About
80% of the entire population in Tanzania comprises farmers and pastoralists
that live in rural areas in which their life depend on land for conducting
different economic and social activities such crop production and animal
keeping, the prominent pastoralists society in Tanzania are like Maasai and
Mang`ati tribes. And some of the Pastoralists have been using traditional
method of livestock keeping while some of them tend to move from one area to
another with large herds of cattle looking for pastures and wetlands for their
animals. Example in Usangu area in Mbeya region, Kilosa in Morogoro region that
these areas were invaded by pastoralist with a large number of animals. On 9th
March 2006,President Jakaya Kikwete ordered the deportation of pastoralists to
Lindi region as deliberate measure to rescue the Usangu plain to become dry
since the areas is favorable for Agriculture. These movement of pastoralists
invade farming land created hostility between pastoralists and farmers. Example
in 2000,a group of pastoralists invaded in Kilosa and this led to the eruption
of conflicts between two different
societies(pastoralists and farmers) that led to the loss of life.
According
to January (2008) cited in Kaplain
(2000) the term conflict has been defined as the breakdown of the state
authority or a rush to seize control over precious natural resources in an
increasingly unregulated market. The breakdown of the state authority in terms
of control, access and ownership. In other words conflict
is the disputes or misunderstanding or disagreement or dissatisfaction over
natural resources. Conflict can be in ownership, access or in uses. Conflict
occurs because there are different natural resource users.
It
is also defined as the relationship among two or more opposing parties, whether
marked by violence or not based on actual or perceived difference in needs,
interests and goals(Means et al,2002:13)
Conflicts
as defined by Coser (1956) are the struggles over values and claims to status,
power and resources in which the aim of the opponents is to neutralize, injure,
or eliminate their rivals. It is also
defined as the arousal of two or more strong motives that cannot be solved
together. The conflicts might occur when the individuals struggling over the
utilization of the natural resources, therefore it is a natural phenomenon that
is caused by divergent interests.
Conflicts
over natural resources can therefore be seen to be the result of diverse
interests, goals and aspirations that individuals or groups within legally
established and secluded environments have, which all too often resulted in
either positive or negative impacts on the use value of the area. Attempts have
been made to analyze conflict patterns, behaviour and response to conflicts.
Conflict
management is the practice of identifying and handling conflicts in a sensible,
fair and efficient manner. It require skills such as effective communication,
problem solving and negotiation by focusing on interests
(Kenneth,2004).Conflict management aims to prevent the eruption of destructive
conflicts
Many
authors in different researches and books have tried to explain the different
natural resource conflicts as explained below
Mtwale
(2002) in his study about conflict between pastoralists and farmers over land
use analyses the causes and effects of conflicts over land use between farmers
and pastoralist
He
argue that one of the core causes of land use conflicts in Tanzania is
government instability to resolve conflicts whenever they occurred.
The
author pointed out that corruption and silence of government authorities are
also the major sources of conflicts. He shows that killing that occur in Kilosa
is the sign of the government authorities adopt the theory of “let us see the
attitude” that enhance conflicts.
He
discussed that the conflict in natural resources especially land are caused by
Lack of people`s participation in
decision making on land allocation;
Existence of numerous pieces of
legislations on land matters, liberalization policies and conflicts arising
from different mode of production
John
(2008) in his study on effectiveness of conflicts management methods considered
conflict of land into two dimension
which are conflict as of interests and conflict as competition.To him the rapid
population increase or growth which leads to the acute competition for scarce resources,
extension, intensification on Agriculture and change in socio-economic
activities.
The
author holds a view that colonization of rangelands by farmers for agriculture
by farmers for agriculture use has reduced access to the grazing and resulted
to the conflict between farmers and herders. He argues that uncertainty over
property rights; privatization and state policy on land are also the causes of
conflicts. He views that corruption and poverty is the biggest causal factors
for the land use conflicts.
Frequent
confrontation in land is vital problem that is caused by different factors as
discussed by certain researchers. The following are the some of the factors
that increases the tension of conflicts among the groups in the specific
society.
