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CURRENT ISSUES ON LAND/FOREST RELATED INVESTMENT IN TANZANIA October, 2014
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Page 1: Tanzania Natural Resource Forum (TNRF) - …...CURRENT ISSUES ON LAND/FOREST RELATED INVESTMENT IN TANZANIA ii 5.3 Land Acquisition and Investments Information 21 5.4 Land Ownership

CURRENT ISSUES ON LAND/FOREST RELATED INVESTMENT IN TANZANIA

October, 2014

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Table of Contents

Table of Contents iAbbreviations and Acronyms iiiAcknowledgement 1Executive Summary 21. INTRODUCTION 4

1.1 Background 41.2 Objectives of the study 4

2. METHODOLOGY 53. REVIEW AND SYNTHESIS OF ISSUES ON LAND AND FOREST INVESTMENTS 6

3.1 Opportunities Related to Land and Forest Investments 63.1.1 Forest land and resources 63.1.2 Institutions and governance 63.1.3 Participation of the Private sector and Civil Society Organizations 73.1.4 Enabling conditions 83.2 Current Issues Related to Land and Forest Investments 83.2.1 The Broader Policy and Institutional Issues 83.2.2 Issues on forest land management in villages/village lands 123.2.3 Enabling conditions 153.2.4 Markets 16

4. KEY LINKAGES AND IMPACTS OF FOREST RELATED ENTERPRISE TO LAND RIGHTS 17

4.1 Linkages of Forest related enterprises to land rights 174.2 Key forest related impacts to land rights 17

5. RECOMMENDATIONS ON INTERVENTIONS AND ENTRY POINTS 19

5.1 Enabling Land laws and Tenure: Addressing the gaps 195.2 Sustainable and Smart Land/Forest Investment Promotion 20

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5.3 Land Acquisition and Investments Information 215.4 Land Ownership and Governance 225.5 Sustaining Community Based Natural Resource Management 22

6. CONCLUSION 24References 25Reviewed documents 26Matrix I: Opportunities Related to Land and Forest Investments 27Matrix II: Current Issues/challenges Related to Land and Forest Investments 28Matrix III Linkages and Impacts of Forest related Enterprise to Land rights 31Matrix IV: Recommended Interventions and Entry points for TNRF 32

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List of BoxesBox 1: Main opportunities related to Forest land and resources and governanceBox 2: Opportunities related to Enabling conditionsBox 3: Land acquisition and investment challenges: The Bioenergy CaseBox 4: Investments in the Wildlife Management Area (WMAs): Challenges of creating enabling mechanismsBox 5: Relevant Priority Strategies in the TNRF Strategic PlanBox 6: Recommendations and entry point on Enabling Land laws and tenure securityBox 7: Recommendations and entry point on Sustainable and Smart Land/ Forest Investment PromotionBox 8: Recommendations and entry point on Land Acquisition and Investments InformationBox 9: Recommendations and entry point on Land Ownership and GovernanceBox 10: Recommendations and entry point on Sustaining Community Based Natural Resource Management

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Abbreviations and Acronyms

BMUs Beach Management Units CBNRM Community Based Natural Resources Management CCROs CertificateofCustomaryRightsofOccupancyCDM Clean Development Mechanism HAKIARDHI/LARRRI Land Rights Research and Resources InstituteJFM Joint Forest Management LGAs Local Government Authorities MAFSC Ministry of Agriculture, Food Security and Cooperatives MMC Mama Misitu CampaignMNRT Ministry of Natural Resources and Tourism MoLHSD Ministry of Lands, Housing and Settlements Development NFP National Forest Programme PFM Participatory Forest Management PMO–RALG PrimeMinisters’Office-RegionalAdministrationand Local GovernmentsPPP Public Private Partnership REDD+ Reduced emission from deforestation and forest degradation SAGCOT Southern Agricultural Growth Corridor of TanzaniaSEA Strategic Environment Assessment SFM Sustainable Forest ManagementTFS Tanzania Forest Service TIC Tanzania Investment Centre TNRF Tanzania Natural Resources Forum TRA Tanzania Revenue Authority VLUP Village Land Use PlanningVNRC Village Natural Resources Committees WMAs Wildlife Management Areas WUAs Water Users Associations WWF-CEAI WorldWideFundforNature–CoastalEastAfrica Initiative

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Acknowledgement

This report is a result of an initiative led by the Tanzania Natural Resource Forum (TNRF)inpartnershipwiththeWorldWideFundforNature-CoastalEastAfricaInitiative(WWF-CEAI)andtheLandRightsResearchandResourcesInstitute(LARRRI/HAKIARDHI). The impetus to this report came as a need by TNRF and its partners to identify issues on land/forest related investment in Tanzania and using such information to advance initiatives in mitigating land and natural resources related conflicts in Tanzania. TNRF acknowledges the generoussupport of WWF Tanzania, WWF Finland and the Ministry for Foreign Affairs of Finlandinsupportingalong-termprogrammeonmitigatinglandconflictsandaddressing responsible investment. Much gratitude goes to the consultant Stephen Mariki who undertook this study and to contributors: JosephOlila -TNRFExecutiveDirector;Cassian Sianga-TNRFSeniorForestProgrammeOfficer;GeofreyMwanjela-WWFCoastalEastAfricaInitiativeandGwamakaMwakyanjala-MamaMisituCampaignManager.TNRF acknowledges technical input received from Kahana Lukumbuzya, Dr. Prosper Ngowi and Dr. Rugemeleza Nshala who had served as consultants in various assignments related to this work. Information generated from their studies was critical and had immense contribution for this assignment. Last but not least, TNRF would like to recognize the support provided by other people in their different capacities within TNRF, Mama Misitu Campaign and the CBNRM programmes in accomplishment of this assignment.

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Executive Summary

This scoping study was commissioned to identify issues on land/forest related investment in Tanzania as part of a strategic engagement between Tanzania Natural Resource Forum (TNRF), HAKIARDHI/ LARRRI and the World Wide FundforNature–CoastalEastAfricaInitiative(WWF-CEAI).Theseorganizationsare working on a partnership initiative to identify existing channels, challenges andopportunitiesformitigatinglandandnaturalresourcesrelatedconflictsinTanzania.Thisinitiativeisalsoaimedatfindingsuitablemeansthatcanpromotesmartland-basedinvestmentpracticesinTanzania.Specifically,thisstudywascommissioned to identify necessary interventions and point of entry for TNRF in relation to this partnership and its priority strategic areas.

A preparatory phase which is a collaborative work between TNRF and the Mama Misitu Campaign (MMC) involved a scoping exercise in Kibaha, Kilwa and Handeni Districts during October/November 2013 to identify opportunities and challenges in forest and related products trade in the chain of harvesting to export. This study involved review of various documents on land and forest governance and related investments.

Land based investments include Community Based Natural Resources Management (CBNRM) models as well as the large, medium and long term private investments under different lease arrangements. The investments require land security, supportive policy and legal frameworks and the respective enabling environment. The investments also involve different stakeholders including government agencies and institutions mandated on land and forest resources management, as well as the Local Government Authorities, communities and the private sector.

Keyopportunitiesrelatedtoland/forestinvestmentsthatwereidentifiedincludeexistence of forest resources under different management categories, laws and regulations governing land and forest management and respective institutions. Others are, existence of transport infrastructure necessary for connecting the supply and markets, availability of the necessary technology for processing of various products and markets both local and export.

The challenges noted encompass absence of transparency in the land acquisitionandinvestmentprocesses,inadequatesecurityoftenure,conflictingpolicies, capacity limitations in enforcement of regulatory frameworks, weak land governance and administration, limited village level capacity in land management and inadequate knowledge and information for informed forest and land investment. These are vast and critical areas that touch on TNRF and the partners’ priorities in their pursuit to mitigate land and natural resources relatedconflictsandfindingappropriatemeansthatcanpromotesmartland-

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based investment practices. Institutional challenges for TNRF and its partners wouldinclude;capacitybothhumanandfinancialresourcestoimplementtheidentifiedinterventions,accesstoinformationmanagedheldbyvarioussectorsand institutions and lengthy processes involved in developing policies and legal frameworks. Sustainable and smart land/forest investment comes with challenges of building partnerships, coordination of relevant sectors, absence of land based incentives and uncoordinated mechanisms between institutions especially for long term investments. Most CBNRM models are on pilot stage where respective natural resources ownership is not fully devolved and their benefitsincludingfinancialreturnsarentsustainableasyet.Theprocessingofforest products faces challenges related to access to appropriate technology, reliability of raw materials supply and weaknesses in enforcement of respective regulations. Markets are met with challenges related to capacity to enforce respective regulations including taxation and fees systems, bureaucracy in integrity on the part of those trusted with key responsibilities such as manning control/check points and lack of business/entrepreneurial capacity especially for the small and medium investors.

Forest related enterprises including wood and non-timber products involvethe official forest business traded in themore formalmarkets and requiringformalization of such business, while the non-timber enterprise serve assubsistence supplies that contribute largely to household level livelihoods and incomeswheremostaretradedinlocalandinformalmarkets.Thenon-woodcomponents have also been used as a conservation strategy for sustainable forest management in the decentralized forest management arrangements.

Investments in forest including establishment of plantation forests require access to and land ownership rights to secure such investments. Long term investments are feasible where land rights and tenure security are guaranteed. Forest related enterprises at local level depend on communities having access to forest lands, clearly established benefits including credible partnershipsin investments on their land. Where such arrangements are established, communities have seen the need to secure forests in their village lands through establishment of village land forest reserves and also entering into management agreements with Forest authorities.

Forest related impacts to land rights range from the direct ones including landownershipbasedonlandspeculationforenvisagedbenefits,futurelanduses and protection to secure land and forests for the essential products and services. Indirect impacts comprise of shifting land use patterns as a result of shrinking available land as a result of population growth, expanding and emerging land uses such as protected areas. Examples include establishment of large forest plantations that transfers land ownership rights from small holder communities to the large, more commercial private plantations under lease holds and establishment of forest/wildlife reserves. Impacts entail limitation of

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community access to such lands even when the envisaged investments have not progressed on the anticipated commercial levels or some lands remain abandoned. Some of the recent developments that have encouraged acquisition and management of forest land include the Clean Development Mechanism (CDM) and the initiative for reduced emission from deforestation and forest degradation (REDD+). These provide opportunities for broadened incomes for forestownersandbenefitfromfinancialmechanismsandtheenvisagedcarbonmarkets.

Degradation of forest and agriculture lands as a result of shifting cultivation, clearance of forest for pasture/grazing land, forest fires and droughts haveamong others, contributed to land use shifts. Increasing forest degradation has prompted expansion of forest land under various forms of management ranging from private ownership, villages/community and central government forest reserves. This expansion of protected forest land or establishment of forests serves to secure the forest for the necessary products and services, denies such lands being available for alternative uses and therefore limiting access and rights by other users. The challenge here include clarity on the economics of the best land use, absence of long term investment plans based on national priorities.

Key interventionsandentrypoints forTNRFwithrespect to its5-Year(2012-2016) Strategic plan include stakeholders engagement by strengthening dialoguesatnationalandlocallevelsthroughbroadandsectorspecificforumsandplatforms;contributiontopoliciesdevelopmentusingbestpracticesandlessons learned from various national and global models. To inform investments, TNRF could facilitate knowledge and information generation and sharing on land availability, acquisition, ownership and rights with respective tools and legal frameworks. The land acquisition and investments area will entail facilitating coordination mechanism between relevant sectors. On tenure and land ownership, entry points would include facilitating granting of ownership and functioning of land governance institutions. With Community Based Natural Resource Management models being cherished as appropriate investments for community natural resources, strengthening community ownership and security of tenure will add value to TNRF’s long engagement in this work. In partnership with CSOs, TNRF could lobby for the review and advocate for Villagelandsecurity;sharinganddomesticationoflessonsandbestpracticesfrom other countries with similar attributes. Acknowledging the increasing landdemand,promotingsmartland-basedinvestmentwouldservetoreducedubious investments based on land speculation and do away with concepts of “land grabbing” by building partnerships.

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INTRODUCTION

1.1 BackgroundThe Tanzania Natural Resources Forum (TNRF), Land Rights Research and Resources Institute (LARRRI/HAKIARDHI)1 and the World Wide FundforNature–CoastalEastAfricaInitiative(WWF-CEAI)2 are working on a partnership initiative to identify existing channels, challenges and opportunitiesformitigatinglandandnaturalresourcesrelatedconflictsin Tanzania. This is a strategic engagement for the three organizations aimed at generating mutual understanding of priorities and challenges related to land and natural resources conflicts in Tanzania throughidentificationoftheexistingandpossiblechannelsinmitigatinglandandresourcesconflictsarisingfrominvestments.Italsoaimsatidentifyingapproachesandinterventionsthatwill leadtomitigatingconflictsandpromoting best practices related to land and forests investment. As a preparatory phase, TNRF in collaboration with Mama Misitu Campaign carried out a scoping exercise in Kibaha, Kilwa and Handeni Districts in October/November 2013 to identify opportunities and challenges in forest and related products trade in the whole chain of harvestingtoexporting.Thisscopingstudycomplementsthefindingsand builds on other ongoing initiatives especially the land-basedinvestment and CBRNM within TNRF Strategy to add value to the current Strategy(2012-2016).

1.2 Objectives of the studyThe overall objective of the scoping study was to identify existing channels, challenges and opportunities for mitigating land and natural resourcesrelatedconflicts inTanzaniaat theNational levelbasedoncase studies done in Kibaha, Kilwa and Handeni Districts of Tanzania. Specificobjectiveswereto:a) Identify current issues and opportunities related to land/forest

investments that TNRF may engage with.b) Identify key linkages and impacts of the forest related enterprise to

landrightsinthetargetdistrict;andc) Identify the necessary interventions and point of entry for TNRF that

builds from the initiatives by the current Community Based Natural Resources Management (CBNRM) forum and Participatory Land Use Platforms.

1 The LARRRI/HAKIARDHI is a Tanzanian national level non-governmental organization established inrecognition of the need to generate and sustain public debates, and participation on land tenure issues in the rural areas.

2 WWF-CEAIisworkingtoconservetheCoastalEastAfricawhichisoneofthecontinent’smostbiologicallydiverse areas and important habitats, which are home to abundant wildlife and sustain the livelihoods of millions of people.

