by
Ali Khalil Mirza
Commission for Lands and Environment
Zanzibar
and
Muhammad Salim Sulaiman
Ministry of Water Construction Energy Lands and Environment
Zanzibar
ABSTRACT
This paper is going to examine the land tenure system in Zanzibar and the way in which it practically contributes to poverty alleviation. The period covered is from 1964 Revolution onward; because it is in this period that serious land reforms, social and economic transformation prevailed. The period that follow the revolution witnessed the nationalisation of land which was then divided into three acre plots and issued to the peasants free of charge. Consequently the majority who are poor had an access to land. These were among the first initiative towards poverty alleviation in the Isles.
Subsequent to these efforts, Land Holding System was re-organised in the 1980’s and 1990’s which culminated to the enactment of new market oriented Land Tenure Act facilitating land transactions while at the same time providing security of tenure to land holders. These efforts have contributed more in alleviating poverty.
INTRODUCTION
Land is vital tool for any development. Men are always competing among each other for the ownership of land resources in order to maximise both monetary and non-monetary returns. The various land resources' competitors can be successfully harmonised by way of a land tenure system. Each one's right and duty together with his/her relationship to another are well defined by the land tenure system.
Basically, the issue of poverty goes hand in hand with poverty alleviation. Poverty has been affecting the entire world. According to the World Bank and UNDP poverty affected more than 1.2 billion people in 1985 (Bagachwa, 1994 p5). He adds, "Nearly half of the world's poor live in South East Asia,...... Whereas sub-Saharan Africa's share in global poverty is 16.1% (pp. 5)’’. On the other hand, there have been continuous poverty alleviation measures at global, regional, national and even local levels. These measures differ from time to time and from country to country. They include: development aid programs, land reforms, credit access for the poor,. educational programs, rural technological and infrastructure development, to name a few.
Zanzibar, like many countries, has realised the problem of poverty and its consequences, as well as the need to alleviate poverty.
EXISTING POVERTY SITUATION
Zanzibar - the twin islands of Pemba and Unguja makes up a separate state within the union of Tanzania. It cover an area of 2,332 square kilometres with more than 800,000 population of whom 31.97% live in urban areas and 68.03% reside in rural areas. About 50% of the total population falls below the age of 15 years and 6% reflects people of above 60 years of age. In addition, population density stands at 260 people per square kilometre and population grows at 3% annually. Whereas population is evenly distributed throughout the Islands, men (45%) are outnumbered by women (55%).
Zanzibar is mainly affected by relative poverty rather than absolute poverty, because a great number of poor have an access of food, shelter and clothes. This is why poverty situation in Zanzibar is as not severe as that in the mainland.
Currently, the major employment opportunities are the following:-
According to the Department of Statistics, the current unemployment rate stand at 24% of the total labour force. However, most of the unemployed engage in the informal sector which is now recognised nationally because of its contribution as an important measure in poverty reduction.
The official minimum wage is US$ 30 a month. Real wage have continued to decline with recorded decrease of 65% between 1980 and 1989 and 53% in 1990s compared to 1976. Moreover, purchasing power of the majority of people has declined in real terms by more than 60% in 1990 compared to 1976. More affected are rural communities, urban poor and women. The effects caused by low salary and declining of purchasing power have already materialised. The quality of education has also declined and so as the number of eligible candidates for higher education. Likewise, the health situation is not good either. This situation is also persistent to other social services.
The recently published economic figures show that Zanzibar economic growth and inflation stood at 6.7% and 14%, respectively (independent economic analysis’s put the GDP figure at 3.9%. Newsweek magazine June 2,1997).
LAND REFORM AND POVERTY ALLEVIATION
The 1964 Zanzibar revolution brought about social, political and economic changes. One area which highly interested the authorities was the land tenure issue. By using the power of a Decree to vest all land in the state, (No 13/1965) all land in Zanzibar was declared public property. In addition, the Confiscation of Immovable Property Decree No 8/1964 and The Land Distribution Decree No 5/1966, empowered the government not only to acquire immovable properties including land but also to distribute them among the poor and the landless respectively. Broadly, the land tenure changes were aimed at giving the poor access to land so that they can utilise it for food production and income generating activities and putting into the hands of the majority the key economic progress of the country (Mika 1996 p. 47) and to consequently eradicate the poverty problem.
