Land Title and Water in Rural Tanzania:

Tanzania is a country of contrasts. In recent decades, it has experienced a healthy economic growth rate, with annual GDP growth between 2012 and 2016 set to exceed 7 percent. At the same time, it suffered from drought and food insecurity in 2009 and 2010. In addition, the year-on-year rate of food inflation remains unchanged at 25.3 percent, and the food component of the consumer price index, which accounts for 47.8 percent of the basket of goods used to measure inflation, has also seen an increase. In 2012, an estimated 1 million people are food insecure while 42 percent of households regularly have inadequate food. Tanzania ranks 54th in the 2012 GHI out of 79 countries.

Farming is the mainstay of Tanzanian life, with more than 80 percent of Tanzanians relying on agriculture for their livelihoods. Of the estimated 2.1 million hectares under production, 95 percent is cultivated by smallholder farmers with holdings of between 0.9 and 3.0 hectares. These farmers use traditional methods and produce primarily for subsistence.

These farmers face many challenges including low productivity, dependence on rainfed agriculture, underdeveloped support facilities, inappropriate technology, impediments to food market access, and low levels of public expenditure. But there is one underlying challenge of which many are unaware. Although more than 90 percent of farmers claim ownership, the reality is that less than 10 percent of Tanzanians hold official title to their land.

Tanzania’s 1999 Land Act No. 4 and Village Land Act No. 5 were established to allow smallholder farmers to formalize their landownership by acquiring a certificate of customary right of occupancy (CCRO). The acts recognize occupancy of land and seek to legally secure existing rights, especially the customary rights of smallholders. They give women the same rights as men to acquire, hold, use, and transfer land, either in their own name or jointly with men, regardless of customary and religious restrictions. Aside from securing land tenure, CCROs were also intended to be used as collateral, enabling farmers to purchase equipment and inputs in order to increase production, food security, and livelihood standards.

There have been challenges, however, in implementing the acts. Most occupancy rights have not been registered, and as CCROs are not recognized as instruments of mortgage, financial institutions are reluctant to recognize them as collateral. In addition, while the land laws recognize women’s equal right to secure tenure, customary law and traditional practices can mean these provisions are not realized. Married women are not allowed to transact property without their husband’s permission, and attitudes and behaviors can be such that women prefer not to be involved in land issues.

Given these difficulties, the government initiated a Strategic Plan for the Implementation of the Land Acts in 2006. The issuance of land title is also a pillar of Kilimo Kwanza, the national strategy that attempts to transform Tanzanian agriculture into a modern commercial sector. The challenges remain, but the need to accelerate the process grows as the government actively pursues initiatives to increase production and encourage commercial investment in the sector.

Concern Worldwide has been working in Tanzania since 1978, when it was invited by the first president, Julius Nyerere, to implement community development projects in Iringa. Located in the southern highlands, this region was once the bread-basket of Tanzania. Over the past 20 years, however, Iringa has suffered persistent periods of drought. In 2011 alone, more than 43,000 of its population of 245,000 required food assistance.

Land remains of vital importance to the people of Iringa, with 90 percent of the population earning its living from agriculture and livestock production. Much of the potential remains untapped, however, and while 40 percent of its land is suitable for agriculture, just over 23.3 percent is actually cultivated.

Securing land title and irrigation are two core elements of Concern’s work in this region and beyond. Since 2006, Concern’s livelihoods programs have focused on the fulfilment of the right to an adequate standard of living for poor and vulnerable citizens in Iringa, Kilolo, and Mtwara districts. A key objective of its programs is to increase access to, and control over, land by formalizing ownership through acquisition of CCROs. These efforts have borne much fruit. Concern has supported the issuance of more than 9,500 CCROs, equal to approximately 16 percent of the total number issued across Tanzania since the Land Acts first came into force in 2001.

Since 2009, Iringa District has demarcated 103 of its 125 villages and issued village land certificates to each in preparation for demarcation and issuance of individual CCROs to households. Concern has supported the development of village land use plans in 12 villages and provided support for all other steps in the titling process with the exception of demarcation and survey of boundaries, for which the District Land and Village Council is responsible. More than 8,000 land titles have been issued in Iringa District, of which more than 6,000 were supported by Concern.

The key steps in the CCRO process are as follows:

• Providing resources to district land officers, including GPS stations, computers, registry boxes, land seals, and software;
• Holding awareness-raising meetings on Village Land Act No. 5 of 1999 and Land Dispute Act No. 2 of 2002;
• Forming land tribunals and committees;
• Training tribunals and committees on their responsibilities;
• Preparing village land use plans in collaboration with the Village Council and Village Assembly;
• Demarcating and surveying village boundaries in collaboration with Village Land Committees;
• Preparing and issuing the certificates of villages;
• Carrying out land adjudication of individual land parcels within the village;
• Establishing village land registries and equipping registries with facilities such as seals, village land registers, and cabinets;
• Establishing a database of land-related information such as GPS coordinates for land parcels;
• Registering and issuing CCROs to individual owners; and
• Paying the cost per CCRO, per household, as set by the District Land Council of TSh50,000 (US$31.60).