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METHODOLOGY

The scoping study involved review of various documentation on Land and forest governance, and consultations with experts involved in the district scoping study done earlier. The review and analysis included, among others, the following reports:• Identificationofcurrentissuesandopportunitiesrelatedtolandandforest

investmentsthatTNRFmayengage(scopingexercise);• Identificationofkeylinkagesandimpactsoftheforestrelatedenterpriseto

landrightsinKibaha,KilwaandHandeniDistricts;• InvestmentandForestManagementinTanzania:ProspectsandChallenges;• IdentificationofthenecessaryinterventionsandentrypointforTNRFthat

would build from the initiatives by the current CBNRM forum and Participatory LandUsePlatformsand;

• TanzaniaNaturalResourceForumStrategy(2012-2016).

The draft report was produced by the consultant and reviewed by TNRF, MamaMisituCampaignandWWF-CEAIteamsandkeyhighlightssharedwithother stakeholders through the Policy Forum Breakfast Meeting held on 31st January 2014. Inputs from these teams were used to consolidate the report which was subsequently shared in a stakeholders’ roundtable meeting held on 7th February 2014 organized in collaboration with Tanzania Forestry Working Group (TFWG) and Mama Misitu Campaign. The platform provided input that helpedprioritizationofareasoffocusforlong-termprogramme,researchandinterventionareasthatTNRFmayworkon.Theplatformalsoidentifiedabroadrange of challenges, strategies and stakeholders to engage with for addressing responsible investment.

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REVIEW AND SYNTHESIS OF ISSUES ON LAND AND FOREST INVESTMENTS

3.1 Opportunities Related to Land and Forest Investments

3.1.1 Forest land and resources

Management of forests in Tanzania at the central government level falls under the Forestry and Beekeeping Division (FBD) with some mandates delegated to the Tanzania Forest Service (TFS) agency, with operational structures extended to Zones and districts. Management responsibility for decentralized forests falls under the Local Governments Authorities including district councils and communities. Opportunities related to forests in villages include abundant arable land for agriculture-based investments and forest land under differentcategories covering forest reserves, forests in general lands and village lands. Most village lands do also include forest lands providing incentives for communities to invest their energy and time to manage them (Table 1).

Table 1: Land and Land use in Tanzania

Total area of the country 945,203 km²Land area: 885,800 km²Agric land 39.3%Arable land 12.25%Land with permanent crops 2%Protected areas 28%

Type of Land Use and coverageForests and Woodland 48%Grazing land 38%Small holder cultivators 4%Arable land 4%Large scale agriculture 1%Other land 5%

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3.1.2 Institutions and governance The Government of Tanzania developed a National Agriculture Policy (2013),ForestPolicy(1997)andLandpolicy(1997)thatdefinestenureand provides for customary land tenure, access for prospective investors to acquire require land and acknowledges the need for reducing land useconflictsthroughappropriatelandmanagementandallocation.Witheffective land allocation and management as per the policy, land use conflictsareexpectedtobeminimal(SeealsoBox1).The Government of Tanzania has also enacted various land based laws i.e. Land and Village Land Acts (1999), the Courts (Land Disputes Settlements)Act,2002;theLandAcquisitionAct,1967;)andtheLand(Amendment) Act, 2004 and associated regulations of 2001, the Village Land Act, 1999 and the Village Land Regulations, 2001, the Land Use Planning Act, 2007.Other sector laws include the National Environmental Act (2004), Forest (2002), Sector regulations, leases arrangement, concessions and management agreements such as the Community Based Natural Resources Management (CBNRM) that include Forests management and Wildlife Management Areas. The Forest Act (2002) and the subsequent regulations in 2004 as well as various by-laws developed by LocalGovernment Authorities (LGAs) also serve to guide forest investment and national and local levels. Existence of laws and regulations governing forest harvesting provide a framework to ensure control and proper management including harvesting of different forests.Existence of structures including the Ministry of Lands, Housing and Human Settlements Development, Tanzania Investment Centre (TIC), National Land Use Planning Commission (NLUPC), the Private sector and Tanzania Forest Service (TFS), charged with management of the land, national forests and coordination of investments at national level provide the necessary entry points to land and forest land investment. At local level, the LGAs are charged with management of land and forests in their districts. These make use of structures such as land Barazas, village governments – with land management responsibilities and Village Natural Resources Committees (VNRC) that provide for the necessary governance authority at these levels. The readily available markets both local and export , technology for processing and value addition for agriculture,forestproducts,servicesandbenefitshavepromptedinterestand willingness on land and forest land investments. These opportunities provide an avenue for the abundant land to be put to good use and offer potentials for the land and forests to contribute to the national growth and reduction of poverty. Tanzania through various investment promotion efforts include large forests/ plantations, community based with incentives under REDD/CDM, commercial farming including the big national programmes such as the Kilimo Kwanza that focuses on the modernisation

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and commercialisation of private sector based small, medium and large scaleagricultureandareductionofdependenceonrain‐fedagriculture,the Southern Agricultural Growth Corridor of Tanzania (SARGOT) and bioenergy investments.

Box 1: Main opportunities related to Forest land and resources and governance:

• Existence of forest land and forests including reserves, general lands and village lands,

• Existence of policies, laws and regulations governing forest management including leases, concessions or joint management agreements,

• Existence of forest management structures including the Tanzania Forest Service (TFS), charged with management of the national forests, District Councils which are in charge of forests in the districts and village level structure such as Village Natural Resources Committees (VNRC) for community level forest management, and

• Interest and willingness of forest products traders to operate in village lands

3.1.3 Participation of the Private sector and Civil Society Organizations

The private sector plays key role in designing investments and mobilizing the necessary capital including identification and linkingwith financialinstitutionsthatfinancelandbasedinvestmentsaswellasprovidingthetechnical capacity. Through the private sector associations, the private sector provides networks for engagement that offer platforms to inform policy development. The Civil Society Organizations are equally important in facilitating community based land and forest investments particularly the CBNRM models. The CSOs have played a critical role in lobbying and advocating for land and natural resources policy development, equity in benefitsaswellasprovisionofthetechnicalcapacityforcommunitybasedlandinvestments.ExamplesincludetheREDDprojectsfinancedbytheGovernment of Norway, Participatory Forest management and the Wildlife Management Areas (WMAs) implemented by various organizations such as the World Wide Fund for Nature (WWF), African Wildlife Foundation (AWF), Frankfurt Zoological Society, and Wildlife Conservation Society (WCS). Their engagements provide lessons and best practices that translate policy to practice.

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3.1.4 Enabling conditions Some of the enabling conditions for land and forest land investment include supportive infrastructure, the necessary technology and availability of essential utilities such as power (Summary in Box 2). Processing of products takes advantage of existing and improving technology, high timber products’ markets and legal framework and regulations. Improving technology now allows even small pieces of timber to be processed as well as adding value to the tree therefore increasing the income. With growing domestic and export demand for both hardwood and softwoods, communities and forest investors have a guaranteed market. The Ministry of Natural Resources and Tourism has produced regulations including forest harvesting concessions guidelines. These provide room for regulated trade in forest produce.

Transportationofproductsfromsourcetomarketsbenefitsfromexistenceof and improving infrastructure in Tanzania mainly roads that connect remote areas with trunk roads network. Areas that were inaccessible have now opened up and where proper forest resources management exist, such access has created markets for forest produce including job creation in harvesting, value addition and the emergence of alternative and supportive incomes sources thus reducing pressure on the forests. Uncommon and lesser used trees have also found markets both local and export.

Box 2: Opportunities related to Enabling conditions:

• Existence of technology for processing and value addition for various land and forest based products, such as wood products, food stuffs,

• Availability of markets for timber and forest products

• Existence of legal framework and regulations

• Existence of transport infrastructure in Tanzania mainly roads that connect remote areas with trunk roads network

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3.2 Current Issues Related to Land and Forest Investments3.2.1 The Broader Policy and Institutional Issues

Land based investments operates on principles of long term goals and priorities based on sound land policies and legal frameworks, predictable economic and social policies and under enabling environment including fiscal and infrastructure systems. Land and forest investments entailconsistency and clarity in respective policies i.e what are the objectives on land and forests investment, where are these expected and how are they expected to operate? Policy frameworks and respective tools with necessary incentive mechanisms are critical in land investments. There are a number of competing priorities in national planning that require far ranging enough and predictable policies and business environment that allow for long term investments that include tenure security. Two cases one on bioenergy and Wildlife management investments (Box 3 & Box 4) that involve the private sector, government and communities have been picked to demonstrate the broad land based investments demonstrating policy and institutional issues related to land and forest. These are intended to provide the bigger picture policy and institutional challenges asaplatformtothespecificissuesidentifiedinthescopingstudyinthethree districts.

Land acquisition: Broad issues on commercial investments:

• Investment based on speculation on the assumptions of “abundant idle” that are coupled with unclear investment motives and the legitimate use. In most cases justified with potentials for jobs creation, provision andsupport for social services an, export market drive

• Requirement of large chunks of land for viability on commercial scale in some situations coupled with displacement of communities and poor compensations arrangements and also complex processes to acquire land

• Inbalance between commercial/subsistence land needs, tenure and food security. Absence of clear policy on the two tiers.

• Conflicts in landuse /allocationwith productivearable lands includingbasinbeingputtousesthatfitbestonmarginal/wastelands

• Lack of clarity on investment categorization for respective land uses: bioenergy being as an agricultural investment, CBNRM.

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Box 3: Land acquisition and investment challenges: The Bioenergy Case: Acquisition of large chunks of land for bioenergy in Tanzania grew to its peak in the early to middle years of 2000 especially when this acquisition was linked to growing global demand for clean energy. Tanzania was seen as one of the countries with “relatively abundant idle” land “available” for agricultural investment such as bioenergy. The country therefore through policies related to engaging the private sector and providing enabling environment for land-based investments encouraged such investments. For instance, as of 2011 over 40 organizations of varying types were engaged in differing ways in bioenergy development in Tanzania with a significant presence of foreign capital, with about 641,179ha of land allocated for biofuel investments mainly on Jatropha, sugar cane and palm oil (Anthony M. Mshandete, 2011).

In Bagamoyo District for example, a Swedish company, EcoEnergy had plans to develop sugarcane for ethanol. Farmers however, accused the company for acquiring 5,000 hectares of community-held customary land after seducing villagers with promises of new schools, hospitals and job opportunities (Kizito Makoye, 2013). While such plantations were expected to use the marginal/waste lands, some of these investments were instead put or earmarked on productive arable lands including basin such as Rufiji, Mbarali (Usangu), Pangani and Wami.

Governance of land based investment: The acquired lands were however marred with disputes including dubious acquisition process, unmet community engagements and benefits in these projects, low compensations, joblessness and communities’ displacement. Most of these have also not met national expectations and as of now some of the projects have either been abandoned or extremely reduced in scale with land so acquired changing use of left undeveloped. While such projects were approved by the Tanzania Investment Centre mainly under the energy/agriculture categories, these were not supported by appropriate policies. While these projects were implemented over the last ten years, the Liquid Bionergy policy, respective legal framework and Guidelines are yet to be finalized. As of 2013, only the Biofuel Strategic Environment Assessment (SEA) was in place. Displacement of farmers where extensive lands were acquired such as the failed biofuel project in Southern Tanzania had implication on food security. While bioenergy was seen to have the potential of creating employment opportunities, stagnation of these investments have frustrated most communities’ expectation. For instance, the allocated land for liquid biofuel was expected to create an equivalent of 700,000 direct jobs and another equivalent number of jobs created indirectly. These have not been realized. Transparency in allocation of land, investment procedures and engagement of stakeholder has also been poor with motivations not being explicit.

Land use conflicts: Bioenergy investments have created conflicts in land, forests and water resources use where agriculture land was put to biofuel, natural forests cleared and converted to monoculture Jatropha plantations, and water for irrigation of young plantations. With land tenure, rights of occupancy and derivative rights granted to foreign investments for periods up to 99 years renewable (TIC, 2008), such land may not be available for other investments even where the planned projects have failed. This could be a good cause for conflicts recently seen in Districts of Kilosa and Mvomero (Morogoro Region), Kiteto in Manyara, Ihefu (Mbeya Region) and Monduli/Longido in Arusha Region.

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The Community Based Natural Resources Management (CBNRM) is one of the common basic community land based investment with the objective allowing the natural resources to contribute to rural development and the overall poverty reduction strategies. A number of CBNRM models have been developed and practiced worldwide. These include the wildlife-based models in southern Africa such as the Zimbabwean Communal AreasManagementProgrammeforIndigenousResources(CAMPFIRE);the Administrative Management Design for Game Management Areas (ADMADE) in Zambia, the Wildlife Management Areas (WMAs) approach inTanzaniaandtheWildlifeIntegrationforLivelihoodDiversification(WILD)in Namibia. There are also forest biased models including the participatory forest management (PFM) that use the Joint Forest Management (JFM) and Community Based Forest Management (CBFM) approaches in TanzaniaandtheNepalmodelsthatpromotenon-timberforestproducts(NTFPs). Others cover the fisheries co-management using BeachManagement Units (BMUs) approach and the water users Associations (WUAs) among others. These models are still challenged with inadequate enabling policy implementation and legislative environment, inadequate resources (human, financial, technical, time) among local, district andnational actors/agents and fully devolved implementation responsibilities. Most of these models have been costly to develop and implement and therefore have remained as pilots facilitated by donor supported projects or financing through NGO programmes. Even those that have beenin place for over a decade they are yet to been sustained beyond the project support. These are some of the limitations defeating the purpose of having CBNRM models as community based “economic” entities with the natural resources and communities efforts being the major capital.

CBNRM is based on the concept of decentralized resources management and governance. While the decentralization initiatives in Tanzania started way back through Local Governments Act of 1984, devolution of natural resources management including ownership rights and powers to local communities was not fully implemented over the period. Again CBNRM cuts across sector policies and laws, thus calling for an effective coordination. Some challenges and lessons learned in various CBNRM models include: • The area and resources ought to be “economically” viable to provide

theanticipatedbenefits:Anareathatistoodegradedintermsoftheresource may call for huge restoration/upgrading work thus limiting the incetive for communities incentive.

• While regular ecosystems functions and services are critical, the driving force and entry point for communities is primarily the economic benefitstotieuprustandcommitment.

