Scheme. SIDA Land tenure security is one of the results aimed for in the new seven-year results strategy for Swedish development cooperation in Tanzania recently decided by the Swedish Government. Sweden will hence start programming for land reform related support and see a major opportunity in linking it to the partnership. Sweden will look for joint programming opportunities and endorses increased coordination efforts in the sector. Sweden also promotes the use of the Voluntary Guidelines. An MoU has been signed in November 2012 between the Ministry of Lands, Housing and Human Settlements and the Swedish Mapping, Cadastre and Land Registration Authority (Lantmäteriet) to develop a twinning arrangement for capacity building and training. USAID Programmes The USA has supported Tanzania s land sector through the Feed the programme and continues to provide support through technical assistance, for example, on models for benefit sharing. n.a. 10

Partner Description EU Programmes The EU is one of the main donors of the Land Policy Initiative led by the African Union (US$ 11.6 million) with a focus on capacity development, and knowledge sharing for land policy development. In Tanzania, the EU has supported work at grass roots level and districts level to secure land rights particularly by vulnerable farmer groups and women, resulting in more than 8,000 Certificates of Customary Rights of Occupancy (CCROs) issued at the household level. An additional 6000 CCROs are expected to be issued as a result of the current phase of support (2013-15) implemented through NGOs in cooperation with CSOs and district level authorities. The EU is prepared to consider, jointly with the Government of Tanzania, G8 partners and other Development Partners, further support to strengthen land governance systems in the country. This could be achieved under the National Indicative Programme of the 11th European Development Fund (2014-20) and under EU thematic instruments of cooperation and future initiatives at continental and regional level. Finland Programmes FINIDA supports four programmes in Tanzania's land sector. 1. Sustainable Management of Land and Environment (SMOLE, Zanzibar). This programme has the following activities: capacity building of departments, finalisation of land use planning policy, development of land policy, land information system including surveying and registration (70,000 plots by December 2014), development of a lease database; generation of environmental data, surveying and demarcation of district boundaries and national spatial development strategy. Funding for this programme is US$ 11.8 million for 2010-14. Implementation is carried out by MLHWE, MANR, VPO and a consultancy agency. 2. Lindi and Mtwara Agribusiness Support (LIMAS). This programme has the following activities: information campaigns by Hakiardhi in 24 villages, wards and district councils on land rights and use of participatory land use planning (PLUP), capacity building at district, land-use planning (including demarcation) in 24 villages in Liwale district and five villages in Newala district. Also, the project has piloted the use of satellite imagery, GIS application, biodiversity information, early warning (flooding) information in PLUP. It has also supported the processing of village land certificates. Funding for the programme is US$ 9.2 million for 2010-2014. 3. Private Forestry Value Chains in Southern Highlands and Kilombero. Activities for this programme include issuing village land certificates, improving the participatory Village land use planning (VLUP) process by making it more efficient and improving inclusivity, integrating biodiversity considerations, building capacity of VLUP facilitators (District staff and external facilitators), and raising awareness among the communities of the importance and implementation of VLUP and on land rights; VLUPs will be prepared in all villages where Tree Growers Associations are established (approximately 60-80 TGAs). Funding for the programme is US$ 26.2 million for 2013-2017. Implementation will be carried out by districts, National Land Use Planning Commission (NLUPC), and a consultancy agency. 4. National Forest Resource Monitoring and Assessment (NAFORMA). Activities include a forest inventory for the whole country, creating Land Use Land Cover Maps (using Landsat Thematic Mapper (TF5) images data 2009-11 and Google Earth images supplemented with ground truthing. Funding for the programme is US$5.2 million for 2009-2014. The programme is implemented by the Tanzania Forestry Service assisted by FAO. 11

Partner Description Concern International Programme None yet. Concern is spending US$779,000 working to increase the percentage of target population with legal recognised form of land tenure in five districts (until 2015. This has involved raising awareness of land laws, surveying and demarcating individual land parcels, strengthening district land registries, issuing CCROs and formation and training of land tribunals & committees. None yet. 12