In the early 2000s, Tanzania struggled to protect the land rights of the 75% of its citizens who lived in rural areas. Rapid population growth and rising investment in commercial agriculture had increased land scarcity and created the potential for violent conflict in parts of the country. In accordance with the provisions of a new law, the national lands ministry launched a pilot project in 2004 to title 158 villages and more than 1,000 individual parcels. Building on lessons from the project, the government passed a new land-use planning act, created a new implementation program, and drew up a strategic plan to title rural land throughout the country. Starting in 2008, the lands ministry worked with community leaders to grant villages and their residents title documents that protected them from land grabbing. Villages also decided how they would use communal land and how they would set up committees to resolve boundary disputes. Officials constructed registry buildings in villages and districts to house title documents before surveying individual land parcels and handing over titles to village residents. By 2017, more than 11,000 of Tanzania’s approximately 12,500 villages had mapped their outer limits, and about 13% of villages had also adopted land-use plans. Of the approximately 6 million households located within rural villages, about 400,000 also had obtained individual title documents.

Leon Schreiber drafted this case study based on interviews conducted in Dar es Salaam and Arusha, Tanzania, in April 2017. The British Academy-Department for International Development Anti-Corruption Evidence (ACE) Program funded the development of this case study. Case published June 2017.

A 2017 workshop, Driving Change, Securing Tenure, profiled recent initiatives to strengthen tenure security and reform land registration systems in seven countries: South Africa, Canada, Jamaica, Kyrgyzstan, Mozambique, Australia and Tanzania.

Watch the video of Seraphia Robert Mgembe - Program Coordinator, MKURABITA

In April 2006, six international donor agencies established a program to help Mozambique’s government register community land rights and improve tenure security for rural residents. Under Mozambique’s constitution, the state owned all land. A 1997 law, adopted after a 15-year civil war, sought to recognize rural communities’ customary tenure rights while encouraging commercial investment through the issuance of 50-year leaseholds. But many communities failed to register their holdings with the central government, leaving their rights vulnerable to powerful state and corporate interests. To address the problem, the donor group established the Community Land Initiative (iniciativa para Terras Comunitárias, or iTC), a program to register community parcels in the government cadastre and empower communities to negotiate with potential investors. The iTC coordinated with national and local governments as well as nongovernmental organizations to map the borders of community lands. The program informed community members about their land rights and how to use and protect them. It also established natural resource committees, which enabled communities to receive shares of the natural resource taxes paid by commercial investors working on communal lands. The iTC further created producer associations to support budding commercial farmers, resolved boundary disputes, and worked with provincial cadastral offices to issue certificates that specified property boundaries. By mid 2016, the program had registered 655 communities in the government cadastre—nearly four times the estimated 171 community registrations carried out before the iTC was established. The registrations covered 6.9 million hectares and 10% of the country’s rural population.

Leon Schreiber drafted this case study based on interviews conducted in Maputo and Xai-Xai, Mozambique, in November 2016. The British Academy-Department for International Development Anti-Corruption Evidence (ACE) Program funded the development of this case study. Case published February 2017.  

A 2017 workshop, Driving Change, Securing Tenure, profiled recent initiatives to strengthen tenure security and reform land registration systems in seven countries: South Africa, Canada, Jamaica, Kyrgyzstan, Mozambique, Australia and Tanzania.

Watch the video of Emidio de Oliveira - Director, iniciativa para Terras Comunitárias. 

In 2009, South Africa’s second-most populous metropolitan area, Cape Town, adopted a new strategy to usher the rule of law into shantytowns that had sprung up on its outskirts, on municipal land. Without legal property rights, most of the residents of those communities were vulnerable to eviction and had access to neither municipal services nor home addresses they could use to obtain cell phone contracts or other basic goods. Lacking both the space to relocate households and the money to build enough new houses, the city partnered with a program called Violence Prevention through Urban Upgrading to pilot an in situ settlement upgrade that allowed people to remain in their homes. Through an incremental tenure approach, the city issued occupancy certificates that recognized residents’ rights to remain on the land, that protected against arbitrary eviction, and that laid the groundwork for eventual access to the services enjoyed by city residents living in legal housing. The pilot project focused on Monwabisi Park, a community of about 25,000 on the southeastern edge of Cape Town. Beginning with a full enumeration of land, structures, and occupants, the project helped construct a community register, issue occupancy certificates, and extend electric power throughout the area. By November 2016, the first phase of the project had been completed, and hundreds of residents visited the community registration office every month to update their details. Using their occupancy certificates, residents could obtain cell phones, register their children in schools, receive medication from the health department, and open furniture store accounts. However, the second phase of the project—rezoning and physically upgrading the settlement—stalled in late 2016, as Cape Town officials wrestled with the basic question of how to install water and sewerage infrastructure in situ without moving any households. Even with that pause, though, Monwabisi Park offered important lessons for other cities and countries about how to provide poorer, more-transient citizens greater stability and financial access.

Lessons Learned

• In a complex urban environment, community-led surveying and enumeration cannot be rushed. Time is required to build trust with and among different groups in the community and ensure accuracy.
• Projects whose greatest impact will only materialize in the future need broad support to survive political turnover. Emphasis on the long-term benefits of settlement upgrading can help reduce resistance from an incoming administration concerned about supporting an outgoing mayor’s pet project.
• Visible administration—having the project team physically working in the settlement on a regular basis—was key to maintaining an organized tenure administration system.
• Securing upfront agreement with city engineers on infrastructure installations plans is vital. Failure to approve a design plan after the program has launched frustrates residents and undermines the progress already made.
• Taking steps to help new holders of occupancy certificates understand their rights and the consequences of off-registry transfers should be a component of every incremental tenure program.

Leon Schreiber drafted this case study with Professor Michael Barry of the University of Calgary based on interviews conducted in Cape Town and Johannesburg, in July and August 2016. Case published February 2017.

A 2017 workshop, Driving Change, Securing Tenure, profiled recent initiatives to strengthen tenure security and reform land registration systems in seven countries: South Africa, Canada, Jamaica, Kyrgyzstan, Mozambique, Australia and Tanzania.

Watch the video of Kathryn Ewing - Director, Violence Prevention through Urban Upgrading