Securing a land title is part of the solution. Water is also a major issue for the farmers of Iringa. With rainfall patterns becoming increasingly unpredictable, reliance on rainfed agriculture is becoming too risky. Less than 40 percent of the district has irrigation, and many farmers are unable to cultivate their land. For this reason, irrigation is a key component of Concern’s Integrated Livelihood Programme, which works with the District Ministry of Agriculture to improve irrigation infrastructure by supporting improvement of canals and construction of water gates. The introduction of drip irrigation has also become a key strategy for Concern.

In Luganga, for example, gates have been installed along the canal to help regulate the amount of water flowing to farmers. Concern has supported the strengthening and training of water user groups and their management committees—consisting of and elected by the villagers themselves — who are responsible for monitoring water usage, collecting fees, and overseeing maintenance of the canal. This canal provides irrigation to 300 farmers, who are able to cultivate their farms, increase their food security, and improve their livelihoods.

This progress is not without problems though. Loss of water through seepage along the canal has been a challenge that, if addressed, could enable a second harvest, improving food security and incomes. Water loss also affects the value of the land, which decreases as production falls. Conversely, the value of land increases with access to water. At the beginning of 2012, a temporary connector was put in place to facilitate the flow of water to an additional 450 farms. Since its construction, the volume available to all farms has fallen, reducing the level of production.

Water-related tensions between pastoralists and farmers in the district are also becoming more common. Although pastoralists may have designated land, their land may not have a water source, leaving them at times with little choice but to encroach on farmland and accept that they will have to pay a fee to the relevant farmer to allow their animals’ access to pasture and water.

While benefits of the land titling process in Iringa are beginning to emerge, progress rolling out the Land Acts has been extremely slow since they first came into force in 2001. According to the Iringa District land officer, land has not been given priority in national budgets, and sectors such as health, education, and infrastructure have been prioritized instead.

Iringa has a total district budget of TSh189 million. Of this total, TSh10 million have been allocated to come from the national government. The District Land Office estimates that in reality, they are likely to receive just one-third of what has been allocated. Furthermore, the amount for land administration in Iringa has been capped at TSh5.4 million (US$3,412) for 2012/2013. Pressure on overall budgets and limits on the budget for land administration raise questions and concerns in relation to the priority being given to the issue of land title. More investment is required if more communities and farmers are to get titles.

Over the past 10 years, the government has made agricultural investment an increasing priority. With the high-level promotion of SAGCOT, it is particularly important that similar support, both technical and financial, be given to land and the land-titling process. People must be protected through land title before companies enter into areas that are being utilized already. Titles should precede determination of SAGCOT areas. There is a need for more communication and information in relation to land titling on the part of both the community and local Village Councils too. There remains a great deal of uncertainty about the process and who has responsibility for instigating it. Official procedures call for farmers to apply to the Village Land Council and have their claim verified by the Village Land Tribunal; then a batch of applications is sent to the District Land Department. At times, though, Village Councils were waiting for the District Land Department to approach and notify them of their next visit to demarcate land.

Concern’s experience with the titling process highlights the need for strong political will, alongside complementary policies and integrated programming initiatives, including supportive financial and extension services and water programs. Each of these elements is as important as the other. In the absence of any one, the overall impact will be diminished while together, they can sustain and strengthen the considerable investment in and impact of the land-titling process in Tanzania in the years to come.

Anna Mdeka proudly holds up her CCRO. For her, this title represents important security and independence. Some years ago, Anna lost one of her legs, and her life changed in a number of ways. Whereas she used to engage in trade, she now relies solely on her farm for her livelihood. Concern Worldwide first started supporting the CCRO process in Luganga village, Pawaga Division, in 2006, working with the Village Council to raise awareness about the process and to survey and demarcate land. Anna’s was among the first farms to be surveyed in 2008, and a year later, she was one of the first five people to receive an official CCRO.

Concern supported Anna through the process, covering the fee of TSh50,000 (US$31.60) estimated by the Iringa District Land Office for demarcation and preparation of the title. For Anna, the main benefit of having a title is a feeling of security, as she knows those two acres belong to her and cannot be taken away. As one of three wives, Anna also now has more independence and protection over her own livelihood.

Although Anna has had her title for four years, she has not used it to obtain credit. But she knows exactly what she would do with a loan:

Uncertainty about using the titles to obtain credit is a common challenge in Iringa. So far only 21 of the more than 8,000 people with titles have been able to use their land titles as collateral. Furthermore, these farms were generally well developed, grew cash crops, and were more mechanized. Financial institutions look for these characteristics and thereby limit opportunities for smallholder producers.

In addition, the titles are not yet fully recognized as instruments of mortgage, and as a result financial institutions are reluctant or unwilling to accept them. While the Ministry of Land is currently working on getting titles included in the Land Registration Act, this will take time. In the meantime the benefit of the asset is being limited, given the lack of additional relevant information and complementary supportive policies.

Water is an additional challenge for Anna.

Anna’s plot is on the canal, and she can grow rice, harvesting between 26 and 30 bags of rice a season. Once the main harvest is over and the land becomes drier, she grows maize. On average she earns TSh600,000 (US$380) a season. She also trades some of her rice for maize and meat.

Before leaving, Anna explains that her CCRO inspired her husband to look into the process, and he has since secured his own. Concern’s support of the titling process is expanding, empowering many within the community to secure control over the land they have farmed for years. In 2011, a further 119 parcels of land were surveyed and demarcated in Anna’s village.