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Tanzania

Tanzania to fulfill its EITI commitments by June, 2016 (TZ0030)

Overview

At-a-Glance

Action Plan: Not Attached

Action Plan Cycle: 2014

Status: Inactive

Institutions

Lead Institution: Ministry of Energy and Minerals (MEM)

Support Institution(s): Attorney General's (AG) Office

Policy Areas

Extractive Industries, Land & Spatial Planning

IRM Review

IRM Report: Tanzania End of Term Report 2014-2016

Starred: No

Early Results: Marginal Marginal

Design i

Verifiable: Yes

Relevant to OGP Values: Access to Information Public Accountability

Potential Impact:

Implementation i

Completion:

Description

This include:-
(i) Publish signed MDA, contracts from 2014 onwards by June, 2015,
(ii) Document Governments policy on actual practice for disclosure of contracts signed before 2014 by June, 2015,
(iii) Publish Demarcated areas for Mining by December, 2014.

IRM End of Term Status Summary

Commitment 3.4. Land Transparency

Commitment Text: Make land use plan, ownership and demarcated areas for large scale land deals accessible online for public use by June 2016.

This includes:

(i) Publish demarcated areas for large scale agricultural investment (farming and

livestock keeping)

(ii) Publish all land use plans and make it accessible both at national and local levels

(iii) Make easily searchable land ownership database online

Responsible institution: Ministry of Land, Housing and Human Settlement Development (MLHHSD)


Supporting institution(s): Prime Minister's Office-Regional Administration and Local Government (PMO-RALG), TIC, and unspecified civil society and private-sector organisations

Start date: None specified End date: 30 June 2016

Commitment Aim:

The commitment aims to ensure fair and equitable governance over land matters through publishing land use plans, ownership information, and demarcated areas. Disputes over land use represent a significant challenge in Tanzania and are a major source of conflict between farming and pastoralist communities, as well as between rural communities and investors.[Note 38: IRM Progress Report.] The government had committed to publishing demarcated areas for large-scale agricultural investment (e.g., farming and livestock keeping) and to providing an easily searchable online database on land ownership in Tanzania. This commitment could contribute to solving the problem of countrywide land conflicts between farmer and pastoralist communities that live adjacent to each other. The majority of these conflicts are ongoing and are yet to be resolved. Communities are also in conflict with investors, with the former often accusing the latter of land-grabbing.[Note 39: Songa wa Songa, 'SPECIAL REPORT: Land grabbing in Tanzania: The truth, fallacies and fights-part 1,' The Citizen, 24 March 2015, http://bit.ly/1NQuGc8.]

Status

Midterm: Limited

At the midterm, this commitment achieved limited completion with only the preliminary groundwork completed for surveying land in one administrative region of the country, Morogoro. Initial efforts on establishing an online database were ongoing, but no data was posted online with regard to land use plans and/or demarcated areas.

End of term: Limited

The government self-assessment report (as of 30 June 2016) states that a list of 348 demarcated areas for large-scale agricultural investments in the Eastern Zone of Tanzania have been identified and verified, but this data has yet to be uploaded online. During a telephone interview[Note 40: Telephone interview with an anonymous civil servant, 22 September 2016, Dar es Salaam.] with the IRM researcher, a government official confirmed the number of demarcated areas and a survey of villages in the Morogoro region'”15 in the Morogoro District, 25 in Kilosa District, and 25 in the Mvomero District'”that will result in land use plans. The same were reported to have been posted into the MLHHSD website. However, the IRM researcher could not find any published land use plans on the ministry's website.

Further, in the same telephone interview, the IRM researcher established that a contractor to develop the online database (ILMIS) was identified, the prototype was launched, and the next step is to receive an inception report from the contractor who will further develop the ILMIS. To fully complete this commitment, the government must develop the online database, publish land use plans online, and disclose all demarcated land areas for commercial and large-scale agricultural use.

Did it open government?