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• With costs of establishing these models being high in most cases, external catalytic role through NGOs and other institutions is critical while gradually building integration into local and national level institutionsforlong-termsustainabilityoftheactivitiesandreplication.

• Effective coordination is important which can be built through forums that bring together the government, NGOs, private sector, community groups, and research institutions are for dialogue and effective feedback on policy development and implementation strategies.

• While tenure is critical, communities economic control over the resources is paramount and therefore the need for full devolution.

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Box 4: Investments in the Wildlife Management Area (WMAs): Challenges of creating enabling mechanisms

Land use conflicts: In the Wildlife and Tourism sectors, companies have also acquired land through purchased land leases under different management arrangements including hunting blocks and animal sanctuaries that communities around them dispute. Such investments have also faced unprecedented conflicts between communities and the wildlife management authorities and investors as they have encountered issues of communities’ displacement, blockage of wildlife and domesticated animals’ corridors as well as unmet community benefits from various arrangements entered into between communities and the investors. Some of the communities have remained sceptical and suspicious of long-term intentions while the Government, on the other hand, has found it difficult to devolve full powers and responsibility to local communities, mainly on doubts of their capacity to manage wildlife resources (IRA, 2007). Common cases include the Loliondo area and the Wildlife Management Areas (WMAs) around Serengeti National Park.

Investment costs, capacity and benefits/returns: The Wildlife Policy calls for the creation of Wildlife Management Areas (WMAs) which give local communities control over wildlife resources utilization on their lands and enable them to benefit directly from these resources. As of 2011, there were 33 WMAs which cover a total land area of 29,120 km2 within 262 villages. Of these, 14 WMAs covering 21,957.17 km2 on 139 villages had been gazetted and attained authorized association status with wildlife resources user rights while 19 other WMA were on different stages of WMA establishment process covering 154 villages. Issues include lengthy procedures and costs to establish the WMAs, where the WMAs have mainly been facilitated through donor programmes, realistic/tangible benefits, and negotiation capacities where communities have entered into management contracts with investors and managing the WMAs as economic entities. Tourist hunting is considered as one of the land use option in these areas, but in most cases, there is no transparency and effective schedule for sharing of benefits from tourist hunting with the rural communities on whose land much of the hunting occurs (IRA, 2007).

The issues noted in the Tanzania WMAs were also experienced in other models in most southern African countries, including the Zimbabwean Communal Areas Management Programme for Indigenous Resources (CAMPFIRE), the Administrative Management Design for Game Management Areas (ADMADE) in Zambia and the Wildlife Integration for Livelihood Diversification (WILD) Namibia.

3.2.2 Issues on forest land management in villages/village lands Majority of land (Approximately 70%) falls under village land, supposedly managed under the Village land Act (1999). However, tenure is not secure, as it only provides administrative and user rights to the land and such land can be transferred to general land for investment purposes. A number of

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challenges associated with land and forest land in villages have been identifiedinvariousreportsincludingtheScopingAssessmentforMulti‐stakeholder Dialogue Initiative report on Making Land Investment Work for Tanzania (Makwarimba and Ngowi, 2012). These covered security of tenure,policyconflicts, regulatory frameworks,village levelcapacityand limited knowledge and information availability. These challenges concurwiththeissuesindicatedintheforegoingcases.Thespecificthechallenges comprised of:

a) Security of tenure:With economic growth and development seen in Tanzania, investment related to land and land acquisition has increased. The Population growth, shrinking productive land and expansion of land uses have led to land conflicts. Increasing conflicts associated with land based investmentsrange from policies, growth and development strategies, institutions and legislative frameworks at communities’ level with land and resource tenure security; weaknesses in the governance and administration ofland and natural resources and investment environments that deter rather responsible economic activity by investors.

Security of land tenure: Broad issues for village land

• Security of land tenure not guaranteed on village land in the absence of surveyed, demarcated land, gazetted village land with approved and implemented land use plans. This includes the customary rights of occupancy.

• Capacity for undertaking Land Use Planning (i.e Village Land Use Plans), mostly project based facilitation and limited prioritization in the government plans and budgets

• Prioritizationofinvestmentincludingconflictsbetweencommunities,government institutions and investors where large viable land areas arerequiredsuchastheWildlifeManagementAreaswithconflictslinked to blockage of corridors, access to water resources and pasture

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Specific tenure issues on land and investment include:• Security of land tenure for communities on their livelihoods and

natural resource especially where village land is not surveyed and demarcated with land use plans. Acquisition of large land areas mainly for foreign investments including biofuel development referred to as “Land grabbing” for investments has been attributed to limited village leadership capacity and communities’ awareness on respective governing legal frameworks and procedures for allocating land. Investments cannot be made on unsecure land even at community level;thesmall-scalelandholdersandlocalcommunitiesdependontheir surrounding natural resources for their livelihoods.

• Village land conflicts related to boarder disagreements betweenneighbouring villages especially for villages that have not been demarcated and having no land use plans. This has led to such village lands being regarded as “open access land.”

• Lack of resources and capacity for undertaking Village Land Use Planning(VLUP)toaddresspotential landuseconflictsandrelatedinvestments, where most of the VLUP in place have been facilitated using donor funded projects.

b) Policy conflicts: Sectoralpolicyconflictsrelatetodivergenceinpriorities.Policydirectivessuch as expansion of agriculture without having in place the requisite extension support and provision of agriculture inputs has resulted in shifting cultivation leading to depletion of forests and related investments.Kilwa district for instance has recently seen a dramatic increase in simsim production with large tracks of land cleared annually. The District has also been earmarked as a destination of pastoralists evicted from the Ihefu wetland in Mbeya. Incoherent policy areas that have created ambiguity in tenure and ownership e.g. the “unused land” as provided for in the Land Act 1999 where such land under the forest related laws has been translated to public land where the Tanzania Forest Service (TFS) issues harvesting licences for forests resource without consultation and sharing ofbenefitswithcommunities

c) Legal framework:Licensing for forest produce involves multiple applications and permits. Coupled with the bureaucracy and limited capacity mainly at the district level, procedures in place have not created the necessary incentives for forest investments including harvesting and trade. Multiple licences and permits that are tied up with some fees apply. These include Registration fees in villages, harvesting licences payable to the Revenue Collector eitherintheTFSorthedistrictcounciloffice,registrationfeesatdistrict

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level and business licence and Tanzania Revenue Authority (TRA) annual fees. The multiple fees and bureaucracy particularly in issuing harvesting licence by TFS has led to potential business losses creating room for non-compliancebytradersandweakenedforestinvestmentscredibility.For example during 2013/14 season which normally starts in July, no licences were issued as of November 2013 despite bids being invited and submitted in time. Such delays meant business losses which are usually compensated by avoiding payment of respective fees and royalties.Participation of the private sector is critical in the forest management including the processing chain as indicated in the Forest Policy 1998 and the National Forest Programme (2011). Lack of participation of the private sector in some key decisions such as the revision of the forest royalties and other fees has led to poor compliance.

d) Knowledge/Information gap:

The Land area in Tanzania is 88.2 million hectares of which approximately 60% is under forest, woodland and bushland while cultivated land is about 13.6% as per the Tanzanian Investment Centre (TIC) . Access to information about land acquisition and investments is still a challenge despite the TIC and other institutions having made some efforts to generate and share such information. Inconsistencies including statements such as “abundant idle land” where there are clear land scarcity and “land grabbing” connotes lack of transparency and inaccuracy. The TIC developed a Land Bank to ease land acquisition processes for investors, however, such information is not regularly updated and synchhronized with other investments/ land uses. Again records show that there are between 11,000 and 14,000 villages but the status of each village in terms of demarcation, land use planning and land uses and ownership can not beestablishedininonestop-point.Thisleaveroomforlandownershipandlanduseconflicts.While for instance, the TFS completed a countrywide forest inventory work that provides information on the forest resources in 2012, such information was yet to be passed on to the districts, villages and the private sector users. Forest laws and regulations are not clear to most communities and not in user friendly language. Equally missing is proper understanding by communities and traders of the necessary procedures and regulations creating room for rent seeking activities.

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e) Governance:

Governance issues on land and forest investment include among others, policies, legal framework, and institutional set up, implementation capacity and participation opportunities.In the district councils, there has also been functional interference on responsibilities.ThePoliceofficersbymandateareexpected tocheckon suspected products. It has been noted however that in so doing there has been interference with the routine inspection process in checkpoints withouttheneededcapacityforundertakingthesameleadingtoconflictswith traders.As a routine, the Ministry of Natural Resources and Tourism (MNRT) has established 28 check points of which 16 were in Dar es Salaam while alldistrictcouncilshavealsointroducedcheck-pointsforlocalproduceand in some cases transit. At village level, village leadership has also put in place checkpoints to verify that products been taken out of the village are not illegal and have been properly paid for. There have also been cases of LGA and TFS staff sitting at the same check point with unclearresponsibilities.Thechallengehasremainedtobetheefficiencyand accountability. The lengthy processes of obtaining relevant licences and permits, and the limited knowledge on the traders’ side have been associated with corruption practices.

Governance: broad issues Supportive policies : Example: absence of Bioenergy policy, respective legal

framework and Guidelines Effective coordination in the understanding of various stakeholders involved

(Ministry of Lands, TIC, LGAs, Private sector etc) Supportive institutions including capacity to implement policies, strategies

and enforce laws i.e. multiple forest products check points Transparent and incentive based systems such as reduction of bureaucracy

in decision making, issuance of permits and licenses Effective participation and engagements of stakeholders with clear costs and

benefits arrangements, decision making and frameworks for dialogue Absence of critical information land and forest resources and its access Devolution of land and natural resources management: CBNRM models

faced with inadequate capacity (financial, technical, time), limited devolution in management responsibilities, high initial iinvestment costs – externally facilitated and slow flow of tangible returns leading to concerns of sustainability

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At community level for instance decentralization of forest management, gives mandates to villages and communities to manage forest resources within their lands. With limited capacity in the village councils and communities including lack of proper village offices for administrationand records, transport facilities and understanding of regulations restricts accountability of district, village leaders and communities. Revenuelosseshavebeenattributedtolimitedcapacityofforestofficers,traders and communities to undertake proper measurements of forest productssuchasthevolumeoftimber,firewoodandcharcoalincludingunderstanding of timber species where varying royalty rates apply.Accountability issues related to poor compliance system leading to corrupt practices where products are under charged and payments made invillagesnotsupportedwithreceiptstoconfirmlegalityofthepaymentsand the legitimate use of such money in supporting forest management. For example, there was no evidence on the use of the tree planting levy of 5% per bag of charcoal charged as established by the local government levy being used for the intended purpose.

f) Climate change

Investments related to agriculture and agribusiness could be impacted by climate change/variability. With evidences in recent years showing shorterrainseasonsandlongerdrierspellsandflooding,suchclimatechange/variability will affect farming and animal husbandry. Agriculture related investments run the risks associated with poor irrigation systems, unreliablewatersupplyandhighdependencyonrain-fedfarming.As investments envisaged to be an opportunity to Tanzanians, they ought tobetransparent,fairandactuallyderivingbenefitstoTanzaniancitizens.These issues therefore call for dialogue among different stakeholders to address land based investments in Tanzania.

3.2.3 Enabling conditions

Processing of forest products requires that the appropriate technology isinplaceorcaneasilybedevelopedandaccessed;thatthesupplyofraw materials is reliable and that the necessary utilities such as power are available. The scoping study carried out in the districts identifiedchallenges related to technology, enabling regulations and supply of raw materials.

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a) Technology

Capacity to access improved technology was limited to mostly sawmill and other processing equipment being obsolete. This results into wastage of large parts of the timber.. With unreliable supply of raw materials, investment in new and improved technologies may not be guaranteed.

b) Legal framework

The forest regulations require that dealers in forest produce are registered. However, most of the small operators including sawyers, carpenters, and charcoal producers are not registered. This has a challenge in identifying them and their business, with complications of engaging them and monitoring their operations. This scenario applies also for the small holders farmers.Royalties for raw materials mainly wood for timber has been on the increase frequently which eventually has translated to varying and increasing cost of timber and wood products. Investing in processing of forest products would require consistent and predictable trends in basic costs including the raw materials that usually constitute more than 50% of the production costs. Multiple taxes charged on same products such as timber and numerous control/check points manned by LGAs, Police and TFS do not provide the necessary incentive for compliance and in some instances opens room for corruption.Lack of business skills is also an area where most small producers of timber fall. With tree being managed as a crop, the investor need to have a clear understanding of the investments costs, including management round the rotation age and marketing of the produce. This challenge can be solved if the producers register and operate as societies or associations.

c) Knowledge and information:

There is a wide knowledge gap on transport regulations which are not clear to traders, village authorities and even the law enforcement regulators. Examples include understanding of when a transport permit should be requested, its validity etc. There have also been inconsistencies on applicationoffinesandpenaltiesastradersdonothavethenecessaryinformation.

d) Supply of raw materials

The government has annually being introducing harvesting permits meant to allocate and regulate harvesting of the available wood for the forest plantations. Harvesting in natural forests has also been using “mini” allocationarrangementswhere inprinciple;harvestingpermit is issuedwhenaninventory“confirms”availabilityoftherequestedtimber.Investingin processing has therefore remained speculative in the absence of long term demands and supply.

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e) Infrastructure

Transportation of products from source to markets requires existence of the necessary infrastructure including roads, railway and water/ports that connect the supply centres with the markets. While this has been improvingincludingtheDaresSalaam–Linditrunkroad,Mtwara-Tunduru-Songea, and the Tunduma – Sumbawanga road that have opened up access in the southern Tanzania, such access has been associated with increasing illegal harvest of timber and charcoal, poaching and increasing shifting cultivation. In some general and village lands, rich forests have been encroached. This in turn has widened the challenges related to management capacity and governance.

f) Capacity:

The district council teams are mostly involved in law enforcement including managing the check points. These teams have inadequate capacity toundertakeproperandeffective inspections incheck-pointsincludingverificationofdocumentsandauthenticationoncorrectnessofconsignments such as the timber species, volumes and royalties paid.