THE THREE ACRE PLOTS
The Decree No 5 of 1965 was used by the government to distribute land parcel among the landless in the rural areas. This Decree was later amended in 1969 to facilitate the distribution of land in the urban areas. The allocation of three acre plots was mainly carried out between 1965 to 1976. Sources vary about the total number of grantees and the quantity of distributed land. However, available sources indicate that a total of 22,210 poor peasant families were given Three Acre Plots. But between 1965 - 1974 a total of 22,351 peasant families were given Three Acre Plots and the total land area distributed reached 66,573 acres. The total number of farms confiscated was 745, out of which 181 were on Unguja and 564 on Pemba.
Generally, the grantees included:
The grantees were also given a land certificate and they were neither required to pay rents nor taxes. The conditions attached in the land certificate determined how to use a parcel. These conditions are:-
It has been generally observed that the three acre plot, as part and parcel of land holding system on the Isles, has successfully provided the poor the access to land. But utilisation of such parcels of land for raising the poor's income and food and hence the national economy is not free from criticism. Research carried out recently (Mika 1996 p.51-57) reveals that in sub-urban areas there are many cases of selling the three acre plots into fragmented residential usage. So the three acre plots situated on the urban fringe are no longer under cultivation. The study further reveals that land borrowing - formerly known squatter system - is widely practised throughout the Isles.
Furthermore, the decline of clove prices has severely affected the grantees and the three acre plots. The grantee feels it is uneconomic to maintain a cloves plantation because it pays less when compared to other crops. Moreover, the land distribution beneficiaries could not afford to invest in further agricultural development due to lack of financial resources (Mirza 1995 p. 13). Consequently,‘’............ one third of the three acre plots on Pemba is not utilised’’. Yahya (1982) reported the neglect of the three acre plots and the resulting drop in production. The situation has been further worsened by lack of credit facilities, lack of incentives and unpopular farming programmes. Eventually, the condition of the poor is still unsatisfactory despite this access to land.
STATE FARMS
State farms were introduced in mid-60s. Following the Chinese assistance in 1966, the government established several state farms for the purpose of boosting agricultural production. Other farms included dairy farms, rubber plantations, sugar plantations and poultry farms (Mika 1996 p. 57 and Clayton 1981). Khamis (1972) asserted that with the establishment of state farms the Zanzibar Government aimed at encouraging self sufficiency in food production through large scale farming. However, most state farms in Zanzibar were largely related to irrigated rice fields.
In 1978, the irrigation project was established for consolidation and reallocation of chosen rice fields. The fields were sub-divided into 0.1 hectare parcels. They were distributed to poor peasants. Sulaiman et al (1997) affirms that this would provide as many people as possible with the opportunity to produce rice. In this way, therefore, the poor were given another chance of access to land.
But peasant rice production was still recorded below demand levels and, even when production was high, it could not suffice the family's annual rice need (Sulaiman et al, 1997 p.12).
The consolidation of rain-fed-rice fields was carried out by the Commission for Lands and Environment in collaboration with the Ministry of Agriculture, Livestock and Natural Resources. This process was aimed at giving each peasant a permanent allocation instead of the former system of plot allocation during the cropping season.
According to Veikko et al ( 1997 p. 14), the first trials of reallocation of rain-fed-rice fields were ready at the Pilot Adjudication Area of the ZILEM project; i.e. The Mtwango Irrigation Rice Cultivation Scheme which has an area of 68 ha.
CORAL RAG AREAS
The coral rag areas comprise much of southern and eastern Unguja and parts of eastern Pemba. Throughout these areas, the government has only changed the status of holding land i.e. from communal land ownership to public land. But the access to land and its uses has remained the same as it has been for ages now. The land is mainly used for shifting cultivation, building poles production, and firewood production (Yahya 1982). The government's lack of interest in interfering in land distribution and uses in the coral rag areas is due to infertility of the areas. However, the area is now popular for seaweed production and tourist hotels on the offshore. The seaweed activities are well accepted by the peasants because the income they bring is higher compared to shifting cultivation.
In addition, if seaweed production and its income is going to increase in the future, probably waterfront land ownership and boundary disputes among the villagers will emerge. There is a need, therefore, to look into this issue more seriously.
