Defining and assessing standards for community-smart consultation and consent in the context of land return: A case study from Tanzania

Abstract

Goal and Objective

A global land rush – driven by a variety of factors—is driving transformative change in African rural communities that depend on land for their livelihoods. This increased demand has resulted in the acquisition of large areas of land on the continent. While the pace and scale of land acquisition may be levelling off,¹ in many cases, some or all of the land acquired by investors stands idle.²  

Land return – in which a private company legally transfers all or part of its land holdings back to a community or government – is an emerging phenomenon that may be on the rise as companies seek to limit their exposure to risk, governments redesignate lands and communities push for the return of their land. Land return holds promise as a way to correct for overzealous and misguided land acquisition and historical injustices amidst a growing understanding of the value of land to communities.   

Yet land return presents challenges, many of which may be unexpected. Though existing frameworks and guidelines regarding responsible investments require effective community consultation, there is less clarity and limited guidance on what risks, mitigation strategies, and tools are needed to safeguard the rights of communities in the context of land return.  

Methodology

This conference paper brings forward experience from a recent land return process in Tanzania in which Landesa and its partners worked to identify and put into practice standards and approaches that protect community rights while supporting a company’s efforts to comply with best practices, national and international requirements and expectations for responsible corporate practice.  

The tools and processes tested and shared through this project align with efforts to support implementation of the Acceleration of the African Continental Free Trade Areas (AfCFTA) and achieve the aspiration of the Africa We Want (Agenda 2063). The Tanzania context presents a framework in which efforts to secure land rights are supported by strong land administrative systems, while also posing challenges to communities’ ability to reclaim land that has been allocated to investors.  

Results

This conference paper highlights the importance of inclusive and transparent land governance practices by presenting a case study of Landesa’s experience working with a forestry company to engage with communities and local land administration to understand needs and expectations around the company’s intention to return

approximately 14,000 hectares of land. The case study will highlight land return-related risks, present a model for community benefit sharing arrangements, and will share lessons learned, highlighting potential best practices that companies holding idle land might consider and employ to reallocate to land-scarce communities. The paper also presents recommendations for policy change to improve land governance which is critical for a peaceful Africa with inclusive growth and sustainable development which forms one of the aspirations of the agenda 2063 and imports for free trading.  

This paper further considers gender and youth, land laws and policies, and land-based investment and contributes to inclusive land governance for intra-Africa trade, food security and sustainable food sub-them of the conference on Land Policy in Africa (CLPA). 

Keywords:  Africa, Tanzania, Land, Business, Community, consultation, consent, responsible investment, FPIC, tenure security, land return, policy