3.2.4 MarketsDemand for timber and other forest products in Tanzania has been on the increase over years. The gap between supply and demand is normally met by use of alternatives or substandard qualities. The export market is also quite high in the region and also the Asian markets including China and India. This high demand comes with the challenges related to capacity to enforce respective regulations. The study noted other challenges to include:

a) Charging of multiple fees: Multiple registration fees in the districts where forest products are transported through or enter into the market. District councils count forests and the related trade as one of the main revenue sources for the councils. Where such produce is transported through several districts, the same produce is charged over and over again.

b) Entrepreneurial capacity: The forest regulations require that dealers in forest produce are registered to allow the necessary communication and information sharing with the dealers. There has been obvious lack of business skills for most dealers. In the absence of functional users/dealers associations, capacity building has been a challenge.

c)Marketcompetitionandconflicts:Competitionandconflictshavebeenobserved for example between soft and hard wood supplies.

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KEY LINKAGES AND IMPACTS OF FOREST RELATED ENTERPRISE TO LAND RIGHTS

4.1 Linkages of Forest related enterprises to land rights

Forest related enterprises include the wood products such as timber andpoles,aswellasthenon-timberproductssuchashoney,fuelwood,medicinal components, vegetables, oils, forage and fruits. While the woodrelatedenterprises(timber,charcoal,firewood,poles)accountforabout 90% of the formal forest business that is traded in the more formal markets and requiring formalization of such business, the non-timberenterprise including honey, medicinal plants, fruits, baskets, mats seeds, ropes and vegetables serve as subsistence materials that contribute largely to household level livelihoods and incomes and most of these are tradedinlocalmarkets.Thenon-woodcomponentshavealsobeenusedas conservation strategy for sustainable forest management which have been used to secure village forest land.

a) Investment security

Investments in forest including establishment of plantation forests require access to and land ownership right to secure such investments. Soft wood forest plantations have average maturity cycles of about 30 years for timber while hardwoods range between 45 and 60 years. Invariably, such long time investments are only feasible where land rights and tenure security is guaranteed.

b) Livelihood safety nets

A good number of community based forests have been established to securethenon-woodproductsandservices.Variousstudieshaveindicatedthe role of such products in relation to food security, health provisions and incomes generation. Forest products have also served as livelihood safety nets when formal crops had failed. In this argument, forest related enterprises at local level depend on communities having access to forest lands. It is this understanding that communities have seen the need to secure forests in their village lands through establishment of village land forest reserves and also entering into management agreements with the Forest authorities in the management of forests reserves.

4.2 Key forest related impacts to land rightsForest related impacts to land rights range from the more direct ones includinglandspeculationbasedonenvisagedbenefitsandprotectionto secure the forest for the essential products and services to the indirect ones that include shifting land use patterns as a result of shrinking forest

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land. Examples include establishment of large forest plantations that transfers land ownership rights from small holder communities to the more commercial private plantations under lease holds.

a) Large forest plantations – land otherwise available for communities taken up for plantationsTanzania had traditionally obtained her timber and other forest products from the natural forests. Increasing demand of such products necessitated establishment of forest plantations initially through government investments where 85,000 ha were established. The further growing demand and declining availability of timber from the natural forests provided incentives for private forest plantations where about 40,000 ha of industrial forest plantations were established and an estimated equal amountofthenon-industrialprivateforests.Establishmentoflargeforestplantations transfers land ownership rights from what were either general land and/ or small holder communities to the more commercial private plantations under lease holds with terms ranging from 33 to 99 years. Other related forest land commercialization includes the establishment of biofuel plantations where the most propagated crop in Tanzania has beenJatrophaandtosomeextentsugarcane.Thishasdefinitelylimitedcommunity access for such lands. Other recent developments that have encouraged acquisition of large areas of land include projects under the Clean Development Mechanism (CDM).

b) Forest degradation leading to shifting land uses – shifting agriculture, pastoral/grazing landsDegradation of forest lands as a result of shifting cultivation, clearance of forestforpasture/grazingland,forestfiresanddroughtshavecontributedto landuse shifts. Increasing landand resourcesconflictsarea resultof land ownership and user rights. Poor communities are among the vulnerable groups in terms of good land access and ownership. It is therefore important that village lands are demarcated and land use plans developed to secure land for longer term village use. At the national level, the increasing forest degradation has prompted expansion of forest land under various forms of management such national forests which include forest reserves and nature forests reserves, local authority forest reserves and forests on general land, village forests which aremadeupofvillagelandforestreserves;communityforestreserves,and the private forests which comprise forest owned by private villagers on village land and forests on village or general land upon which a lease or granted rights of occupancy has been awarded to an individual or corporate body for the purposes of forests management. While expansion

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of protected forest land or establishment of forests serves to secure the forest for the necessary products and services, such forest land dedication denies such lands being available for alternative uses and therefore limiting access and rights by other users.

c) Markets for forest products leading to acquisition of land

Climate change has created adverse impacts in many countries and more so for the poor. One of the global and national efforts to address this problem is the initiative for reduced emission from deforestation and forest degradation (REDD+). Adoption of the REDD+ provides an opportunity for the country to benefit from financial mechanisms that recognizesustainable forest management as an avenue for reducing emissions andincreasingcarbonstorage.Thisnewforestbenefithasrenewedandincreased interest in forest land acquisition and management.The existing local and export market for timber has created high demand for land for establishing forest plantations. This is a challenge for villages to secure their land especially where such lands are not secured through gazetted village lands and land use plans.

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RECOMMENDATIONS ON INTERVENTIONS AND ENTRY POINTSThe scoping study builds on other studies mainly “Making Land Investment Work for Tanzania: Scoping Assessment for Multistakeholder Dialogue Initiative” , “Analysis of Land and forest related investment alongtheChainandtheTNRF/HAKIARDHI/WWF-CEAI,ConceptNoteforPartnership Pilot Initiative on Forests and Investments, and the “State of Forest Governance in Tanzania – from a citizen’s perspective” summary. Analysis of issues in respect to the Tanzania Natural Resource Forum Strategy2012-2016(Box5)providesrecommendationsonareasoffocusthrough its CBNRM and the Land & Investment portfolios. The key issues identifiedfitwellwiththeTNRFstrategicareasandtherecommendationsmade are intended to help TNRF and partners devise means to integrate practical interventions into their programs.

Box 5: Relevant Priority Strategies in the TNRF Strategic Plan:1. Facilitating platforms: By strengthening dialogue and opportunities for

knowledge and information sharing, building a knowledge base for enabling change advocacy and strengthening citizens voice through strong communications and media engagement

2. CBNRM: Promoting Community Based Natural Resource Management (CBNRM) as the focus for strengthening citizens voice in the forestry, rangelands, wildlife and fisheries thematic areas across the country and at community level in at least 20 districts by 2016

3. Land and investment: Engaging multi-stakeholder dialogue on land and investment in Tanzania, (including emerging investments - coal, oil, gas, minerals) to address these potential areas for natural resource conflict and sustainable development across the country

Land and Investment program focuses on providing information on land and investment laws and policies and helping the average citizens access these policies and laws. CBNRM program focuses on strengthening citizens’ voice in the forestry, rangelands, wildlife and fisheriesmanagement at community level bringing natural resources management down to the community level where policies are translated into practice to secure livelihoods and foster sustainable natural resource use.

5.1 Enabling Land laws and Tenure: Addressing the gapsUnder the Land Act (1999), there are three categories of land in Tanzania namely the Village Land, General Land and Reserved Land. One of the challenges is the lack of agreement in what constitutes general versus village land. This Act indicates that general land is all land that is neither reserved land nor village land and includes unoccupied or unused village land. The Village Land Act does not state general land as including “all unoccupied or unused village land.”

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This creates interpretation ambiguity posing a risk to investments and use of such lands mainly for communities may consider “unoccupied orunusedas landavailable forcommunitysmall-scaleagricultureandlivestock land uses, wildlife management and forests. With about 70% of the land in Tanzania considered as village land, tenure is not secure, as it only provides administrative and user rights to the land and can be transferred to general land for investment purposes. Also processes and procedures for acquiring village and Customary rights of occupancy (CCROs) are complex where Villages have to be demarcated, register theirrightsandobtained“CertificateofVillageLand”andestablishVillageLand Register. Without external facilitation, most villages using district council resources are unable to complete these procedures. With theVillageLandCertificates inplace, theLandUsePlanningAct(2007) requires village to produce land use plans to help guide land allocate. Village Council is considered to be the authority for land use planning, with facilitation of the Department of Physical Planning. This process is often costly and requiring technical support. Because of this complication, only about 850 villages of the 14,000 villages countrywide haveVillageLandCertificates.Atmost,165,000CertificatesofCustomaryRights of Occupancy (CCROs) exist of an estimated potential of 8 million.Bases on the land security issues identified in the districts and theoverall legal framework issues on land, the area of focus would be the policy revision, land use planning and facilitation of land use conflictmanagement institutions (Box 6).

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Box 6: Recommendations and entry point1 on Enabling Land laws and tenure security:

(a) Facilitate/contribute to revision of the Village Land Act to provide for the correct interpretation of general land with respect to unoccupied or unused village land (Midterm)

(b) Lobby for village land security beyond the user rights to guarantee investment (Midterm)

(c) Facilitate granting of village land and certificates of customary rights of occupancy which are critical for land ownership and management in Tanzania. These are important for communities. (Midterm)

(d) Identify/map potential resources and facilitation required to support finalization of the village land and customary rights of occupancy as well as land use plans in line with the National Land Use Framework Policy (2009-2029). Since this may be an extremely tasking undertaking, phasing is proposed starting with immediate, then midterm and longer term facilitation. For the immediate and medium term, this could involve the use of existing and planned programmes while the longer term support would require new resources mobilization (Immediate and Midterm)

(e) Facilitate the functioning of land use conflicts management institutions. This will reduce the common land use conflicts now rife between farmers and livestock keepers, communities and large scale investors and communities and government investments such as protected wildlife/forests (Midterm).

5.2 Sustainable and Smart Land/Forest Investment Promotion TheNationalForestProgramme(NFP,2001-2010),fostersandpromotessustainable forest management (SFM). The NFP is based on four implementation priority areas namely Forest Resources Conservation and Management, Institutional and Human Resources Development, Legal and Regulatory Framework and Forestry Based Industries and Sustainable Livelihoods. These priorities recognize the critical role of private sector investment in the natural and plantation forests management. For the intended private sector investment to be realized, particularly the forest plantations, land tenure security is critical. What seems absent is the linkage of this ambition with the necessary coordination the sector responsible for providing the necessary land, the Tanzania Investment Centre and the sector responsible for trade. Apparently, land that has been assumed to be available for such investment is the general land. Arrangements for acquiring such land include the Granted Right of Occupancy (GRO) on general or reserved land where such Right of occupancy is for up to 99 years,whichallowsforeigninvestorstoacquirerightstolandlarge-scaleinvestments. Village Land can be transferred to General Land for GROs, where communities often lose out. Villages are mostly vulnerable where their land is not demarcated and not having the land use plans for their area. Under GROs, villages have seen land available for their communities shrinking. Key areas for participation are summarized in Box 7.

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CURRENT ISSUES ON LAND/FOREST RELATED INVESTMENT IN TANZANIA 25

Box 7: Recommendations and entry point on Sustainable and Smart Land/Forest Investment Promotion:

(a) Review, lobby and advocate for Village Land on General Land to remain as secure and legitimate village land without options for transfer as GRO (Midterm)

(b) Development of Investor guide and promotion including information sharing and engaging major/key actors (Immediate)

(c) Facilitate establishment of investment mobilization/promotion platforms focusing on identified medium and long term national priorities, where this would involve engaging the private sector through either the sole private sector investment or Public, Private Partnership (PPP) at all levels. TNRF could play a catalytic role in establishing and managing platforms at national level where the private sector/investors actively participate (Immediate).

(d) In the absence of clear engagement terms, TNRF could as well undertake a more in-depth study on this engagement, to establish roles, functions, convergence of issues, decentralization of such platforms to local levels etc. Currently the private sector is not easily engaged with CSOs and TNRF could work to promote such engagement with “engagement rules” established through specific studies (Immediate)

(e) Identify the necessary factors that create enabling environment for land/forest investment including incentives and opportunities such as tenure and ownership rights (Immediate)

(f) Facilitate development of investor-community engagement guidelines to assist villages negotiate for best partnership arrangements (Immediate).

(g) Facilitate development of a “broker” mechanism that will assist communities enter into favorable deals including put their land as a capital contribution to land/forest investments (Midterm)

5.3 Land Acquisition and Investments Information“Land grabs” is a common term where large land acquisition is concerned, mostly related to large investments. In most cases, information on who is involved, how much land and for what purposes and for which plans has not been available. Transparency with information being more public, accessibleandaccurateforthebenefitofthegeneralpublicandinvestorsis a big challenge (Box 8). Terms like “idle land” indicate the general lack of information about how much land is actually “available,” for investment and lack of clear acquisition process. Tanzania has also been clear on seeking investors in agriculture and other economic sectors and in a number of cases such investment have been “fast tracked” including the landacquisition.Landuseconflicts thathavebeenexperienced inArusha, Morogoro Regions (mainly in Kilosa – Kilombero) and Mbeya Region around Usangu/Mbarali are clear cases of how land acquisition

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CURRENT ISSUES ON LAND/FOREST RELATED INVESTMENT IN TANZANIA26

and investment have not been participatory and transparent. In the absence of information on the amount of land actually available, proper guidanceonlandinvestmentisdifficult.

Box 8: Recommendations and entry point on Land Acquisition and Investments Information:

(a) Facilitate establishment of a coordination mechanism between relevant sectors and institutions i.e Ministry of Lands, Housing and Settlements Development (MoLHSD), Ministry of Agriculture, Food Security and Cooperatives (MAFSC) Prime Ministers’ Office (Regional administration and Local Governments (PMO –RALG) and Tanzania Investment Centre (TIC) – (Immediate and Midterm)

(b) Establish information on land availability for village plans, other national plans and emerging investment (Immediate)

(c) Collate various land use plans and synchronize such information with investment priorities under the Tanzania Investment Centre (Midterm)

5.4 Land Ownership and GovernanceWith economic growth seen in Tanzania, investment related to land and land acquisition has increased. Coupled with population growth, shrinking productive landandexpanding landuses landuseconflictshavealsobeen on the increase. Security of land tenure for communities on and their natural resource has been high especially where village land is not surveyed and demarcated with land use plans. Investments cannot be madeonunsecurelandevenatcommunitylevel.Subsistenceforsmall-scale landholders and local communities that depend on the land and natural resources for their livelihoods cannot be guaranteed. Governance of land and natural resources require effective institutions including ability for oversight on acquisition of large land areas mainly for foreign investments.Increasingconflictsassociatedwithlandbasedinvestmentsrangefrompolicies, economic growth and development strategies, institutions and legislative frameworks at communities’ level with land and resource tenure security. Weaknesses in the governance and administration of land and natural resources and investment environments have also been known to deter rather than encourage responsible economic activity by investors (Box 9).