To conclude, land and land tenure reform, among other things plays major role in poverty reduction. Normally, land reform take many forms and it must be a dynamic process. It must not be undertaken only during major social, political and economic upheavals. Implementation of land reform in Zanzibar has successfully achieved in giving the poor access to land. However, strict regulations on the utilisation of such land parcels have not brought about the desired individual and national goals as far as poverty is concerned.
LAND TENURE SYSTEM AFTER TRADE LIBERALISATION AND POVERTY ALLEVIATION
Following the change in the economic pattern of the world, Zanzibar began readjustment of both macro-economic and micro-economic policies . By 1985, the state began to withdraw from importation of consumer commodities, and the Decree on confiscation of immovable properties was also amended. This led to sprawling of new real properties. Consequently, investments were encouraged and demand for land increased abruptly. The latter brought about two features i.e. a) the need for security of land tenure, and b) the increase in land value. Therefore, there was no alternative for the land tenure system except to accommodate the socio-economic changes which lead to poverty reduction and to reflect those changes in its content so that competing needs and property rights are clearly defined.
By the end of 80s and early 90s both land administration and the land tenure system were put in order. The establishment of the Commission for Lands and Environment in 1989 was generally aimed at keeping land activities under one organisation for better consistency and efficiency. On the other hand, the land tenure system was reorganised by the Land Tenure Act (LTA) of 1992. Similarly other statutes work simultaneously with LTA. These are:
CONTRIBUTION OF THE LAND TENURE ACT ON POVERTY REDUCTION
The existing land tenure system in Zanzibar is regulated and governed by the Land Tenure Act of 1992 . Thus, it provides for land ownership, user rights and other rights and duties attached to land.
A closer examination of LTA reveals that some provisions contribute to poverty alleviation efforts in the Isles. The few selected provisions of LTA which help efforts towards poverty alleviation are outlined below:
Access and Right to Use and Occupy Public Land.
This is provided under S.8(1)(b) which says that the Right of Occupancy holder has an exclusive right to occupy and use the land which comprises his right. S.8(1)(d) adds that the interest is to be held in perpetuity. This means that land can be improved or developed for a variety of purposes (agricultural, residential, commercial, industrial, etc.) which are economically beneficial subject of course to planning restrictions.
Access to Credit or Loan.
S.12 and S.13 dwell on using the Right of Occupancy as collateral for the purpose of securing loan from a lending institution. This facility will improve immensely access to credit for farm improvement and urban development.
Selling One's Right of Occupancy.
Both individually and jointly, held interests can be sold in the open market. This right is provided under S.18(1)(2), S. 27 and S.36
Ownership of Trees.
The LTA gives a person the right to own trees separately from a right of occupancy in land. The rightful holders of trees can be inherited and sold. These matters are dealt with under S. 19, S. 20 and S. 21.
Number of Grants.
S. 24 and S. 39 states that any Zanzibari above 18 years old is entitled to get one grant of agricultural land and two grants of urban residential land. In addition, it is possible under S.39 (b) for additional grants of urban land for residential purpose to be made on a case-by-case basis. Moreover, there is no limit to the number of urban grants a person may receive for a commercial or individual purpose provided the procedures are observed.
Informal Sector.
S. 39 (3) provides power to grant land in urban areas to eligible persons for among other things, business, handicrafts, industrial purposes, local market and stalls.
Jointly Held Interest.
Rights to hold interests in land jointly are provided under S. 35 and S. 36. This is a great opportunity for co-operative societies and similar groups both in rural and urban areas to acquire land.
Lease of Right of Occupancy.
The interest holders of Right of Occupancy may lease his/her Right of Occupancy interest. This is provided under S. 50. It adds that the maximum duration of lease is 15 years. For those parcels which are jointly held, approval by all members of jointly held interest is necessary. Through leasing small businesses can gain access to production space e.g. workshops, shops, market stalls and the like.
Therefore, the above mentioned LTA provisions not only give the poor access to land resources but also facilitate the operation of the land market. When the land resource plays its role as a factor of production, as capital, as real property, and the like, definitely it can help to alleviate poverty in the Isles.
THE BACKGROUND OF THE LAND TENURE SYSTEM
The 1982 Land Policy report by Yahya was the starting point of transformation of the current Land Tenure Systems. The purpose of this report was to regularise the system of land holding in Zanzibar which would lead to security of land and reviving the land market.