Unevenly
distribution of land resource, the land conflict in Tanzania is emanating from
unequal distribution of land between pastoralists and farmers; in which
improper allocation of land resource between them lead to one group to move
where the conflict begins. Some author argued that the colonization of
rangelands by farmers for Agriculture use has reduced access to the grazing and
resulted to the conflicts between farmers and herders (John, 2008).This unequal
distribution of land is substantiated by the recent incident of the group of
herders who moved from their herds to other areas due to lack of grazing
pastures in their areas. Also Benjaminsen et al (2009:431:39) argued that the land areas allocated to the
pastoralists are not large enough, leading headers to search for pasture and
water outside pastured village areas
In
other hand, the land conflicts in most areas are caused due to the climatic
change where there is unproductive land for cultivation of their crops and
hence they shift from their unproductive land to productive land. Environmental
change may involve land and water degradation, overexploitation clearing or
drainage, or climate change. Increasing demands have multiple social and
economic dimensions, including population growth, changing consumption
patterns, trade liberalization, rural enterprise development, and changes in
technology and land use.
Implicit
conflicts are those in which communities are affected by a process of
environmental degradation they do not recognize [or] although they might be
aware of the degradation, they are unable to associate it with the activity of
specific social agents. The environmental conflict is thus made explicit when
communities establish an immediate logical connection between environmental
degradation and the activities of certain social agents.(Ascerlad 1992,p.35).
Lack
of peoples` participation during policy and laws formulation even when they are
invited their views are not given high priority. Views and demands of the
citizens are not taken and included in the laws which lead to the occurrence of
the new land conflict source being the laws. The conflicts of land between farmers and pastoralist in most
areas in Tanzania are caused by lack of
participation between the stakeholders, in which there is a tendency of local government leaders to make decisions on
land issues without participation with the land users(farmers and
pastoralists).Since the independence time
the Republic Government of Tanzania has been using force in demanding
the villagers and other land users to leave land they own for other uses mostly
termed as for public demands such economic growth. The events of establishment
and redistribution of land to the public corporations such as National
Agricultural and Food Corporation (NAFCO) and National Ranching Company (NARCO)
as well as National parks and Game Reserved Areas went together with violation
of villagers rights on land which led to the occurrence of multiple conflicts
over land among the villagers and the reserved areas. The concrete example is
in Rufiji district whereby the villagers of Mloka village are in conflict with
the management of Selous Game Reserve for years now. Conflicts linked to
wildlife policy, one of the wildlife policy objectives is to continue
establishment of protected areas and maintenance of existing ones in order to
enhance biological diversity. The issue then is that land use for wildlife
competes with other uses such as farming, grazing, and settlement which lead to
conflict over the same land. The concrete example is in Usangu plain where the
Game Reserves grew and took pastoral dry season grazing areas. This then became
the key cause of the forced movement of pastoralist from Ihefu Valley in search
of the secure and peaceful places. Actually it is good and acceptable to
protect the natural resources and environment but the government has the
responsibilities to inform the public on the new regulation enacted for that
purpose rather than humiliating their rights which make them aggressive and
lead to the conflict extending conflict between the people and the government
institutions
Nepotism
and corruption also increase the hostility
struggling for land. According to Haque (2004:5),the term corruption has
been defined as the illegal or unauthorized, profiteering by officials who
exploit their positions for person gain. Therefore in most areas that are
associated with conflicts in Tanzania are highly influenced with the corruption
and nepotism of the government and public officials. The land conflicts are
associated between two groups and normally are pastoralists and farmers in
which the pastoralists are considered to have economically power than farmers
which is used to bribe the government official and leaders during making
decisions. According to Misana et al(1997)viewed corruption as the the biggest
causal of the conflicts, since the resource are scarcity. Mtwale (2008) in his
research argued that the corruption between the village leaders and district
officials are the major causes of land conflicts that exist Kilosa that lead to
the killing, he said that “village leaders allow pastoralists to settle in the
hamlets without farmers permission”.The problem of corruption as the causal of conflicts
in Tanzania is also reported in different mass media such as Radio station and
newspaper. Forexample, Raia mwema newspaper (25th December, 2013)
reported that “tatizo ni rushwa ya
wafugaji dhidi ya wakulima”(corruption is the problem among the pastoralists
and farmers),the pastoralists are seemed to use money to the local government
officials to bribe farmers, some of the leader were reported to receive the
corruption from the pastoralists in order to allow them to enter the livestock and herds to land of farmers.