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Box 9: Recommendations and entry point on Land Ownership and Governance:

TNRF is already working on a multi-stakeholder dialogue focusing on security of land tenure for communities, land and natural resources governance, and the need for quality foreign investments. While this dialogue remain critical, practical interventions could include:

(a) Assessing and understanding the level of village land demarcation and land use planning in the country i.e. how many villages/ % of demarcated villages; % of villages, districts with land use plans (Midterm)

(b) Mapping ongoing and planned village land demarcation and land use planning interventions and gaps i.e. identify which villages are under demarcation and land use plans being developed; who is facilitating such interventions and whether there is a clear roadmap for demarcating the remaining ones (Midterm).

(c) Identify existing and potential funding opportunities for supporting village land demarcation and land use planning and linking with various players (government, development partners’ programmes and NGOs) to mobilize the required resources (Midterm)

(d) Facilitating the functioning of land governance institutions including the Village & Ward Land Barazas, development and enforcement of respective by laws, strengthen village level negotiation capacity where external investments are envisaged with provisions for legal support from the district and Ministerial levels (Immediate).

(e) Ownership at village and household level: Working with various players, facilitate respective communities and household to secure land through arrangements such as customary land titles and village land demarcation and land use planning (Immediate)

(f) Access to information on land and forest investment including policies, laws and guidelines to influence land based investments: Broaden LGAs and villages capacity on land/forest related investment guidelines including development and dissemination of popular versions (Immediate)

(g) At national level, champion transparent investments process including prioritization of investments based on long term opportunities (Midterm/Long term)

5.5 Sustaining Community Based Natural Resource Management TNRF promotes community based natural resource management (CBNRM) that aims at strengthening citizens’ voice in the forestry, rangelands, and wildlifeandfisheries thematicareasatcommunity levelandacrossthecountry, translating policy to practice and securing livelihoods at the community level while fostering sustainable natural resource use.

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CBNRM in Tanzania is anchored in key sector policies and strategies. Such policies include:• The Wildlife sector where the Wildlife Policy of Tanzania (1998 revised

2007) and the respective tools namely the Wildlife Act of 2009 and the Wildlife Management Areas Regulations (2005) explicitly recognize the role of communities in the wildlife management under this category of land use.

• Forestry sector: The Forest Policy of Tanzania (1998), the Forestry Act of2002andtheNationalForestryandBeekeepingProgramme(2001-2010) emphasize the role of communities’ participation including arrangements for Joint Forest Management (JFM) and Community Based Forest Management (CBFM).

• Water sector: the Water Policy (2002), the Water Resources Act (2009) and Water Regulation and the Integrated Water Resources Management (IWRM) through arrangements such as Water Users Associations (WUAs).

• In the Fisheries sector, the Fisheries Policy of Tanzania (1997), the Fisheries Act (2003), the Fisheries Regulations (2005) and the Beach ManagementUnits(BMUs)model identifyfisheries’communitiesasprimary managers of the resources.

• CBNRM has created a platform for the government, civil societies and communities to engage in natural resources management and opened up avenues for citizens to participate thus enhancing natural resources governance. Key entry points are indicated in Box 10.

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Box 10: Recommendations and entry point on Sustaining Community Based Natural Resource Management:

(a) A number of CBNRM models are being practiced worldwide including those in the southern Africa countries such as the CAMPFIRE in Zimbabwe; the ADMADE in Zambia, WILD in Namibia. In Asia there are also forest biased models including the participatory forest management (PFM). TNRF could use existence of such networks for sharing lessons and where practical, domestication of applicable approaches (Immediate)

(b) While there exists the CBNRM National Forum that has championed policy developments, Sector/subsector dialogues at Local governments and Community levels are adhoc and on pilot with limited opportunities to share lessons, experiences and success stories particularly on the medium and long terms costs and benefits (Immediate).

(c) TNRF could through the CBNRM National Forum consolidate stakeholders’ efforts and promote best practices and lessons to enable responsible investments. This is critical to allow for continuous policy development towards fully devolved natural resources management (Immediate).

(d) With Climate change now driving the national and global agenda, and the financial mechanism, incentive schemes and benefits indicated through participation in REDD+ and CDM, forests provide an avenue for increased interest in forest land acquisition and investment (Immediate/Midterm).

(e) Dialogues could endeavour to explore on how could CBNRM models be developed using local resources and facilitation e.g. using district councils’ budgets and staff, local NGOs (Immediate)

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CONCLUSION Land/forest related investment in Tanzania has provisions in the Forest Policy (1998) and supported by the Forest Act (2002), and the National Forest Programme (2001). The Land Act (1999) and Village Land Act (1999) both advocate for putting land into its best use. Investments on land recognize the role of the private sector including management, processing and marketing.Investments in land/forest involve long term returns that require security of land tenure. However, acquisition and development of such lands has encountered a number of challenges including conflicting policy interpretations, unclearprocedures and mandates and the wanting coordination between sectors and institutions.Otherchallenges relate toconflictsofownership rightsand landuses.Investments have a number of opportunities that include availability of land, policies, legal and strategy provisions, enabling infrastructure and technology and existence of institutions and structures at central government and local authorities in the broad areas of forest/forestland management, forest products harvesting, transportation of forest products, processing of forest products and marketing.Current challenges and issues include security of land tenure, land acquisition intermsofprocesses,transparency,conflictingpoliciesandlegalinstrumentsorabsenceofsuch,investmentcosts,capacityandbenefits/returns;knowledgeand information gap on land and investment procedures and processes.The challenges however, provide room for various stakeholders to play their roles including the TNRF and the respective platforms on land and investment. EntrypointsinrelationtotheTNRF2012-2016Strategyincludelandownershipand governance focusing on facilitating enabling land laws and tenure security and strengthening dialogues and contribution towards policy development and implementation on land tenure security. Equally important is promoting sustainable and smart land/forest investment acknowledging that land and forest based investment involve various stakeholders and institutions, thus facilitating coordination mechanism between relevant sectors and institutions and the functioning of land governance institutions. Generation and availing land acquisition and investments Information will help provision of the right knowledge and understanding. TNRF could also continue to sustain Community Based Natural Resource Management through promotion of Community Based Natural Resource Management models. With expanding investment in land/forests, it is critical to promote sustainable and smart land/forest investments including lobbying for review and advocating for legitimate Village land tenure security. These are areas that fit well with the strategic programs of TNRF includingFacilitating platforms; Promoting Community Based Natural ResourceManagement(CBNRM)andengagingmulti-stakeholderinLandandinvestmentdialogues.

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ReferencesAnthony M. Mshandete. Journal of Applied Bioscience, 2011. Biofuels in Tanzania:Status,Opportunitiesandchallenges,40:2677-2705http://www.biofuelsdigest.com/bdigest/2013/07/23/ecoenergy-accused-of-landgrabbing-in-tanzania/KizitoMakoye,2013,ThomsonReutersFoundationRugemeleza Nshala, 2013, Investment and Forest Management in Tanzania: Prospectsandchallenges,HAKI-ARDHITanzania Investment Centre, 2008, Tanzania Investment GuidelinesTNRF,2012,TanzaniaNaturalResourceForumStrategy(2012-2016)URT, 1967, “Land Acquisition Act”, http://www.ecolex.org/URT, 1997, “Tanzania Investment Act”, http://www.ecolex.org/URT, 1997, Fisheries Policy of Tanzania (1997), URT, 1998, Forest Policy of Tanzania (1998),URT, 1998, Wildlife Policy of Tanzania (1998 revised 2007)URT, 1999, “Land Act”, http://www.ecolex.org/URT, 1999, “Village Land Act No. 5” http://www.ecolex.org/URT, 1999, National Tourism PolicyURT,2001,NationalForestryandBeekeepingProgramme(2001-2010)URT, 2002, Forestry Act URT, 2002, Water Policy (2002),URT, 2003, Fisheries Act (2003), URT, 2005, Fisheries Regulations (2005)URT, 2005, Wildlife Management Areas Regulations (2005) URT, 2007, “Land Use Planning Act”, http://www.ecolex.org/Institute of Resource Assessment, 2007, Assessment and Evaluation of the Wildlife Management Areas in TanzaniaURT,2009,NationalLandUseFrameworkPolicy(2009-2029)URT, 2009, Water Resources Act (2009) URT, 2009, Wildlife Act

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Reviewed documentsMaking Land Investment Work for Tanzania: Scoping Assessment for Multistakeholder Dialogue Initiative Final Report , Melissa Makwarimba and Propser Ngowi, March 2012,Analysis of Land and forest related investment along the Chain draft report Cassian Sianga, & Gwamaka Mwanyanjala, 2013,Concept Note for Partnership Pilot Initiative on Forests and Investments, TNRF/HAKIARDHI/WWF-CEAI,August2013,TanzaniaNaturalResourceForumStrategy2012-2016,TNRFTheStateofForestGovernanceinTanzania–fromacitizen’sperspective-draftreport, TNRF

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Matrix I: Opportunities Related to Land and Forest Investments

Broad opportunities Specific opportunities

Land and Forestland (a) Availability of sufficient arable land

(b) Existence of forest land and forests including reserves, general lands and village land

Enabling policies, legal framework, institutions, participation

(a) Existence of and provisions in Policies, legal framework and strategies for forests/forestland management/investment by all stakeholders,

(b) Existence of forest management structures including the Ministry of Lands, Tanzania Investment Centre, Tanzania Forest Service (TFS), charged with management of the national forests, District Councils which are in charge of forests in the districts and village level structure such as Village Natural Resources Committees (VNRC) for community level forest management,

(c) Political will and commitment especially in agriculture related investments with provisions such as Kilimo Kwanza, the Southern Agricultural Growth Corridor of Tanzania (SARGOT)

(d) Existence of a well developed agriculture extension services both at sector level and the LGAs

(e) Interest and willingness of forest products traders to operate in village lands

Enabling Policy, legal framework and institutions

(a) Existence of harvestable forests resources in most village lands, Existence of technology for wood processing

(b) Availability of timber and forest products’ markets

(c) Existence of legal framework and regulations

(d) Existence of transport infrastructure in Tanzania mainly roads and railroads that connect remote supply centres with trunk roads network and markets

(e) Availability of transport facilities including trucks, railway wagons

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CURRENT ISSUES ON LAND/FOREST RELATED INVESTMENT IN TANZANIA34

Mat

rix II

: Cur

rent

Issu

es/c

halle

nges

Rel

ated

to L

and

and

Fore

st In

vest

men

ts

La

nd b

ased

In

vest

men

t typ

e (s

elec

ted

exam

ples

)

Cate

gory

of

chal

leng

e Sp

ecifi

c Is

sues

/cha

lleng

es

(1)

Bioe

nerg

y La

nd a

cqui

sitio

n pr

oces

s

(a)

Requ

irem

ent o

f lar

ge c

hunk

s of

land

for v

iabi

lity o

n co

mm

ercia

l sca

le.

(b)

Misc

once

ptio

n on

land

ava

ilabi

lity w

ith p

oten

tial in

vest

or g

iven

an im

pres

sion

of “

rela

tivel

y ab

unda

nt id

le” l

and

“ava

ilabl

e” fo

r inv

estm

ent

(c)

Lack

of c

larit

y on

whe

ther

bio

ener

gy is

an

agric

ultu

ral in

vest

men

t or e

nerg

y in

vest

men

t?

(d)

Conf

licts

in la

nd u

se w

ith c

ases

suc

h as

bio

nerg

y pl

anta

tions

allo

cate

d on

pro

duct

ive a

rabl

e la

nd s

uch

as

Rufiji

, Usa

ngu,

Pan

gani

and

Wam

i bas

ins

inst

ead

the

earm

arke

d m

argi

nal/w

aste

land

s.

(e)

disp

lace

men

t of f

arm

ers/

com

mun

ities

with

impl

icatio

n on

tenu

re a

nd fo

od s

ecur

ity w

here

righ

ts o

f occ

upan

cy

and

deriv

ative

righ

ts a

re g

rant

ed to

fore

ign

inve

stm

ent f

or p

erio

ds u

p to

99

year

s re

newa

ble,

mea

ning

suc

h la

nd m

ay n

ot b

e av

aila

ble

for c

omm

unity

use

(f)

lo

w co

mpe

nsat

ions

for l

and

acqu

ired

from

com

mun

ities,

Po

licy

and

lega

l in

stru

men

ts

(a)

Sect

oral

con

flicts

: lan

d, fo

rest

s an

d wa

ter

reso

urce

s us

e wh

ere

agric

ultu

re la

nd w

as p

ut to

bio

fuel

, nat

ural

fo

rest

s cle

ared

and

con

verte

d to

mon

ocul

ture

i.e.

