Wednesday, September 10, 2014

ASSESSING LAND CONFLICT IN TANZANIA

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 .
REFERENCES
Ascerlad, H. 1992. Environment and democracy. Instituto Brasileirode Analisis Sociaise     
Economicas, Rio de Janeiro, Brazil.
Benjaminsen T.F.et al (2009) “The Kilosa killings political Ecology of a farmer-herders         
conflict in Tanzania” vol 40(3) Development and change.
HAKIARDHI, (2009).  Training Manual for Land Rights and Governance Training in villages            Haque M, (2004), “Endogenous corruption in economic development”.GEP
Research paper,No.2004/16.University of Nottingham.
January J,(2008), Effectiveness of conflict Management methods between the Farmers and          
Livestocks herders over land use;A case study of Mbarali Usangu plains,Mbeya region.
Unpublished M.A.(Development studies) Dissertification,University of Dar es salaam. Kenneth,W.T (2004). “Introduction to conflict Management”
                   Davies Publishing Company, London.
Komu, F. (2002), “Reflection on Land Acquisition and Compensation: Lessons from
        Kinyerezi Resettlement Area,” Paper Presented at the Workshop on the Regulatory    Framework for Legal Shelter in Tanzania Dar es Salaam 12th February 2002.
 Luambano R.T (2010)     Reflection on land use conflicts between farmers and pastoralists in the     light of the bill of Rights in Tanzania:Unpublished Masters of Law (LL.M) Dissertation,UDSM.
Mtwale B (2002), “Conflict between pastoralists and farmers over land use”.        A case study
of Kilosa District,unpublished Masters of Arts Dissertation(IDS),University of Dar es salaam.
Misana,S.B(1997) “Strategies for village Land Management for resource conservation in   
selected village in Tanzania” The case study of Kilosa District.   
United Republic of Tanzania (URT) (2002): National Water Policy 2002. Ministry of Water and
           Livestock Development of the United Republic of Tanzania. July 2002. Dar es Salaam
URT (1995), National Land Policy, Ministry of Lands, Housing and Human Settlements
              Development, Government Printer, Dar es Salaam.
 Wehrmann, B. (2008), Land Conflicts, A Practical Guide to dealing with Land Disputes,
Deutsche Gesellschaft fur Technische Zusammearbeit (GTZ), Eschborn, Germany.
Zartman, I. M.(1991): Conflict Reduction: Prevention, Management, and Resolution. In: Deng, F. M.and I.W.Zartman (ed.): Conflict Resolution in Africa. Washington




No comments:

BREAKING NEWS; MATOKEO YA KIDATO CHA SITA 2018 HAPA

 BFYA LINK HAPA CHINI KUYAPATA>>>>> http://41.59.85.98/results/2018/acsee/acseex.htm

Logo

Logo Design by FlamingText.com