Rapid population growth and poverty also
increase the hostility between the people in the particular community. The
increases of either number people or livestock lead to the scarcity of land
resources, and hence people start to fight for land. Hence this competition for
land between the pastoralists and farmers led to the conflicts. According to Mtwale
(2002) in his research argued that “population increase from birth and migration
of pastoralists who practice transhumance has become increasingly important in
Kilosa district (Morogoro) has lead fight of land resources.
Another
issue that is associated with the conflicts is poor governance and integrity of
bureaucrats. The dysfunctional land management and the poor governance
institutions, including a lack of transparency especially in public land
acquisition also the weak structure for checking land grabbing also the
exclusion of the disadvantaged(Wehrmann,2008).In governance also the issue of
delayed and unfair compensation increases tension on land use. In the
constitution of the United Republic of Tanzania (1977) the Land Act of 1999;
the land Acquisition 1967 are explicit on the issue of payment of fair and
prompt compensation before land or property can be acquired for private use these
provisions are often observed, this situation of delayed up to five years or
more are commonly after valuation have been done. For instance the valuation
of land property at Kipawa,an area
proposed for the expansion of Mwalimu Nyerere International Airport in Dar es
salaam was done in 1997,but payments were made only in 2010.Hence this
situation create the land conflicts between the government and citizen.
The
land conflicts between the pastoralists and farmers are also influenced by politicians.
They have power to influence one group to demand the resources to other group
and where the conflicts begins especially during the election campaigns the
candidate provide several promises concerned several issues and some of it
increases hostility among the society. According to Benjaminsen et al (2009)
argued on the influence of politician to the occurrence of the conflicts
between pastoralists and farmers in the society, he said that “in 2000 General election, the ward councilor
promised the farmers who were the majority that if he were re-elected he would
make sure that the Maasai were evicted from the area. Hence after election and
he was re-elected the conflicts started between farmers and the Maasai, therefore
the conflicts in a specific areas are associated with the influence of
politicians.
Incompatible
sectorial objectives and power overlapping of the government institution on
land use also increases the conflicts in the area, in this perception the
government decentralize the authority to the local government but this
decentralization increase misunderstanding among natural resources
jurisdiction. For instance the local community were given authority of making decisions in Ngorongoro but in real
sense all decisions are made by the Tanzania National Park Authority (TANAPA)
therefore the local government in a specific locality has a power to make
decisions on the land use and hence allow people to conduct their activities
around the protected area while the TANAPA limit to conduct any activities
around the National parks and hence led to the conflict between the society and
the TANAPA, and also incompatibility of sectorial objectives on land use for
instance there is a frequent contradictions between the ministries objectives
on the land use that lead to the conflicts among the people, also the political and economic systems change
including the nationalization or
privatization of land increases the
conflict within society on the access of
land. The poor policy in agriculture sector and livestock sector also is the basis and fundamental causes of farmers and pastoralists conflicts
(Ndangala,1991).For all institutions, the lack of implementation of policies is
the crucial point towards the land conflicts.
Another
key factor for land conflicts is lack of education between farmers and
pastoralists in society. In case of farmers we consider the poor methods of
farming in which the farmers tend to own large areas for conducting their
activities and hence the land become scarce for pastoralists to graze their
livestock and hence the conflict occurs, also the pastoralists have large
number of livestock compared to the available land for pastures and therefore
due to the scarcity of land they tend to invade the farmers areas(land) is where
conflicts begin. Also the poor understanding of laws and rights of people in
the society contributes much to the occurrence of conflicts; this is because
there is laws and rights that govern the land use management. According to HAKI
ARDHI (2009:3) argued that “Lack of public awareness and knowledge on land
laws. Although Land Act No.4 and village land Act No.5.1999 have marked a
decade since their enactment, still the two pieces are not yet known to
majority land users. This includes the land disputes settlements Act 2002”.
