Enabling legal frameworks for sustainable land-use investments in Tanzania: Legal assessment report

The International Development Law Organization (IDLO) and the Center for International Forestry Research (CIFOR) assessed the legal frameworks that govern land-use activities and investments in Tanzania. The policy, institutional and legal frameworks are well developed although implementation and enforcement remains weak due to ambiguities in the law and a general lack of supportive incentives. This Legal Assessment report for Tanzania examines four key challenges to the attainment of sustainable land-use investments. These comprise:

• Enforcement of environmental and social safeguards

Tanzania has made progress in implementing the Environmental Management Act by ensuring greater compliance with the Environmental Impact Assessment regulations although exceptions exist in the construction sector, and mining legislation that often enables the government to circumvent important land tenure safeguards.

• Incentives for sustainable investments in the legal framework

A lack of incentives exists despite the creation of the Tanzania Investment Centre, the adoption of an Investment Guide in 2013, and the incorporation of sustainability considerations into laws and policies governing investments in the agriculture, energy, and forestry and mining sectors.

• Land tenure security

Tanzania’s land law framework now includes formal recognition of customary title and the reservation of land under the category of village land exclusively for Tanzanians although improvements are still needed in terms of processes of consultation and compensation.

• Public awareness and lack of access to information

Awareness of natural resources and investment policies, legislation and regulations is generally low amongst rural communities as well as Ward executive officers, village leaders and village land committee members. Rural radio represents their most important source of information.

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