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Research Report

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

Robert Kibugi
D. Andrew Wardell
Marie-Claire Cordonier Segger
Caroline Haywood
Renée Gift
Copyright Date: Jan. 1, 2015
Pages: 77
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Table of Contents

  1. (pp. 1-4)

    Tanzania, known formally as Jamhuri ya Muungano wa Tanzania (the United Republic of Tanzania), is a unitary republic in East Africa, formed in a merger between Tanganyika and Zanzibar in 1964 (NBS 2013a, p. 12). With a total land area of 88.6 million hectares (NBS 2013a, p. 2), Tanzania supports a wealth of diverse natural resources, including diamonds, oil and gas, forests and agricultural lands. The population, in 2013, stood at 44,928,923 people (NBS 2013a, p. xviii), with 43,625,354 inhabiting mainland Tanzania, and 1,303, 569 living in the archipelago of Zanzibar. Economic growth in Tanzania has risen incrementally over the...

  2. (pp. 5-8)

    This section provides a succinct background and outline of the governance framework in Tanzania with particular emphasis on natural resources management. It considers how the governance system can foster or frustrate sustainability. Illustratively, an examination of the historical aspects of the Ujamaa policy highlights present-day questions of land tenure and participatory management of resources. It also considers the constitutional position of environmental rights given their relevance for environmental safeguards. Since climate change presents a major challenge to sustainable development of Tanzania. This section also provides a summary review of the policy-level approach to addressing climate change, and notes that Tanzania...

  3. (pp. 9-22)

    This section builds on the analysis of how sustainable investments are governed in Tanzania, and examines the specific legal framework that administers large-scale land-use investments in the forestry, energy, agriculture and mining sectors. Particular attention is paid to how the legal system facilitates investments that support climate change adaptation goals, while also establishing systems that secure environmental and social safeguards.

    The sectors discussed in this section, as highlighted earlier in section 2, have been recognized within Tanzania’s national goals and priorities as key to its economic and social development. Each sector is examined with an overview of the factors contributing...

  4. (pp. 23-53)

    In this section, the report undertakes a review of the legal frameworks that are crosscutting and key to the governance of sustainable investments in four key sectors of energy, mining, forestry and agriculture. This in-depth analysis of the Tanzanian legal framework relates to four key challenges to sustainable investments. The analysis in this section also highlights several case studies to demonstrate how the various opportunities and challenges surrounding sustainability of investments can be addressed.

    According to the 1996 National Investments Promotion Policy, the socioeconomic transformation of Tanzania will be dependent on an enabling investment environment, as well as deliberate efforts...

  5. (pp. 54-54)

    The forgoing research demonstrated that although national objectives desire sustainable development, significant changes in law, policy and implementation are required to ensure land-based investments are sustainable. Notably, it is clear that certain primary elements contribute to making investments sustainable within the Tanzanian regulatory framework. These include the use of economic incentives for businesses in order to attract and retain investments. This will, however, only contribute to making an investment sustainable where the incentives uphold soci0economic and environmental safeguards including co-benefits. The economic incentive extended to investors must also not be perverse. In addition, the integration and strengthening of rules that...