Although
the conflict theorists agree that conflict is unavoidable for any society a
crucial step towards the reduction of land conflicts is better understand the
apparent demands and interests of conflicting parties; This can be reduced by
using various tools as governmental level or individual level, therefore the
following are the ways that can be used to reduce the frequent occurrence of
land conflicts in certain society.
Formation of land disputes
resolution bodies.The government must create the bodies and institutions that
will deal with the land disputes resolution from the traditional authorities, local
and national government, as well as judiciary. And these bodies must be given a
necessarily mandate and power to resolve land conflicts; therefore it could be
worth discussing adding mandate and functions to competent bodies dealing with
land issues. Besides the power overlap between the levels of authorities must
be reformed in order to reduce the power interference in the decision making
over land. For instance the land administrators at the district level should
respect and value the decisions made reached by the village authority because
those are the peoples` decisions over their land according to the laws.
Surveying and land registration to
solve boundary conflicts and to protect against the illegal expropriation. Land
registration is generally more important for conflict prevention, the multiple
sales of land, sales of somebody else`s private property, or state concessions
on private land only occur when land is not registered. Accordingly surveying
and registration should follow the disputes settlement of these land conflicts
so as to secure the agreement and prevent a renewal of the conflicts.
Developing public awareness
campaigns on land matters. Many land conflicts can be managed and if not
avoided at least mitigated or make less severe if the provisions are made
against them in time. Hence it is crucial to be aware of those changes and
occurrence that have potential to trigger land conflicts once the cause of
conflict has been identified, the extent of possible land conflicts and the
scope of their social, economic, ecological and political consequences should
be roughly calculated and immediately communicated to decision-makers and
responsible land management experts. Hence public awareness campaigns will help
to reduce the occurrence of conflicts in which the disputes and tensions arise
due to lack of public knowledge regarding the existing laws and rights. Moreover
the education should be provided to people concerned the proper use of land
between the farmers and pastoralists that eventually will reduce the
environmental degradation. Also participation of the majority and stakeholders
in decision making concerned the land matters that will reduce the occurrence
of conflicts in the society.
Promoting
good and land governance also can reduce the occurrence of the conflicts within
society. Land conflicts are the visible manifestation or outcome of the often
invisible power and politics concerning access and use of land. Governance of
land is rather obscure and often threatened by corruption, so to prevent land
conflicts the land governance has to be transparent, fair and sustainable. Good
land governance therefore requires the hones and serious application of certain
principles to land policy, land related legislation, state land management,
land administration, land reforms and land conflict resolutions. Therefore a
key governance principle for the prevention of land conflicts is equity.
“There
is no substitute for dealing with grievances and demands early in their history;
such is the normal business of politics and governance”(Zartman,1991:301).
Also
the establishment or strengthening monitoring mechanism to identify, document
and address land conflict quickly. The data collected through such mechanisms
can be useful for monitoring trends, analyzing types of conflicts and the
outcomes of any interventions, documenting land conflicts can also contribute
to the restoration of land and property rights in the future.
The economic development of any
country depends on land, and land conflicts among the people are not easily being
solved it needs an extra attention compared to other conflicts in country. Therefore
there must be deliberate actions and decisions in solving the land conflicts.
Each group of land users, the pastoralists and the crop producers should be
considered their values of each other in order to avoid the daily land
conflicts. The farmers should respect and protect the land allocated for
pastoral activities and the pastoralists should respect the area allocated for
the farmers. This conflicts resolution should not left to the government
institutions and officials only, but there must be the collaboration from all sectors
(public and private sectors) and incorporate and consultation of the whole
community in any decisions made over the land use .
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