Jat

roph

a pl

anta

tions

, and

wat

er d

eman

d fo

r irri

gatio

n (b

) La

ck o

f tra

nspa

renc

y on

acq

uisit

ion

proc

ess,

eng

agem

ent o

f sta

keho

lder

and

unc

lear

inve

stm

ent m

otiva

tions

ha

s be

en p

oor w

ith m

otiva

tions

not

bei

ng e

xplic

it (c

) Un

met

nat

iona

l exp

ecta

tions

and

misi

nfor

med

adv

anta

ges

wher

e fo

r ins

tanc

e bi

ofue

l was

env

isage

d to

redu

ce

foss

il fue

l impo

rts a

nd p

rovis

ion

of c

lean

er e

nerg

y (d

) W

eak

enga

gem

ents

and

unc

lear

and

tang

ible

ben

efits

for c

omm

unitie

s

(e)

Lim

ited

empl

oym

ent

oppo

rtuni

ties

wher

e bi

oene

rgy

was

for

inst

ance

exp

ecte

d to

cre

ate

over

700

,000

em

ploy

men

t opp

ortu

nitie

s,

(f)

Abse

nce

of s

uppo

rtive

pol

icies

for

appr

oved

pro

ject

s by

the

Tanz

ania

Inve

stm

ent C

entre

mai

nly

unde

r th

e en

ergy

/agr

icultu

re c

ateg

orie

s ar

e no

t su

ppor

ted

by a

ppro

pria

te p

olici

es e

.g.

only

the

Biof

uel

Stra

tegi

c En

viron

men

t Ass

essm

ent (

SEA)

was

in p

lace

as

of 2

013

while

the

Liqu

id B

ioen

ergy

pol

icy, r

espe

ctive

lega

l fra

mew

ork

and

Gui

delin

es w

ere

yet t

o be

fina

lized

. En

viron

men

t (a

) In

vest

men

ts in

agr

icultu

re a

nd th

e re

late

d ag

ribus

ines

s co

uld

be im

pact

ed b

y cli

mat

e ch

ange

. Evid

ence

in

rece

nt y

ears

of s

horte

r rai

n se

ason

s an

d lo

nger

drie

r spe

lls, f

lood

ing

has

affe

cted

farm

ing,

ani

mal

hus

band

ry

(b)

Poor

irrig

atio

n sy

stem

s (c

) Un

relia

ble

wate

r and

hea

vy ra

infe

d fa

rmin

g (2

) W

ildlife

M

anag

emen

t Po

licy

conf

licts

(a) R

equi

rem

ent o

f via

ble

land

are

a th

at in

clude

eno

ugh

hold

ing

area

, via

ble

popu

latio

ns a

nd th

e su

ppor

tive

func

tions

(b

) Sec

urity

of l

and

acqu

ired

for l

ong

term

own

ersh

ip th

roug

h pu

rcha

sed

land

leas

es u

nder

diff

eren

t man

agem

ent

arra

ngem

ents

inclu

ding

hun

ting

bloc

ks a

nd a

nim

al s

anct

uarie

s (c

) Con

flicts

bet

ween

com

mun

ities,

wild

life m

anag

emen

t aut

horit

ies

and

inve

stor

s on

iss

ues

rela

ted

to

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CURRENT ISSUES ON LAND/FOREST RELATED INVESTMENT IN TANZANIA 35

Land

bas

ed

Inve

stm

ent t

ype

(sel

ecte

d ex

ampl

es)

Cate

gory

of

chal

leng

e Sp

ecifi

c Is

sues

/cha

lleng

es

com

mun

ities’

dis

plac

emen

t, (d

) blo

ckag

e of

cor

ridor

s fo

r wild

life a

nd d

omes

ticat

ed a

nim

als

Inve

stm

ent c

osts

, ca

pacit

y an

d be

nefit

s/re

turn

s

(a)

Lim

ited

devo

lutio

n to

loca

l com

mun

ities

on c

ontro

l ove

r wild

life a

nd fo

rest

reso

urce

s ut

ilizat

ion

on W

MAs

(b

) Pr

otra

cted

pro

cedu

res

to e

stab

lish

the

WM

As

(c)

High

cos

ts fo

r est

ablis

hing

the

WM

As m

ainl

y fa

cilita

ted

thro

ugh

dono

r pro

gram

mes

and

the

even

tual

m

anag

emen

t of t

he W

MAs

as

econ

omic

entit

ies

(d)

Lim

ited

and

unse

cure

tang

ible

com

mun

ity b

enef

its fo

r man

agem

ent/i

nves

tmen

t arra

ngem

ents

ent

ered

into

be

twee

n co

mm

unitie

s an

d th

e in

vest

ors

(e)

Lim

ited

nego

tiatio

n ca

pacit

ies

wher

e co

mm

unitie

s en

ter

into

man

agem

ent c

ontra

cts

with

inve

stor

s

(3)

Fore

sts

and

Fore

st la

nd

man

agem

ent

and

fore

st

harv

estin

g

Sec

urity

of l

and

tenu

re

(a)

Secu

rity

of la

nd te

nure

for c

omm

unitie

s on

thei

r live

lihoo

ds a

nd n

atur

al re

sour

ce e

spec

ially

whe

re v

illage

land

is

not

sur

veye

d an

d de

mar

cate

d wi

th la

nd u

se p

lans

. (b

) Ac

quis

ition

of la

rge

land

are

as m

ainl

y fo

r for

eign

inve

stm

ents

(c

) “L

and

grab

bing

” for

inve

stm

ents

attr

ibut

ed to

lim

ited

villa

ge le

ader

ship

cap

acity

and

com

mun

ities’

awa

rene

ss

on re

spec

tive

gove

rnin

g le

gal f

ram

ewor

ks a

nd p

roce

dure

s fo

r allo

catin

g la

nd.

(d)

Secu

rity

of t

he s

mal

l-sca

le l

andh

olde

rs a

nd l

ocal

com

mun

ities’

dep

enda

nt o

n th

eir

surro

undi

ng n

atur

al

reso

urce

s fo

r the

ir liv

elih

oods

. (e

) Vi

llage

land

con

flicts

rela

ted

to b

ound

ary

disp

utes

for n

eigh

bour

ing

villa

ges

espe

cially

for

villa

ges

that

hav

e no

t bee

n de

mar

cate

d an

d ha

ving

no la

nd u

se p

lans

whe

re s

uch

villa

ge la

nds

are

rega

rded

as

“ope

n ac

cess

la

nd.”

(f)

Lack

of r

esou

rces

and

cap

acity

for u

nder

takin

g Vi

llage

Lan

d Us

e Pl

anni

ng (V

LUP)

to a

ddre

ss p

oten

tial l

and

use

conf

licts

and

rela

ted

inve

stm

ents

. Mos

t VLU

P in

pla

ce h

ave

been

facil

itate

d us

ing

dono

r fun

ded

proj

ects

.

Polic

y co

nflic

ts

(a)

Sect

oral

pol

icy c

onflic

ts r

elat

e to

dive

rgen

ce in

prio

ritie

s. P

olicy

dire

ctive

s su

ch a

s ex

pans

ion

of a

gricu

lture

wi

thou

t ha

ving

in p

lace

the

req

uisi

te e

xten

sion

sup

port

and

prov

isio

n of

agr

icultu

re in

puts

has

res

ulte

d in

sh

iftin

g cu

ltivat

ion

lead

ing

to d

eple

tion

of fo

rest

s an

d re

late

d in

vest

men

ts. K

ilwa

dist

rict h

as b

een

earm

arke

d as

one

of t

he d

estin

atio

n fo

r pas

tora

lists

who

wer

e ev

icted

from

Ihef

u we

tland

in M

beya

. (b

) In

cohe

rent

pol

icy a

reas

tha

t ha

ve c

reat

ed a

mbi

guity

in t

enur

e an

d ow

ners

hip

e.g

. th

e “u

nuse

d la

nd”

as

prov

ided

for i

n th

e La

nd A

ct 1

999

wher

e su

ch la

nd u

nder

the

fore

st re

late

d la

ws h

as b

een

trans

late

d to

pub

lic

land

with

use

con

flicts

whe

re fo

r ins

tanc

e, th

e Ta

nzan

ia F

ores

t Ser

vice

issu

es h

arve

stin

g lic

ence

s fo

r for

ests

re

sour

ce w

ithou

t con

sulta

tion

and

shar

ing

bene

fits

with

com

mun

ities

Lega

l fra

mew

ork

(a)

Bure

aucr

acy

and

limite

d ca

pacit

y m

ainl

y at

the

dis

trict

lev

el,

with

pro

cedu

res

in p

lace

not

cre

atin

g th

e ne

cess

ary

ince

ntive

s fo

r for

est i

nves

tmen

ts in

cludi

ng h

arve

stin

g an

d tra

de.

(b)

Mul

tiple

lice

nsin

g an

d pe

rmits

that

are

tied

with

mul

tiple

taxe

s. T

hese

inclu

de R

egis

tratio

n fe

es in

villa

ges,

ha

rves

ting

licen

ces

paya

ble

to th

e Re

venu

e Co

llect

or e

ither

in th

e TF

S or

the

dist

rict c

ounc

il of

fice,

regi

stra

tion

fees

at d

istri

ct le

vel a

nd b

usin

ess

licen

ce a

nd T

anza

nia

Reve

nue

Auth

ority

(TR

A) a

nnua

l fee

s. T

he m

ultip

le

Page 46: Tanzania Natural Resource Forum (TNRF) - …...CURRENT ISSUES ON LAND/FOREST RELATED INVESTMENT IN TANZANIA ii 5.3 Land Acquisition and Investments Information 21 5.4 Land Ownership

CURRENT ISSUES ON LAND/FOREST RELATED INVESTMENT IN TANZANIA36

Land

bas

ed

Inve

stm

ent t

ype

(sel

ecte

d ex

ampl

es)

Cate

gory

of

chal

leng

e Sp

ecifi

c Is

sues

/cha

lleng

es

taxe

s se

rve

as d

isin

cent

ive fo

r com

plia

nce.

(c

) Li

mite

d pa

rticip

atio

n of

the

priva

te s

ecto

r in

som

e ke

y de

cisio

ns s

uch

as th

e re

visio

n of

the

fore

st ro

yaltie

s an

d ot

her f

ees

that

has

led

to p

oor c

ompl

ianc

e.

Know

ledg

e an

d In

form

atio

n ga

ps

(a)

Critic

al in

form

atio

n on

land

and

fore

st re

sour

ces

not r

eadi

ly av

aila

ble.

For i

nsta

nce,

the

TFS

com

plet

ed a

cou

ntry

wide

fore

st in

vent

ory

work

ear

ly 20

13 th

at p

rovid

es in

form

atio

n on

the

fore

st re

sour

ces;

suc

h kn

owle

dge

has

not b

een

pass

ed o

n to

the

dist

ricts

, villa

ges

and

the

priva

te

sect

or u

sers

. �

Fore

st la

ws a

nd re

gula

tions

are

not

cle

ar to

mos

t com

mun

ities

and

not i

n us

er fr

iend

ly la

ngua

ge.

� Ab

senc

e of

con

solid

ated

and

ela

bora

te i

nfor

mat

ion

nece

ssar

y pr

oced

ures

and

reg

ulat

ions

gov

erni

ng

fore

st h

arve

stin

g in

cludi

ng a

ppro

pria

te te

chno

logy

for

timbe

r sa

wing

that

com

mun

ities

and

trade

rs c

an

easi

ly ac

cess

. Ca

pacit

y ga

p

(a)

Inco

mpl

ete

devo

lutio

n: th

e de

cent

raliz

atio

n of

fore

st m

anag

emen

t to

villa

ges

and

com

mun

ities

is n

ot c

oupl

ed

with

the

nec

essa

ry f

acilit

atio

n. L

imite

d ca

pacit

y in

the

villa

ge c

ounc

ils a

nd c

omm

unitie

s in

cludi

ng la

ck o

f pr

oper

villa

ge o

ffice

s fo

r ad

min

istra

tion

and

reco

rds,

tra

nspo

rt fa

cilitie

s an

d un

ders

tand

ing

of r

egul

atio

ns

rest

ricts

acc

ount

abilit

y on

the

dist

rict,

villa

ge le

ader

ship

and

com

mun

ities’

par

t.

(b)

Reve

nue

loss

es a

ttrib

uted

to li

mite

d ca

pacit

y of

fore

st o

ffice

rs, t

rade

rs a

nd c

omm

uniti

es to

und

erta

ke p

rope

r as

sess

men

t and

app

ly ap

prop

riate

roya

lty ra

tes

and

fees

. (c

) Ac

coun

tabi

lity re

late

d to

poo

r com

plia

nce

syst

em le

adin

g to

cor

rupt

pra

ctice

s wh

ere

prod

ucts

are

eith

er u

nder

ch

arge

d or

pay

men

ts m

ade

in v

illage

s no

t sup

porte

d by

pro

per r

ecei

pts

to c

onfir

m le

gality

of t

he p

aym

ents

an

d th

e le

gitim

ate

use

of s

uch

mon

ey in

sup

porti

ng fo

rest

man

agem

ent.

For e

xam

ple,

ther

e wa

s no

evid

ence

on

the

use

of th

e tre

e pl

antin

g le

vy o

f 5%

per

bag

of c

harc

oal c

harg

ed a

s es

tabl

ishe

d by

the

loca

l gov

ernm

ent

levy

bei

ng u

sed

for t

he in

tend

ed p

urpo

se.

Page 47: Tanzania Natural Resource Forum (TNRF) - …...CURRENT ISSUES ON LAND/FOREST RELATED INVESTMENT IN TANZANIA ii 5.3 Land Acquisition and Investments Information 21 5.4 Land Ownership

CURRENT ISSUES ON LAND/FOREST RELATED INVESTMENT IN TANZANIA 37

Mat

rix II

Iː Li

nkag

es a

nd Im

pact

s of

For

est r

elat

ed E

nter

pris

e to

Lan

d rig

hts

Link

ages

and

Impa

cts

of F

ores

t rel

ated

Ent

erpr

ise

to L

and

right

s (1

) Li

nkag

es o

f For

est

rela

ted

ente

rpris

es

to la

nd ri

ghts

(a)

Acce

ss to

land

Ac

cess

to fo

rest

land

pro

vides

for a

cces

s to

fore

st b

ased

pro

duct

s an

d se

rvice

s in

cludi

ng w

ood

prod

ucts

suc

h as

tim

ber a

nd p

oles

trad

ed

mor

e on

the

com

mer

cial s

cale

, and

the

non-

timbe

r pro

duct

s su

ch a

s ho

ney,

fuel

wood

, med

icina

l com

pone

nts,

veg

etab

les,

oils

, for

age

and

fruits

that

ser

ve a

s su

bsis

tenc

e m

ater

ials

for h

ouse

hold

live

lihoo

ds a

nd in

com

es. F

ores

t ent

erpr

ises

in th

is c

ateg

ory

will

depe

nd o

n on

e ha

ving

land

righ

ts b

e th

ey a

t com

mun

ity s

ubsi

sten

ce o

r com

mer

cial s

cale

.

