Devolved Environmental Management: Neoliberalism, Decentralisation and Local Government Reform and Local Government Reform

An important step in the political history or Tanzania and the eventual devolution of rights to manage natural resources at the local level emerged in the 1980s when large shifts in Tanzania’s economic and political policy took place and policies of decentralisation and later local government reform were implemented (Mniwasa and Shauri, 2001). These changes formed part of the introduction of neoliberal reform in Tanzania, partly in response to the poor economic situation of the 1970s and 1980s³³ (Mniwasa and Shauri, 2001). This economic situation drove a number of important changes, including a new emphasis on external investment through donor-government partnerships (Nelson, 2007), which doubled in real terms per capita between 1974 and 1980 (Hyden and Karlstrom, 1993). The economic situation also led to reduced funding in the natural resources sectors, where funding for wildlife, forests and fisheries received just 1.2% of the development budget between 1976 and 1981 (Kideghesho, 2006).

When Mwinyi succeeded Nyerere as President in 1985, he accepted the International Monetary Fund’s Structural Adjustment Programme for induced privatization (Neumann, 1998). The implementation of neoliberal reforms began reversing the changes made through the Arusha declaration and reducing the size and roles of the state (Hurst, 2004). In 1983 the

32The 1975 Villages Act underlies this shift (Hyden, 1980).

33 Tanzania, alongside many African countries, experienced a deep economic recession during the 1970s and 80s, contributed to by plummeting coffee prices, oil shocks and rising international interest rates creating a higher burden of debt (Hyden & Karlstrom, 1993). The domestic situation was heightened by the extremely costly war with Uganda 1978-9 (Nelson, 2007).

71 government began a policy of decentralisation, introduced in the Local Government (District Authorities) Act (LGA) 1982, and associated acts covering government administration, urban authorities, local government finances and services (Mniwasa and Shauri, 2001). The biggest change was marked by the amendment of the constitution in 1984 which sanctioned the existence of local government authorities (Mniwasa and Shauri, 2001). Mniwasa & Shauri (2001) argue that these changes must be seen in a wider context of the trends in political culture, both within the country and globally, towards increased space for human rights, rule of law, political transparency and good governance. The increased role afforded to local authorities under decentralisation was part of the twin reforms of the civil service in central government (as desired by the World Bank in 1981) and local authorities, which involved the transfer of rights and responsibilities form the centre to the local arena (Seppälä, 1998;

Mniwasa and Shauri, 2001).

Under the LGA (District Authorities) 1982, legal rights to hold management responsibilities for natural resources were devolved from the Ministry of Natural Resources and Tourism (MNRT) to the local (district and village) level (Boiesen and Lund, 2003). Under the same act village authorities were established or registered as the institution responsible for matters within village boundaries (Boiesen and Lund, 2003). The institutional structure implemented in this case heralded the Village Assembly as the supreme authority, and the organisation through which the Village Council is elected to oversee the day-to-day management of the village (Boiesen and Lund, 2003). The act established two tiers of local government as both

“democratically representative corporate bodies with mandates to provide services and enact and enforce by-laws” (Lund, 2007: 2).

Crucially, Tanzania began a process of Local Government Reform in 1996, which became policy in 1998 (Lund, 2007). This set out a government priority to improve the delivery of service to the public through decentralisation on the understanding that it would bring about greater efficiency and capacity for effecting change lies at the local level (Ngware and Chale, 2002). The reforms covered political, administrative and financial decentralisation and the redefinition of the relationship between rural districts, urban council and lower level local authorities (Ngware and Chale, 2002). Within the programme, the role of the central government was confined to one of facilitation and enabling of service provision, the development and management of the policy framework, monitoring of accountability of local authorities, financial and performance auditing and the provisions of adequate grants (Ngware and Chale, 2002). Local authorities on the other hand took on new roles and

72 responsibilities of facilitating participation, planning and executing development programmes and fostering partnerships with civic groups (Ngware and Chale, 2002).

The relationship between the centre and local arenas was thus changed with the central’s role restricted to a policy-making body with supportive duties, monitoring responsibilities (Ngware and Chale, 2002). The regional administration was restructured within the programme so that the regional development directorate was replaced by regional secretariats, which were given a back-stopping role for local governments (Ngwilizi, 2002).

The changing roles and reporting lines of the different levels within Tanzanian government are shown in Table 3.1 and Fig. 3.2 (Blomley, 2006). The changes involved not only reporting lines, but also financial mechanisms, whereby the government was required to make conditional and unconditional block grants to local government authorities to provide increased autonomy in financial planning and budgeting, to be in tune with local needs (Walsh, 2012). To effect these changes, amendments were made to the LGA in 1999 (Act 6) to give legal effect to the principles guiding local government reform focusing on good governance, enhanced transparency and accountability (Ngwilizi, 2002). These changes have demonstrated political commitment to the policy of decentralisation and process of devolution through strengthening the authority and responsibilities of the local level and restricting the role of the state.

73

• Overseeing development activities at the local level

• Ensuring local law and order

• Enforcement of local bye-laws

• Co-ordination of local planning

• Overseeing land use planning and application

10,571 (registered)

Ward

• Co-ordinating and supporting village planning

• Supervising service delivery

• Ensuring integration of priorities into district plans and budgets

1,756

District Council

• Maintaining law and order and good governance

• Ensuring equitable and effective delivery of services to people in their areas

• Raising, receiving and distributing funds in line with local development priorities

97

Regional Administrative Secretariat

• Linking local governments to central ministries

• Advising local governments on planning, financial management and service delivery

• Monitoring and reporting local governments activities to central government

21

Table 3.1: Local Government Structure and Functions in Mainland Tanzania (adapted from Blomley, 2006).

74 The administrative rights and responsibilities of the local level under decentralisation and local government reform were supported by changes to land tenure arrangements in Tanzania as part of the Land Act 1999 and Village Land Act 1999, which came into effect in 2001 (Nshala, 2002). These established three categories of land (general, reserved and village³⁴) in Tanzania. Village authorities, through the policy changes discussed in this section now hold

34 Village lands are classified under four circumstances; land registration under section 22 of the LGA no 7 of 1982 as within the boundaries of a village; lands designated under the Land Tenure Village Settlements Act 1965; clearly demarcated village boundaries; and land that is not reserved land and has been used by the villagers for at least 12 years before the enactment of the Village Land Act 1999 (Nshala, 2002).

Fig. 3.2: Local Government Reporting Structures in Tanzania using Participatory Forest Management as an Example (Blomley, 2006).

Legend for Fig. 3.3

Impact and Output Reporting Financial and Progress Reporting

Ministry of Finance

Ministry of Natural Resource and Tourism

(Forestry and Beekeeping Division)

Prime Minister’s Office-Regional Administration and

Local Government

Regional Secretariat Regional Catchment

Forest Office

District Catchment Forest Office

District Council (District Forest

Officer)

75 the legal right to manage natural resources on such lands, which are classified (de jure) as the property of the village.

Neoliberal reforms from the 1980s, therefore, resulted in broad shifts in the relations between state and society and marked a definite increase in the role of the village within political administration, the roll-back of the state with respect to responsibilities and financial arrangements and legal security of the rights of the Village Council to manage areas of village land. In the next section I discuss this increasing role of the local level with respect to the policies for natural resource management and the eventual introduction of CBNRM in national policy from 1998.

3.3 Nature Conservation Paradigms, Policy, and Protected Areas in Tanzania