LAND LEGAL REGIME IN TANZANIA ZANZIBAR: ACCESS RIGHTS AND LAND OWNERSHIP TO THE PROTECTION OF INDIGENOUS PEOPLE

Abstract

This article examines the extent to which the legal and management framework governing the land resource in Tanzania Zanzibar provides the access rights and land ownership to the protection of indigenous peoples. The study focuses on the legal and management regime administering land resource and their significant impacts to the indigenous people of Tanzania Zanzibar. It outlines the historical background which is very extremely important in understanding the legal framework and development of land resource in the country towards the level of unanimous measures undertaken by the government of Tanzania Zanzibar in safeguarding the land ownership, access rights and protection of indigenous peoples.    

The study analysis explores on the provisions of the Constitution of Zanzibar, 1984 and enacted laws including the Land Tenure Act, The Land Adjudication Act, The Registered Land Act, The Land Transfer Act and other ancillary related laws. These laws were passed by the House of Representatives of Zanzibar for the objectives of governing and administering land resource and other related matters in Tanzania Zanzibar. Indigenous people and other key stakeholders had cried a lot, on alleging that the peoples’ access rights and ownership of land are jeopardized to the extent of threatening their legal property rights and increasingly land tenure insecurity.   

In the perspective of protection of indigenous peoples’ rights on their ownership of land resource, the article’s focus is on the legal framework governing the protection indigenous peoples’ rights to the land ownership. The main focus is on Tanzania Zanzibar. Additionally, in the level of discussion, the article brings about other regional and international best experiences of the legal framework on the access rights, land ownership and protection of indigenous people.