Access to information: Marginal

Public accountability: Did Not Change

The commitment aims to make land use plans, land ownership, and demarcated areas for large-scale land use accessible online for public use. Land in Tanzania is characterised as state property, with the president acting as the peoples' custodian. Individuals can own land through rights granted by the state. The problem has been that no land use plans were immediately available and that land is sold/disposed of in a one-off payment without consideration to the appreciation of land value over time.[Note 41: Kizito Makoye, 'Complex land rights feed 'grabbing' complaints in Tanzania,' Reuters, 17 April 2014, http://news.trust.org//item/20140417110316-z13bv/?source=spotlight. ] Further, land surveys if financed by individuals are costly, and can range widely in price-per-acre. Often villages will have customary certificates of occupancy that cannot be commercially mortgaged against. Therefore, this commitment, which among other things seeks to publish land use plans (both online and offline at the community level), is very important in addressing land conflicts and improving land governance in Tanzania.[Note 42: Deodatus Mfugale, 'Tanzania: Land Use Plans May Solve Conflicts, Attract Investment,' Daily News, 16 December 2014, http://allafrica.com/stories/201412160029.html. ]

Steps the government has taken, such as identifying demarcated areas and conducting land surveys, indicate marginal improvements in government practice. Given that internet access is limited in Tanzania, publishing land information online is not the best way to reach a wide, general audience. However, the government did improve on the quality of information and data published on land issues. Available information now includes a list of demarcated areas for large-scale agricultural use. This information was not readily available before, and although further data regarding the size and use of investments in each area remains unavailable, the promise of this kind of land data could have a major impact as more datasets become available in the future. The IRM researcher and civil society stakeholders interviewed[Note 43: Face-to-face interview with an anonymous civil society stakeholder, 30 September 2016, Dar es Salaam.] believe that the completion of this commitment would change the way government authorities, especially those in rural areas, operate and bring about good practices in land governance in Tanzania. Although this is still a work in progress, civil society stakeholders were of the view that the completion of this commitment could drastically stretch government practice in the way land is planned, allocated, and generally managed in a more transparent manner, eliminating most of the existing land conflicts.

Carried forward?

This commitment has been carried forward to the third OGP action plan draft (2016/17-2017/18). The next steps in this commitment include, but are not limited to, publishing online demarcated, large-scale areas for commercial agricultural use and publishing surveyed land use plans in the yet-to-be-developed ILMIS database.


Tanzania's Commitments

  1. Starred commitment To enact a Freedom of Information Act by December 2014.

    TZ0026, 2014, Legislation & Regulation

  2. To establish an open data system by December 2016.

    TZ0027, 2014, Capacity Building

  3. To make budget data (eight key budget reports), audit committee reports and tax exemptions publicly available by December 2014.

    TZ0028, 2014, E-Government

  4. Make land use plan, ownership and demarcated areas for large scale land deals accessible online for public use by June 2016.

    TZ0029, 2014, Land & Spatial Planning

  5. Tanzania to fulfill its EITI commitments by June, 2016

    TZ0030, 2014, Extractive Industries

  6. Dashboard of OGP progress

    TZ0001, 2012, OGP

  7. Water data and mapping

    TZ0002, 2012, Water and Sanitation

  8. Citizens’ website

    TZ0003, 2012, E-Government

  9. National Audit Office website

    TZ0004, 2012, E-Government

  10. Client service charters

    TZ0005, 2012, E-Government

  11. Participation by email and mobile phones

    TZ0006, 2012, E-Government

  12. Reporting on medical supply orders

    TZ0007, 2012, E-Government

  13. Starred commitment Access to health, education, and water data

    TZ0008, 2012, Open Data

  14. Government websites

    TZ0009, 2012, Open Data

  15. Open forum on OGP commitments

    TZ0010, 2012, E-Government

  16. Complaints register

    TZ0011, 2012, E-Government

  17. Starred commitment Citizens’ “How Do I?” website

    TZ0012, 2012, Public Service Delivery

  18. Local government service boards and committees

    TZ0013, 2012, E-Government

  19. Citizens' budget document

    TZ0014, 2012, E-Government

  20. Contact point for OGP communication

    TZ0015, 2012, E-Government

  21. Global practice on data disclosure

    TZ0016, 2012, E-Government

  22. Donor funding

    TZ0017, 2012, Aid

  23. Open government innovation by local entrepreneurs

    TZ0018, 2012, Capacity Building

  24. Disclosure of public officials’ assets

    TZ0019, 2012, Asset Disclosure

  25. Allocation of grants to local governments

    TZ0020, 2012, E-Government

  26. Budget execution reports

    TZ0021, 2012, E-Government

  27. Local government transparency

    TZ0022, 2012, E-Government

  28. Reports on tax exemptions

    TZ0023, 2012, E-Government

  29. Best practices for Freedom of Information laws

    TZ0024, 2012, Right to Information

  30. Parastatal organisations

    TZ0025, 2012, E-Government