Report on the Workshop on Common Pool Resources and Sustainable Livelihoods in Semi Arid Regions of Tanzania held at the New Africa Hotel – Dar-es-Salaam

1.0 Introduction

The workshop was held at the New Africa Hotel in Dar-es-Salaam on the 14th Day of December 2001. It was attended by stakeholders drawn from diverse disciplines in the field of natural resources conservation and management. This comprised of researchers, academicians, politicians, representatives from civil society organizations and the donor community. (See Annex A)

2.0 Opening Address

The workshop was officially declared opened by the Regional Commissioner for Sumbawanga at 9.45 am. The Commissioner emphasized the need for critically deliberating pertinent issues relating to the role of communities in natural resources management in Tanzania in the light of administrative set-up at the village level. He pointed out that there was a need to critically examine the natural resources management law and policy strategies in the light of devolution of power affected target groups – community members living in proximity to the natural resources.

Reflecting on the experiences from his region, the Commissioner stressed the need to allow villages to plan, manage and budget for the natural resources found in their jurisdictions. He observed that it is only when this is done that community members will derive benefits and see the need and incentive for conserving and protecting the country’s unique natural resources.

After these remarks the Commissioner officially declared the workshop open and wished the participants fruitful deliberations.

3.0 Presentation of Papers

3.1 A Review of CPR’s: A Country Report on Tanzania - Prof. Shivji

Professor Shivji started his presentation by providing a background to the workshop. He pointed out that the workshop is part of an on-going research project on policy implications of common pool resource knowledge in Africa and India sponsored by DfiD through the department of Geography of the University of Cambridge. He informed participants that the project is being conducted in Tanzania, Zimbabwe and India. The professor informed participants that the genesis of the project is to identify the multiple and competing claims of natural resources facing users and the challenges of resolving and reconciling the competing claims.

The presenter informed participants that one of the main aims of the project is to develop common analytical tools that will enable resource managers to make informed decisions about regimes for conservation and protection that meet the objective of providing sustained livelihood opportunities for affected, often marginalized communities. The workshop, the Prof noted, is an on-going initiative to deliberate in-country reports. The Tanzanian paper was discussed at workshop was held in Mpwapwa sometime in October 2001. The report is now being presented before stakeholders in this workshop for critical deliberations and insights whose input will be incorporated into the final version of the report to be submitted in February 2002.

Prof. Shivji underscored the importance of understanding the social, legal, economic and political factors determine ownership and use of natural resources in order to chart out strategies for alleviating poverty.

After setting the background of the workshop, Prof. Shivji proceeded with his paper. He noted that the geographical/introductory portion of the paper was not relevant for the forum as most participants were well versed with the information and he saw little if any use in reiterating that.

The Professor stated by pointing out that like most developing countries, Tanzania’s baseline national data is, old, weak and fragmented. This to some extent affected his research to the extent that some of the information obtained in the field cannot be readily verified by comparing that on national record. Overall, however, this did not adversely affect the research process since it was not essentially premised on that kind of data analysis.

Professor Shivji also pointed out that most of the literature on the subject of CPR abstracted the concept from a broad development approach laying little emphasis on the historical context of the concept. He argued that the CPR concept has to be located within the framework of issues relating to governance. That is the inter relationship between state and society. He noted that the paper from India that was presented at the Cambridge workshop did not reflect this linkage. On the contrary, he noted, that of Zimbabwe to some extent reflected this concern.

After setting out the governance structure at the village level in Tanzania, Professor Shivji pointed out there was some overlapping of functions at the level of governance which does not augur well with good governance for natural resources management.

The presenter noted that land ownership would ultimately decide who controls natural resources within any social setting. He observed that despite its critical role in the control of resources, most sectoral reforms in Tanzania have not adequately addressed the land tenure system that was inherited wholesale at independence. The genesis of the colonial legacy of land tenure is that it vested radical title to the Head of State. Lack of addressing this, he argued has been the route cause of conflicts on ownership of resources that are found on land. The conflict is manifested in the wrangle between community members and the Government on issues of control of land, where all natural resources are found.

Professor Shivji argued that the conflict arises due to the history of appropriation of land by the State through declarations of protected areas, allocation of land to private sector investment. The presenter noted that the fallacy of the matter is that the conflict is manifested on ownership of resource found on land rather that the use of the resources. In most cases, he pointed out, that the government places restrictions on land arguing that the said land is “public land.”

The introduction of the new land laws – the Land and Village Land Acts in 1999 has done little to alleviate the situation. The Government under the guise of “public land” may still appropriate village land under these laws. In this respect Professor noted that customary rights of villagers are at the mercy of being appropriated by the state or outsiders through conversion under the new laws.

Professor Shivji also noted during the 1960’s and late 1970’s, the government through the Party generally initiated research on national issues. This was also the case for research on land tenure systems. The presenter argued that the trend since then had changed and today the common trend of policy-making is donor driven and funded and conducted on a sectoral basis. Consequently, the consultation process does not fully involve affected communities and this has had a negative impact on the management of resources.

