The occupants have the right to be heard before expropriation of property

The occupants have the right to be heard before

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compensation. The occupants have the right to be heard before expropriation of property. Compensation is only payable when there are unexhausted improvements and/or someone is occupying the land and had put some effort -- perhaps clearing it into a farm; there must be value added to the land. Given this principle under the constitution of Tanzania all residency along the pipeline route from Mtwara to Dar es salaam were entitled to compensation. However the calculation of the amount to be compensated is based on the value added on land. This means the calculations are based on the current investment on land and does not consider future return on same land. This is what has been a major source of conflict between the government and the citizens in Mtwara.
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55 One residency with 6 acres of disposed land had provided his calculations on the future return on his land and found that, He has 200 coconuts trees on every acre that means 200 X 6 to be 1200 coconut trees in total. Every coconut tree produces 20-30 coconuts every year and the market value of every coconut is TZS 200-300. This means that every year’s cash return (revenue) on investment from his farm is 1200 X 30 X 200 = 7200,000. In 10 years he will get 7200,000 X 10 = 72,000,000 but the government did not consider this instead they refunded him the current value of the farm only. 5.3. Analyze civil expectations on the distribution of gas sites to local investors that leads to violent conflict. Tanzanian expectations from the natural gas harvest are the improved social economic conditions. About 56.6% of all respondents demanded for the improved social and economic situation. The researcher wanted to know if Mtwara people wanted the gas sector to benefit their region only or the entire nation, the results was 17.7% favored the retentions idea while 82.3% wanted it to benefit the entire nation. In view of that, the researcher found that the violence conflict is less fueled by the scheme of transporting the gas to Dar es Salaam, instead it highly promoted by the structural weakness that does not participate people in decision making while giving them no right to access information about the spectral development. A view of that statement is that, 46% of the respondents asked for more inclusion and active participation of the local people at all stages of the decision making while another 46% were asking for the government to give citizens access to the contracts it inters with the investors. This general expectation was used by the politicians to
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56 organize groups of people to riot and engage civil violence against the systems of the government in Mtwara region. The government needs to educate people more about the legal framework that protect investor’s interests and the government interests from the third parts. Some studies link violence with the level of awareness that people have and the ability of politicians to use mass media to spread venomous by the use of exaggerated figures and information.
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  • Spring '18
  • dr.Fasha
  • Tanzania

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