The whole Land Administration system was studied. Some observations and recommendation were:
Observations
Recommendations
Another study was carried out on Land Information System and Land Control in Zanzibar (Larsson and Stoimenov, 1983). It was found that it was not possible to start systematic adjudication and land registration activities unless there is a clear legislation to govern these activities . In 1985 Lawrence prepared the required legislation for the land adjudication and registration exercise. A few years later (1990), the Land Survey Act, The Registered Land Act, The Land Adjudication Act and the Land Tenure Act were passed by the legislature.
After the establishment of the Commission for Lands and Environment (COLE) in 1989 as a single body to govern land activities in the Isles, the first draft of the Land Tenure Act was prepared in 1990 by the Committee of Zanzibari land professionals under the guidance of Prof. Norman Singer. The LTA became law in 1992 .Following the new Land Tenure Act, the Decrees that were passed after the revolution to govern land activities were repealed. The prime focus of this Act was to strengthen the security of tenure, to activate the land market and to unify and regularise the system of land holding in the counrty. The act also specified the importance of registering land for ease of land transfer.
The most important aspect of LTA as far as poverty alleviation efforts are concerned, is the fact that all land in Zanzibar occupied or unoccupied is public property but under the President’s custodianship. This assures the poor that their access to land is always guaranteed whenever the need arises.
CONCLUSION
The paper has demonstrated that giving the poor access to land helps to lift the poor out of poverty. Poverty, however, has remained a big problem to most Islanders especially the rural population despite their access to land. This was however due to lack of credit facilities, tenurial uncertainty, land tenure restrictions and the like.
This is so because poverty is not simply a matter of physical and material deprivation but a much more complex socio-religious phenomenon with cultural, political and economic dimensions. The causes and effects of poverty are multiple and highly complex in their interrelationships. So, a broader and inter-disciplinary poverty alleviation approach is needed.
Unlike the pre-trade liberalisation period, the land tenure reforms which began in the 80s have wiped out many restrictions which impeded the proper development of land. It included tenurial uncertainties and the like. From the land economist’s point of view the current land tenure system facilitates formal and open land market transactions. So the poor who have access to land and holders of Right of Occupancy may trade their interests in land through selling, buying, mortgaging, leasing and other transactions. By doing so, utilisation of land resource might be more productive and therefore the poor's income and as well as food production will increase to the extent of reducing poverty in the Isles.
REFERENCES
BIOGRAPHICAL NOTES
Muhammad Salim Sulaiman, a Land Surveyor, is Principal Secretary at the Ministry of Water, Construction, Energy, Lands and Environment of the Government of Zanzibar. He has held that post for a total of thirteen years, having previously been the Director of Lands and Surveys. He has chaired committees and task forces for the formulation of land and housing policies. He is Vice Chairman of the National Land Use Planning Commission of Tanzania. Chairman of Board of Directors for National Estate and Designing Corporation from 1986 to 1995. He is a member of the Government Council for the UNECA Regional Centre for Services in Surveying, Mapping and Remote Sensing. He is a correspondent for both FIG (1990 - ) and CASLE (1983 - ). He is the author or co-author of many publications onland surveying and land management, notably 'Land Policy and Land Information Systems in Zanzibar; The Need for Technical Assistance in Surveying and Mapping; 'Mapping Zanzibar Anew'; 'Zanzibar: An Integrated Development Plan for the Old Stone Town' and 'Islands within Islands: Exclusive Tourism and Sustainable Utilisation of Coastal Resources in Zanzibar.
Ali Khalil Mirza is a Director of Lands in the Commission for Lands and Environment since 1991. His educational background is Urban Planning and Land Economy He has contributed very much in the legal reforms that have taken place in the early 1990's to streamline the land administration in Zanzibar. It includes passing of various laws pertaining to land like the Land Tenure Act of 1992, Land Transfer Act of 1994 and Land Tribunal Act of 1994. He has also presented papers on the issues of land tenure focusing the Zanzibar experience. These are: Managing the Land Under Cloves and Coconuts, Zanzibar Experience which was presented at the RICS, London and the Development of Land Tenure in Zanzibar presented at the International Conference on Land Management in Africa that was held in Helsinki University of Technology. In 1996 he was in the preparatory committee for Habitat II in New York and also a member of Tanzanian team that prepared a country report for the main Conference in Istanbul.