Examination of the Legal Framework for Safeguarding Customary Land Rights in Tanzania.

Nkunya, Ramadhan S. (2023) Examination of the Legal Framework for Safeguarding Customary Land Rights in Tanzania. Masters thesis, The Open University of Tanzania.

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Abstract

Ensuring the safeguarding of customary land rights is of utmost importance in Tanzania and other developing nations. This is because most rural residents rely on customary norms to claim and occupy land, often lacking written documentation to validate their land ownership. A robust and comprehensive legal framework is indispensable to secure these rights effectively. Despite the Village Land Act's declaration in section 18(1) that customary and statutory rights hold equal status, customary land rights are frequently perceived as weaker and subordinate. With this perspective in mind, this study aims to examine the current legal framework governing the protection of customary land rights in Tanzania. This study utilizes a combination of doctrinal and comparative legal research methods. In the comparative legal research approach, we have considered best practices from South Sudan and Uganda. The findings of this study reveal that although Tanzania has made significant strides in protecting customary land rights through its existing laws, certain deficiencies persist, undermining the security of these rights. Consequently, this study recommends amendments to certain land laws that are incongruent with the protection of customary land rights, thereby enhancing the legal framework to better uphold the rights of those who rely on customary land tenure systems.

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