Legal Assistance on the Village Land Act in Tanzania

—The Change in the World Bank's Land Policy—

Abstract

Property rights in Tanzania provided in the “Village Land Act, 1999” differ from modern property rights in Western law particularly with regard to the “coustomary right of occupancy” and the limited rights, known as the “commons” of community members in villages.

The World Bank's land policy has considerably affected Tanzania and other African countries. Therefore, a need arises for a deeper understanding of the transitional rights provided in the aforementioned act, changes in land policy, and the World Bank's theories on land policy. An overview of the World Bank's land policy, a shift from the neo-classical theory of new development economics to the recognition of the informal system. This overview reveals that Tanzania's “Village Land Act, 1999” is highly compatible with the newly established land policy of the World Bank.

This drastic change in the World Bank's policy was influenced by Hernand de Soto's theory that ownership should be granted on the basis of concrete data.

While Japan has already committed to providing legal assistance in some Asian countries, there is a potential need for legal assistance with regard to land law reform in Africa as well: however, Japan has not taken any action in this regard. Japan could provide assistance separate from that provided by the World Bank, as the former's experience in enacting Civil Laws, during the Meiji era, could benefit African countries.