(b)

Inve

stm

ent s

ecur

ity

Inve

stm

ents

in fo

rest

inclu

ding

est

ablis

hmen

t of p

lant

atio

n fo

rest

s re

quire

acc

ess

to a

nd la

nd o

wner

ship

righ

t to

secu

re s

uch

inve

stm

ents

. W

here

land

righ

ts a

re n

ot s

ecur

e, re

late

d en

terp

rises

are

als

o in

secu

re.

(c)

Fore

st b

ased

live

lihoo

d sa

fety

net

s Fo

rest

pro

duct

s se

rve

as li

velih

ood

safe

ty n

ets

for m

ost c

omm

unitie

s an

d al

so fo

rm p

art o

f the

form

al in

com

es w

hen

regu

lar a

gricu

ltura

l cr

ops

have

faile

d. F

ores

t rel

ated

ent

erpr

ises

inclu

ding

the

info

rmal

pro

duct

s an

d se

rvice

s at

loca

l lev

el d

epen

d on

com

mun

ities

havin

g ac

cess

to

fore

st la

nds.

In

the

rec

ent

year

s, t

here

has

bee

n a

grow

ing

dem

and

for

fore

st b

ased

med

icina

l pro

duct

s th

at h

ave

now

deve

lope

d to

for

mal

reg

ular

pro

duct

s wi

th b

rand

s an

d tra

dem

arks

. G

uara

ntee

d su

pply

of s

uch

prod

ucts

will

depe

nd o

n co

ntin

ued

exis

tenc

e of

resp

ectiv

e sp

ecie

s an

d th

eir a

cces

s.

(d)

Cons

erva

tion/

man

agem

ent s

trate

gy

Thro

ugh

dece

ntra

lizat

ion

of f

ores

t m

anag

emen

t, co

mm

unitie

s ha

ve s

een

the

need

to

secu

re f

ores

ts i

n th

eir

villa

ge l

ands

thr

ough

es

tabl

ishm

ent

of v

illage

lan

d fo

rest

res

erve

s an

d al

so e

nter

ing

into

man

agem

ent

agre

emen

ts w

ith t

he F

ores

t au

thor

ities

in t

he

man

agem

ent o

f for

ests

rese

rves

.

(2)

Key

fore

st re

late

d im

pact

s to

land

rig

hts

(a)

Land

use

cha

nges

La

rge

fore

st p

lant

atio

ns in

cludi

ng b

iofu

els

requ

ire la

rge

land

are

as th

at in

volve

tran

sfer

of l

and

owne

rshi

p rig

hts

from

wha

t was

eith

er

gene

ral l

and

and/

or s

mal

l hol

der c

omm

unity

land

to th

e m

ore

com

mer

cial p

rivat

e pl

anta

tions

und

er le

ase

hold

s wi

th te

rms

rang

ing

from

33

to

99 y

ears

. Es

tabl

ishm

ent

of b

iofu

el p

lant

atio

ns in

volve

s co

nver

sion

of

bio-

dive

rse

natu

ral f

ores

ts t

o m

onoc

ultu

re c

rop

such

as

Jatro

pha.

Be

side

s lim

iting

com

mun

ity a

cces

s to

suc

h la

nds,

the

mos

t si

gnific

ant

impa

ct is

the

loss

of

biod

ivers

ity t

hat

prov

ides

for

Page 48: Tanzania Natural Resource Forum (TNRF) - …...CURRENT ISSUES ON LAND/FOREST RELATED INVESTMENT IN TANZANIA ii 5.3 Land Acquisition and Investments Information 21 5.4 Land Ownership

CURRENT ISSUES ON LAND/FOREST RELATED INVESTMENT IN TANZANIA38

Link

ages

and

Impa

cts

of F

ores

t rel

ated

Ent

erpr

ise

to L

and

right

s pr

oduc

ts a

nd s

ervic

es d

epen

ded

upon

by

com

mun

ities

(b)

Emer

ging

mar

kets

for f

ores

t rel

ated

pro

duct

s an

d se

rvic

es le

adin

g to

acq

uisi

tion

of la

nd fo

r com

mer

cial

val

ues

The

glob

al a

nd n

atio

nal e

fforts

to a

ddre

ss C

limat

e ch

ange

impa

cts

inclu

de in

itiativ

e fo

r red

uced

em

issi

on fr

om d

efor

esta

tion

and

fore

st

degr

adat

ion

(RED

D+).

Adop

tion

of th

e RE

DD+

prov

ides

an

oppo

rtuni

ty fo

r the

cou

ntry

to b

enef

it fro

m fi

nanc

ial m

echa

nism

s th

at re

cogn

ize

sust

aina

ble

fore

st m

anag

emen

t as

an a

venu

e fo

r red

ucin

g em

issi

ons

and

incr

easi

ng c

arbo

n st

orag

e. T

his

new

fore

st b

enef

it ha

s re

newe

d an

d in

crea

sed

inte

rest

in fo

rest

land

acq

uisi

tion

and

man

agem

ent.

The

Clea

n De

velo

pmen

t Mec

hani

sm (

CDM

) is

als

o a

rela

ted

fore

st

man

agem

ent a

rrang

emen

t tha

t is

enco

urag

ing

acqu

isitio

n an

d m

anag

emen

t of f

ores

t lan

d th

roug

h th

e pr

ivate

sec

tor i

nves

tmen

t mai

nly

on

mitig

atin

g cli

mat

e ch

ange

impa

cts.

(c)

Land

and

fore

st d

egra

datio

n le

adin

g to

shi

fting

land

use

s –

shift

ing

agric

ultu

re, p

asto

ral/g

razi

ng la

nds

Land

use

shi

fts a

nd c

onflic

ts: D

egra

datio

n of

fore

st la

nds

as a

resu

lt of

shi

fting

cul

tivat

ion,

cle

aran

ce o

f for

est f

or p

astu

re/g

razin

g la

nd,

fore

st fi

res

and

drou

ghts

hav

e co

ntrib

uted

to la

nd u

se s

hifts

with

the

resu

ltant

land

and

reso

urce

s us

e co

nflic

ts e

spec

ially

whe

re v

illage

la

nds

are

not d

emar

cate

d an

d la

nd u

se p

lans

dev

elop

ed.

Fore

st la

nd e

xpan

sion:

Incr

easi

ng fo

rest

deg

rada

tion

has

prom

pted

exp

ansi

on o

f for

est l

and

unde

r var

ious

form

s of

man

agem

ent.

Such

fo

rest

s in

clude

fore

st r

eser

ves

and

natu

re fo

rest

s re

serv

es, l

ocal

aut

horit

y fo

rest

res

erve

s an

d fo

rest

s on

gen

eral

land

, villa

ge fo

rest

s wh

ich a

re m

ade

up o

f villa

ge la

nd fo

rest

rese

rves

; com

mun

ity fo

rest

rese

rves

, and

the

priva

te fo

rest

s. C

omm

unity

fore

st v

illage

com

pris

e of

for

ests

own

ed b

y pr

ivate

villa

gers

on

villa

ge la

nd a

nd f

ores

ts o

n vil

lage

or

gene

ral l

and

upon

whi

ch a

leas

e or

gra

nted

rig

hts

of

occu

panc

y ha

s be

en a

ward

ed to

an

indi

vidua

l or c

orpo

rate

bod

y fo

r the

pur

pose

s of

fore

sts

man

agem

ent.

Whi

le e

xpan

sion

of p

rote

cted

fo

rest

land

or e

stab

lishm

ent o

f for

ests

ser

ves

to s

ecur

e th

e fo

rest

for t

he n

eces

sary

pro

duct

s an

d se

rvice

s, th

e ga

zette

d fo

rest

land

den

ies

such

land

s be

ing

avai

labl

e fo

r alte

rnat

ive u

ses

and

ther

efor

e lim

iting

acce

ss a

nd ri

ghts

by

othe

r use

rs.

(d)

Mar

kets

for f

ores

t pro

duct

s Th

e ex

istin

g lo

cal a

nd e

xpor

t mar

ket f

or ti

mbe

r has

cre

ated

hig

h de

man

d fo

r lan

d fo

r est

ablis

hing

fore

st p

lant

atio

ns. T

his

is a

cha

lleng

e fo

r vil

lage

s to

sec

ure

thei

r lan

d es

pecia

lly w

here

suc

h la

nds

are

not s

ecur

ed th

roug

h ga

zette

d vil

lage

land

s an

d la

nd u

se p

lans

.

Page 49: Tanzania Natural Resource Forum (TNRF) - …...CURRENT ISSUES ON LAND/FOREST RELATED INVESTMENT IN TANZANIA ii 5.3 Land Acquisition and Investments Information 21 5.4 Land Ownership

CURRENT ISSUES ON LAND/FOREST RELATED INVESTMENT IN TANZANIA 39

Mat

rix IV

: Rec

omm

ende

d In

terv

entio

ns a

nd E

ntry

poi

nts

for T

NRF

Reco

mm

enda

tion

Spec

ific

entry

poi

nt

Prio

rity

base

d on

the

TNRF

Prio

rity

Stra

tegy

Re

leva

nt T

NRF

Prio

rity

Stra

tegy

1.

Faci

litat

ing

Enab

ling

Land

la

ws

and

tenu

re s

ecur

ity

(a)

Facil

itate

the

func

tioni

ng o

f lan

d us

e co

nflic

ts m

anag

emen

t ins

titut

ions

to

redu

ce th

e wi

desp

read

land

use

con

flicts

bet

ween

farm

ers

and

lives

tock

ke

eper

s, c

omm

unitie

s an

d la

rge

scal

e in

vest

ors

and

com

mun

ities

and

gove

rnm

ent i

nves

tmen

ts s

uch

as p

rote

cted

wild

life/fo

rest

s (Im

med

iate

) (b

) Fa

cilita

te/c

ontri

bute

to r

evis

ion

of th

e Vi

llage

Lan

d Ac

t to

prov

ide

for

the

corre

ct i

nter

pret

atio

n of

gen

eral

lan

d w

ith r

espe

ct t

o un

occu

pied

or

unus

ed v

illage

land

(Mid

term

) (c

) Lo

bby

for

villa

ge l

and

secu

rity

beyo

nd t

he u

ser

right

s to

gua

rant

ee

inve

stm

ent (

Mid

term

) (d

) Fa

cilita

te g

rant

ing

of v

illage

land

and

cus

tom

ary

right

s of

occ

upan

cy w

hich

ar

e cr

itical

for c

omm

unitie

s (M

idte

rm)

(e)

Cont

ribut

e to

iden

tifyin

g an

d m

appi

ng o

f pot

entia

l res

ourc

es a

nd fa

cilita

tion

requ

ired

to s

uppo

rt fin

aliza

tion

of th

e vil

lage

land

and

cus

tom

ary

right

s of

oc

cupa

ncy

as w

ell a

s la

nd u

se p

lans

in li

ne w

ith th

e Na

tiona

l Lan

d Us

e Fr

amew

ork

Polic

y (2

009-

2029

) fo

cusi

ng o

n th

e im

med

iate

, m

idte

rm a

nd

long

er te

rm fa

cilita

tion

(Imm

edia

te/M

idte

rm).

(a)

(Im

med

iate

) (b

) (M

idte

rm)

(c)

(Mid

term

) (d

) (M

idte

rm)

(e)

(Imm

edia

te/M

idte

rm).

Prio

rity

Stra

tegy

1. F

acilit

atin

g pl

atfo

rms:

By

st

reng

then

ing

dial

ogue

and

opp

ortu

nitie

s fo

r kn

owle

dge

and

info

rmat

ion

shar

ing,

bui

ldin

g a

know

ledg

e ba

se

for

enab

ling

chan

ge

advo

cacy

an

d st

reng

then

ing

citize

ns

voice

th

roug

h st

rong

co

mm

unica

tions

an

d m

edia

en

gage

men

t

Prio

rity

Stra

tegy

4:

Land

and

in

vest

men

t: En

gagi

ng

mul

ti-st

akeh

olde

r di

alog

ue

on

land

an

d in

vest

men

t in

Ta

nzan

ia,

(inclu

ding

em

ergi

ng in

vest

men

ts

- co

al,

oil,

gas,

m

iner

als)

to

ad

dres

s th

ese

pote

ntia

l ar

eas

for

natu

ral r

esou

rce

conf

lict a

nd

sust

aina

ble

deve

lopm

ent a

cros

s

Page 50: Tanzania Natural Resource Forum (TNRF) - …...CURRENT ISSUES ON LAND/FOREST RELATED INVESTMENT IN TANZANIA ii 5.3 Land Acquisition and Investments Information 21 5.4 Land Ownership

CURRENT ISSUES ON LAND/FOREST RELATED INVESTMENT IN TANZANIA40

Reco

mm

enda

tion

Spec

ific

entry

poi

nt

Prio

rity

base

d on

the

TNRF

Prio

rity

Stra

tegy

Re

leva

nt T

NRF

Prio

rity

Stra

tegy

the

coun

try

2.

Prom

otin

g Su

stai

nabl

e an

d Sm

art

Land

/For

est

Inve

stm

ent

(a)

Enga

ge i

n de

velo

pmen

t of

Inv

esto

rs G

uide

and

pro

mot

ion

inclu

ding

in

form

atio

n sh

arin

g (M

id te

rm)

(b)

Facil

itate

est

ablis

hmen

t an

d fu

nctio

ning

for

ums/

dial

ogue

s fo

r m

ajor

/key

ac

tors

fo

r in

vest

men

t m

obiliz

atio

n/

prom

otio

n fo

cusi

ng

on

iden

tifie

d m

ediu

m

and

long

te

rm

natio

nal

prio

ritie

s,

wher

e th

is

woul

d in

volve

en

gagi

ng

the

priva

te

sect

or

thro

ugh

eith

er

the

sole

pr

ivate

se

ctor

in

vest

men

t or P

ublic

, Priv

ate

Partn

ersh

ip (P

PP) a

t all l

evel

s (Im

med

iate

) (c

) Do

cum

ent

and

shar

e th

e ne

cess

ary

fram

ewor

ks t

hat

crea

te e

nabl

ing

envir

onm

ent

for

land

/fore

st

inve

stm

ent

inclu

ding

in

cent

ives

and

oppo

rtuni

ties

such

as

tenu

re a

nd o

wner

ship

rig

hts.

