CUSTOMARY LAND TENURE RULES IN TRANSITION: IMPLICATION TO WOMEN RIGHTS IN MATRILINEAL SOCIETIES IN TANZANIA

Jenesta Urassa

AfRES from African Real Estate Society (AfRES)

Abstract: Customary land tenure is the landholding system which is guided by customs and traditions of indigenous communities. Customary laws are unwritten, but draw their legitimacy from customary laws varying from one society to another. In rural areas of Tanzania, 80% of the population depend on customary tenure. Women constitutes a large number of resource users. In the country most of societies (80%) operates under the patrilineal system and few (20%) under the matrilineal system particularly the Eastern ethnic groups (Zaramo, Luguru, Kaguru and Ngulu) and Southern Eastern tribes particularly Makonde, Yao, Makua, Mwera, Machinga and Matumbi. The matrilineal system is a clan-based social organization system that traces descent through the female line where individuals belong to the same descent group as their mothers. Under customary land tenure, women hold lower position, they have anly use rights and lack control or decision making. Women in matrilineal society have more tenure rights because they get communal rights in the name of their matriarchy. Customary land tenure has evolved since colonialism. In reviving the traditional tenure system, major interventions such as Arusha Declaration, Ujamaa village programme and sector reforms in 1990’s have been adopted by the post-colonial government. The major changes which are taking place in the country such as increase population, urbanization, integration in monetary economy and HIV/AIDS has implication to customary land tenure. The Waluguru of Morogoro rural district were studied in 2017 and 2018 through mix method approach. The study found changes in relation to customary land tenure rules including ownership, control, transfer and land use patterns. Along these processes of changes, women were found to lose their tenure rights. The findings of this study call of government intervention to protect women’s land rights in the current customary land-tenure system.

Keywords: Customary; Matrilineal; Tanzania; Waluguru (search for similar items in EconPapers)
JEL-codes: R3 (search for similar items in EconPapers)
Date: 2019-09-01
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