DIIS Working Paper

Rights to sub-soil resources in flux in Tanzania

Petroleum and mining investments always trumped rights to land

Tanzania prioritises extraction of mineral resources over the protection of surface land rights. However, this is not a new phenomenon. Dating back to colonial times, mainland Tanzania has a tradition for acquiring land for investment purposes. This paper, 'Rights to land and extractive resources in Tanzania (1/2): The history', analyses the historic changes in rights related to oil/gas and mining projects. Based on a review of the extractive sector literature combined with an analysis of changes in laws and regulations, it depicts the fluctuations in the rights of different stakeholders. These are more fluid than most often depicted.

Overall, the paper argues that the role of the state in governing investments in the extractive sectors has gradually been strengthened. The laissez faire approach of early colonial times has been replaced with the very detailed legislation we see today. However, the state’s direct involvement as an investor in the extractive sectors has waxed and waned across the years. The private investors’ role has waxed and waned accordingly. Although the protection of smallholder rights has improved over the last couple of decades, they have been the weaker party throughout.

The paper is first of two papers on rights to land and extractive resources in Tanzania. It is followed by a second paper, 'Rights to land and natural resources in Tanzania (2/2): The return of the state', which analyses the post-structural adjustment reforms of the late 2000s. The papers are published as part of the research programme, 'Hierarchies of Rights: Land and Investments in Africa' Hierarchies of Rights - Land and Natural Ressource Investments in Africa.

Thabit Jacob, PhD candidate at Roskilde University and University of Dar es Salaam

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Rasmus Hundsbæk Pedersen
Sustainable development and governance
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Rights to land and extractive resources in Tanzania (1/2)
The history