Thi

s co

uld

be p

art o

f th

e In

vest

ors’

Gui

de (

Imm

edia

te)

(d)

Facil

itate

dev

elop

men

t of

inv

esto

r-com

mun

ity e

ngag

emen

t gu

idel

ines

to

assi

st v

illage

s ne

gotia

te fo

r bes

t par

tner

ship

arra

ngem

ents

(Im

med

iate

). (e

) Fa

cilita

te

deve

lopm

ent

of

a

“bro

ker”

mec

hani

sm

that

wi

ll as

sist

co

mm

unitie

s en

ter

into

fav

orab

le d

eals

inclu

ding

put

ting

thei

r la

nd a

s a

capi

tal c

ontri

butio

n to

land

/fore

st in

vest

men

ts (M

idte

rm)

(f)

Parti

cipat

e an

d co

ntrib

ute

to t

he r

evie

w, lo

bby

and

advo

cate

for

Villa

ge

Land

on

Gen

eral

Lan

d to

rem

ain

as s

ecur

e an

d le

gitim

ate

villa

ge la

nd

with

out o

ptio

ns fo

r tra

nsfe

r as

GRO

(Mid

term

)

(a)

Mid

term

(b

) Im

med

iate

(c

) Im

med

iate

(d

) Im

med

iate

(e

) M

idte

rm

(f)

(Mid

term

Prio

rity

Stra

tegy

4: L

and

and

inve

stm

ent:

Enga

ging

mul

ti-st

akeh

olde

r dia

logu

e on

land

an

d in

vest

men

t in

Tanz

ania

, (in

cludi

ng e

mer

ging

inve

stm

ents

- c

oal,

oil,

gas,

min

eral

s) to

ad

dres

s th

ese

pote

ntia

l are

as

for n

atur

al re

sour

ce c

onflic

t and

su

stai

nabl

e de

velo

pmen

t acr

oss

the

coun

try

Page 51: Tanzania Natural Resource Forum (TNRF) - …...CURRENT ISSUES ON LAND/FOREST RELATED INVESTMENT IN TANZANIA ii 5.3 Land Acquisition and Investments Information 21 5.4 Land Ownership

CURRENT ISSUES ON LAND/FOREST RELATED INVESTMENT IN TANZANIA 41

Reco

mm

enda

tion

Spec

ific

entry

poi

nt

Prio

rity

base

d on

the

TNRF

Prio

rity

Stra

tegy

Re

leva

nt T

NRF

Prio

rity

Stra

tegy

3.

Avai

labi

lity

of

Land

Ac

quis

ition

and

In

vest

men

ts

Info

rmat

ion:

(a)

Facil

itate

est

ablis

hmen

t of

a c

oord

inat

ion

mec

hani

sm b

etwe

en r

elev

ant

sect

ors

and

inst

itutio

ns i.

e M

inis

try o

f Lan

ds, H

ousi

ng

and

Settl

emen

ts

Deve

lopm

ent

(MoL

HSD)

, M

inis

try

of

Agric

ultu

re,

Food

Se

curit

y an

d Co

oper

ative

s (M

AFSC

) Pr

ime

Min

iste

rs’ O

ffice

(Re

gion

al a

dmin

istra

tion

and

Loca

l Gov

ernm

ents

(PM

O –

RALG

) an

d Ta

nzan

ia In

vest

men

t Cen

tre

(TIC

) – (I

mm

edia

te/M

idte

rm)

(b)

Esta

blis

h in

form

atio

n on

land

ava

ilabi

lity f

or v

illage

pla

ns,

othe

r na

tiona

l pl

ans

and

emer

ging

inve

stm

ent (

Imm

edia

te)

(c)

Colla

te v

ario

us l

and

use

plan

s an

d sy

nchr

onize

suc

h in

form

atio

n wi

th

inve

stm

ent p

riorit

ies

unde

r the

Tan

zani

a In

vest

men

t Cen

tre (M

idte

rm)

(a)

Imm

edia

te/M

idte

rm

(b)

Imm

edia

te

(c)

Mid

term

Prio

rity

Stra

tegy

4: L

and

and

inve

stm

ent:

Enga

ging

mul

ti-st

akeh

olde

r dia

logu

e on

land

an

d in

vest

men

t in

Tanz

ania

, (in

cludi

ng e

mer

ging

inve

stm

ents

- c

oal,

oil,

gas,

min

eral

s) to

ad

dres

s th

ese

pote

ntia

l are

as

for n

atur

al re

sour

ce c

onflic

t and

su

stai

nabl

e de

velo

pmen

t acr

oss

the

coun

try

4.

Prom

otin

g La

nd

owne

rshi

p an

d G

over

nanc

e

(a)

Asse

ssin

g an

d un

ders

tand

ing

the

leve

l of

villa

ge la

nd d

emar

catio

n an

d la

nd u

se p

lann

ing

in th

e co

untry

i.e.

how

man

y vil

lage

s/ %

of d

emar

cate

d vil

lage

s; %

of v

illage

s, d

istri

cts

with

land

use

pla

ns (M

idte

rm)

(b)

Map

ping

ong

oing

and

pla

nned

villa

ge l

and

dem

arca

tion

and

land

use

pl

anni

ng i

nter

vent

ions

and

gap

s i.e

. id

entif

y wh

ich v

illage

s ar

e un

der

dem

arca

tion

and

land

use

pla

ns b

eing

dev

elop

ed; w

ho is

facil

itatin

g su

ch

inte

rven

tions

and

whe

ther

the

re is

a c

lear

roa

dmap

for

dem

arca

ting

the

rem

aini

ng o

nes

(Mid

term

) (c

) Id

entif

y ex

istin

g an

d po

tent

ial f

undi

ng o

ppor

tuni

ties

to s

uppo

rt vil

lage

land

de

mar

catio

n an

d la

nd u

se p

lann

ing

and

linkin

g wi

th v

ario

us p

laye

rs

(gov

ernm

ent,

deve

lopm

ent p

artn

ers’

pro

gram

mes

and

NG

Os)

to m

obiliz

e th

e re

quire

d re

sour

ces

(Mid

term

) (d

) Fa

cilita

te t

he f

unct

ioni

ng o

f la

nd g

over

nanc

e in

stitu

tions

inc

ludi

ng t

he

Villa

ge &

War

d La

nd B

araz

as (I

mm

edia

te),

(e

) Su

ppor

t dev

elop

men

t and

enf

orce

men

t of r

espe

ctive

by-

laws

; stre

ngth

en

villa

ge

leve

l ne

gotia

tion

capa

city

wher

e ex

tern

al

inve

stm

ents

ar

e en

visag

ed w

ith p

rovis

ions

for l

egal

sup

port

from

the

dist

rict a

nd M

inis

teria

l le

vels

(Im

med

iate

).

(a)

Mid

term

(b

) M

idte

rm

(c)

Mid

term

Prio

rity

Stra

tegy

4: L

and

and

inve

stm

ent:

Enga

ging

mul

ti-st

akeh

olde

r dia

logu

e on

land

an

d in

vest

men

t in

Tanz

ania

, (in

cludi

ng e

mer

ging

inve

stm

ents

- c

oal,

oil,

gas,

min

eral

s) to

ad

dres

s th

ese

pote

ntia

l are

as

for n

atur

al re

sour

ce c

onflic

t and

su

stai

nabl

e de

velo

pmen

t acr

oss

the

coun

try

Page 52: Tanzania Natural Resource Forum (TNRF) - …...CURRENT ISSUES ON LAND/FOREST RELATED INVESTMENT IN TANZANIA ii 5.3 Land Acquisition and Investments Information 21 5.4 Land Ownership

CURRENT ISSUES ON LAND/FOREST RELATED INVESTMENT IN TANZANIA42

Reco

mm

enda

tion

Spec

ific

entry

poi

nt

Prio

rity

base

d on

the

TNRF

Prio

rity

Stra

tegy

Re

leva

nt T

NRF

Prio

rity

Stra

tegy

(f)

Supp

ort

villa

ge a

nd h

ouse

hold

lan

d ow

ners

hip

in p

roce

sses

suc

h as

wo

rkin

g wi

th v

ario

us p

laye

rs t

o fa

cilita

te r

espe

ctive

com

mun

ities

and

hous

ehol

ds to

sec

ure

land

thro

ugh

arra

ngem

ents

suc

h as

cus

tom

ary

land

tit

les

and

villa

ge

land

de

mar

catio

n an

d la

nd

use

plan

ning

(M

idte

rm/L

ongt

erm

) (g

) Pr

omot

e an

d fa

cilita

te a

cces

s to

info

rmat

ion

on la

nd a

nd fo

rest

inve

stm

ent

inclu

ding

po

licie

s,

laws

an

d gu

idel

ines

to

in

fluen

ce

land

ba

sed

inve

stm

ents

(Imm

edia

te)

(h)

Broa

den

LGAs

and

villa

ges

capa

city

on l

and/

fore

st r

elat

ed i

nves

tmen

t gu

idel

ines

inclu

ding

dev

elop

men

t and

dis

sem

inat

ion

of

popu

lar

vers

ions

(Im

med

iate

/Mid

term

) (i)

Ch

ampi

on

trans

pare

nt

inve

stm

ents

pr

oces

s in

cludi

ng

prio

ritiza

tion

of

inve

stm

ents

bas

ed o

n lo

ng te

rm o

ppor

tuni

ties

(Mid

term

)

(d)

Imm

edia

te

(e)

Imm

edia

te

(f)

Mid

term

/Lon

gter

m

(g)

Imm

edia

te

(h)

Imm

edia

te/M

idte

rm

(i)

Mid

term

5.

Su

stai

ning

Co

mm

unity

Ba

sed

Natu

ral

Reso

urce

M

anag

emen

t

(a)

Facil

itate

est

ablis

hmen

t and

func

tioni

ng o

f Sec

tor/s

ubse

ctor

dia

logu

es a

t Lo

cal g

over

nmen

ts a

nd C

omm

unity

leve

ls o

n CB

NRM

pro

cess

es th

at w

ill fa

cilita

te p

uttin

g po

licie

s to

pra

ctice

(Im

med

iate

) (b

) Fa

cilita

te

esta

blis

hmen

t of

fo

rmal

m

echa

nism

s th

at

will

prov

ide

oppo

rtuni

ties

to

shar

e le

sson

s,

expe

rienc

es

and

succ

ess

stor

ies

parti

cula

rly o

n th

e m

ediu

m a

nd l

ong

term

s CB

NRM

rel

ated

cos

ts a

nd

bene

fits.

Thi

s is

crit

ical t

o al

low

for c

ontin

uous

pol

icy d

evel

opm

ent t

owar

ds

fully

dev

olve

d na

tura

l res

ourc

es m

anag

emen

t (Im

med

iate

) (c

) G

uide

an

d su

ppor

t co

mm

unitie

s’

enga

gem

ent

in

REDD

+/CD

M

inte

rven

tions

inc

ludi

ng c

reat

ing

awar

enes

s on

how

for

ests

pro

vide

an

(a)

Imm

edia

te

(b)

Imm

edia

te

Prio

rity

Stra

tegy

2.

CBNR

M:

Prom

otin

g Co

mm

unity

Ba

sed

Natu

ral

Reso

urce

Man

agem

ent

(CBN

RM)

as

the

focu

s fo

r st

reng

then

ing

citize

ns v

oice

in

the

fore

stry

, ran

gela

nds,

wild

life

and

fishe

ries

them

atic

area

s ac

ross

th

e co

untry

an

d at

co

mm

unity

lev

el i

n at

lea

st 2

0 di

stric

ts b

y 20

16

Page 53: Tanzania Natural Resource Forum (TNRF) - …...CURRENT ISSUES ON LAND/FOREST RELATED INVESTMENT IN TANZANIA ii 5.3 Land Acquisition and Investments Information 21 5.4 Land Ownership

CURRENT ISSUES ON LAND/FOREST RELATED INVESTMENT IN TANZANIA 43

Reco

mm

enda

tion

Spec

ific

entry

poi

nt

Prio

rity

base

d on

the

TNRF

Prio

rity

Stra

tegy

Re

leva

nt T

NRF

Prio

rity

Stra

tegy

aven

ue fo

r fin

ancia

l mec

hani

sm, i

ncen

tive

sche

mes

and

ben

efits

indi

cate

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CURRENT ISSUES ON LAND/FOREST RELATED INVESTMENT IN TANZANIA44

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CURRENT ISSUES ON LAND/FOREST RELATED INVESTMENT IN TANZANIA 45

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About Tanzania Natural Resource Forum (TNRF)

1. Since its official REGISTRATION in 2006, the Tanzania Natural Resource Forum(TNRF)hascontinuedtobeamembership-basednon-governmentalorganization,bringing together members to change policy and practice in the natural resource sector for the better by: building and sharing a knowledge base of practice, strengthening citizen voice and skills for improved natural resource governance, and by continuously improving its networks and organizational development.

2. TNRF MEMBERS have continuously been drawn from representatives of civil society organizations, academia, private sector and individuals with an interest in improving natural resources governance in Tanzania. TNRF also networks with a broad range of regional and international stakeholders. To increase its reach across Tanzania, TNRFdevelopedaSTRATEGYfor2012-2016towidenitsworkingthroughdiversemembership and through engagement with members and partners in projects and programs,andbytargetingspecificcommunitiesatdistrictlevel.

3. The VISION has always been to see policy and practice in the natural resource sector changed for the better– through improved governance and accountability.

4. Our MISSION is to bring about improved natural resource governance in Tanzania bybeingademand-drivennetworkofmembersandpartnersthathelpspeopletobridge the gap between people’s local natural resource management needs and practices, and national natural resource management priorities, policies, laws and programs.

5. TNRF’sstrategyfor2012-2016isgearedtowardsprovidingsignificantcontributionto achieving three main OUTCOMES: (1) A knowledge base developed for natural resource governance, (2) Citizen’s voice and skills strengthened for improved natural resource governance, and (3) TNRF’s networks, organisational management and development continuously improved to better support citizens based voices and action. These Outcomes will be achieved through a working framework of seven MAJOR STRATEGIES for both external and internal environment: Facilitating platforms, promoting CBNRM, Climate change, Land and investment, Building relationships, Organisational capacity, and Resource development.

© Tanzania Natural Resource Forum 2014

P.O. Box 15605Plot No.10, Corridor, Arusha

Tanzaniawww.tnrf.org


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