The presenter used the existing wildlife and forest policy and legal regimes to illustrate the prevailing context of communal property resources in semi arid lands in Tanzania. He noted the inherent conflict in the use of common property resources in Tanzania in these regimes. He pointed out that all wildlife in Tanzania is vested in the state by virtue of the Wildlife Conservation Act of 1974.

The rights of communities and especially indigenous people to the use and access of resources in areas demarcated for wildlife are subject to restrictions of permits and license. In some cases, the rights have been denied in totality. This, the Professor pointed out has escalated the nature of conflicts as community members cannot understand why “outsiders” are constantly being permitted to hunt and benefit from wildlife resources which are in their jurisdiction, and have historically been in their domain, while they are not allowed even access to grazing land and water for their livestock.

Professor Shivji also addressed the burning issue of the rights of indigenous peoples to village land within the context of creation of game controlled areas and game reserves. He observed that the highest court of the land – the Court of Appeal in the Mkomazi Case where the court reversed a High Court decision that had recognized the rights of local people to land. He also gave the example of the situation in the Ngorongoro Conservation Area where local peoples rights to the use of resources in the area have been abrogated.

On the concept of Wildlife Management Areas (WMA s) introduced by the wildlife policy and in the process of being legislated, the presenter argued that the governance structure under the WMA s would cause problems. He pointed out that the question of ownership and control of land and wildlife resources would lead to problems in effectively implementing the otherwise well-devised strategy of devolving unto local communities some kind of control of wildlife resources found in their jurisdictions.

On the involvement of local community members in forestry resources, the presenter commended the efforts taken by the Singida District Council in Migori Forest. He pointed out that this model may serve to illustrate that local community members could be empowered to take charge of resources and manage them accordingly. However, he cautioned that the model still appears to be “project – initiated” by donors although the District is fully involved. This scenario, he pointed out, makes the issue of its sustainability and viability difficult to determine.

In conclusion, Professor Shivji reminded the participants not to loose sight of discussing the issue of common pool resources within the historical context of land tenure, as land is the main natural resource.

3.2 Issues from the Mpwapwa Village Workshop - Mr. Angelo Mwilawa

The presenter from the Livestock production Research Institute in Mpwapwa provided a summary of the report on a meeting to discuss problems of common property management between villagers and researchers in Dodoma region.

The presenter informed participants that the meeting was held towards the end of October 2001. Representatives from villages in Dodoma region – a semi arid area, the District Agricultural and Livestock Development Officer of Kongowa and Dan Brockington from the Cambridge University attended the meeting.

The presenter pointed out that the aim of the meeting was to present a summary of the report prepared by Prof. Shivji to villagers and ask for their comments on it and deliberate on issues arising from the report. All rural districts in the region were represented save for Dodoma urban district. The deliberations on the report were done in a plenary discussion that centered mainly on decision-making and management of common pool resources.

More specifically, the theme focused on problems relating to accountability, transparency and good governance. The views, ideas and recommendations advanced by representatives of the villagers were to be incorporated into the report that is the being discussed at this workshop.

Mr. Angelo summarized the main issues arising from the workshop as follows:

·  It was noted that there existed serious problems in the administration of resources at the village level that contributed to poverty;

·  The village governance structure was seen to be the main stumbling block in the overall management of village resources.

·  There were no clear rules of accountability and governance leading to a lack of awareness on the decision-making process relating to the use of natural resources, taxation and expenditure.

·  A consensus among the villagers on the best way to empower them in natural resources conservation and management was to empower the Village Assembly where all voices would be heard and matter finally and conclusively determined.

·  Currently, the Village Assembly was bureaucratic and not representative of the voices of the people.

In conclusion the presenter informed participants that the critical issue to be considered in empowering local community members at the village level is to sensitize them resources use and management while acknowledging their pre-existing customs and norms relating to governance structures.

(After this presentation, the Chairman requested participants to take a 15 Minute Break and thereafter resume for a general discussion on the papers presented.)

3.3 General Discussion on Papers 1 and 2

3.3.1 Comments from Participants

One of the participants from the United Nations Development Program in Dar-es-Salaam observed that the even during the 1960’s, the policy making process, which had an impact on the manner through which natural resources were to be governed, technical committees made of bureaucrats made decisions without taking into account public participation. He noted that it was therefore trite to argue that during that epoch, there was “participation” from affected target groups.

The Regional Commissioner of Singida pointed out that it was important to deliberate on the vision for development that was in store in view of the drive to involve private investments in natural resource management. He also raised concerns on the issue of empowering only Village Assemblies. He was of the considered opinion that it would be more prudent to direct the empowerment process to the village administrative structure in its entirety, rather than focus only on Village Assemblies. He was also of the view that the awareness raising campaign of community members’ should be broadened in scope so that it takes on board the inclusion of community members in developing and planning strategies of wise use of resources.

The Regional Commissioner also observed that the success story of Mgori Community Based Conservation initiatives in his District was made possible by the villagers’ own initiative. He stressed that villagers know the importance of natural resources in their day to day live and that natural resources development initiatives ought to be built upon what they are familiar with rather than imposing new concepts that are not known to most of them.