Papers by Abdul-Nasser Hikmany
The Constitution of Zanzibar 1984, the Land Tenure Act 1992 and the Land Acquisition Decree 1909 ... more The Constitution of Zanzibar 1984, the Land Tenure Act 1992 and the Land Acquisition Decree 1909 introduces conflicting concepts of " acquisition " and " termination ". As there is a law on acquisition and another for termination, the land acquisition officers are faced with difficulties in selecting the right approach, not to mention that the law on termination does not have provisions in guiding the termination process e.g. notice and inquiry. The land acquisition institutions also seems not to be taking orders from a single authority, rather than the whole government and the local government having command in acquiring land rights and interests. The practicalities of the land acquisition which are enlighten in this paper, have identified the use of force in acquiring private lands for private investment. Other issues include discrepancies in paying compensation, deficiencies in the inquiry and notice and lack of court " s approval prior to acquiring private land rights. The authors use different approaches to reveal significant issues in the land acquisition process in Zanzibar. These methods include an analysis of case laws and legislative instruments. The interviews conducted with the land officers and deprived land holders early 2015 are also referred. This paper concludes with recommendations for the Zanzibar Government to consider, such as amendment of laws and backing up the land acquisition process with principles of transparency, accountability and public participation.
The National Land Use Plan (NLUP) sets out the physical planning framework with a perspective to ... more The National Land Use Plan (NLUP) sets out the physical planning framework with a perspective to the year 2015. The NLUP also provides a spatial framework for public as well as private sector investment programmes and serves as a basis for environmental protection. The Zanzibar Vision 2020 on the other hand aims to achieve sustainable economic growth averaging 9-10% by the year 2020 by diversifying the economy with the tourism industry which will provide employment opportunities of around 50% compared to 20% in agriculture.
Starting from planning permission and ending with enforcement powers, the land planning authorities can therefore, as per the NLUP and Vision 2020, play a significant role in the implementation of sustainable tourism development such as in setting the land use framework in a way that fits the tourism industry. Nevertheless, confrontation between the authorities as well as economic, political and social interference has never escaped the planning system. The same applies between public interest against public participation. In terms of economic growth, sustainable tourism industry has a direct role in revenue and employment. Yet, the tourism industry has faced criticism on environmental damage which is a move away from sustainable tourism industry. In analyzing the Zanzibar’s practicalities revealing successes and failures of the land planning authorities in the implementation of sustainable tourism development, this study concludes that Zanzibar favors economic sustainability in comparison to ecological sustainability. Hence Zanzibar is recommended to recognize the importance of not only rationalizing the use to which land is put in sustainable tourism development, but even more importantly ensuring that land and resources are stewarded ecologically for present and future generations.
The Constitution of Zanzibar 1984, the Land Tenure Act 1992 and the Land Acquisition
Decree 1909 ... more The Constitution of Zanzibar 1984, the Land Tenure Act 1992 and the Land Acquisition
Decree 1909 introduces conflicting concepts of ‘acquisition’ and ‘termination’. As there is a
law on acquisition and another for termination, the land acquisition officers are faced with
difficulties in selecting the right approach, not to mention that the law on termination does
not have provisions in guiding the termination process e.g. notice and inquiry. The land
acquisition institutions also seems not to be taking orders from a single authority, rather than
the whole government and the local government having command in acquiring land rights
and interests. The practicalities of the land acquisition which are enlighten in this paper, have
identified the use of force in acquiring private lands for private investment. Other issues
include discrepancies in paying compensation, deficiencies in the inquiry and notice and lack
of court’s approval prior to acquiring private land rights. The authors use different approaches
to reveal significant issues in the land acquisition process in Zanzibar. These methods include
an analysis of case laws and legislative instruments. The interviews conducted with the land
officers and deprived land holders early 2015 are also referred. This paper concludes with
recommendations for the Zanzibar Government to consider, such as amendment of laws and
backing up the land acquisition process with principles of transparency, accountability and
public participation.
Private land rights or interests are protected under the Constitution of Zanzibar 1984 (article
1... more Private land rights or interests are protected under the Constitution of Zanzibar 1984 (article
17). These rights or interests, when owned as per the laws, are not to be forcefully acquired
by the government, save for need of the public. Each land acquisition law in Zanzibar has its
own objective, distancing itself with another land acquisition law, and making it worse, even
contrary to the Constitution of Zanzibar 1984. Though all land acquisition laws claim to be
attaining the public need, they apply different phrases, meaning that they have different
objectives. There exists an extended list of these objectives: national interest, public purpose,
public use, private purpose (company or investment), ancient preservation and disaster
management. A thorough analysis of the land acquisition laws is made in this study, which
are the Land Tenure Act 1992, the Land Acquisition Decree 1909, the Town and Country
Planning Decree 1955, the Zanzibar Investment Promotion and Protection Act 2004, the
Ancient Monuments Preservation Act 2002 and the Disasters Management Act 2003. After
the analysis, as well as referencing relevant case laws, this study tries to recommend using
‘public interest’ introduced by the Constitution of Zanzibar 1984 as the innermost objective,
to clean up the confusion.
Pollution of the marine environment is a global issue as many economic activities are engaged via... more Pollution of the marine environment is a global issue as many economic activities are engaged via the maritime zones to the extent that 16% of the people live in the coast, 90% of trade goes by sea and 85% of the coast is developed while at the same time rising sea level by 3mm every year. This study gives an analysis of the United Nations Convention of the Law of the Sea (UNCLOS) and how far it provides powers to the coastal state in protecting their maritime zones and preventing pollution. It concludes that the coastal states have sufficient powers to protect their marine zones against pollution caused by vessels ranging from detention, institute proceedings, receiving sufficient information and claiming monetary damages from an infringing vessel.
The National Land Use Plan (NLUP) sets out the physical planning framework with a perspective to ... more The National Land Use Plan (NLUP) sets out the physical planning framework with a perspective to the year 2015. The NLUP also provides a spatial framework for public as well as private sector investment programmes and serves as a basis for environmental protection. The Zanzibar Vision 2020 on the other hand aims to achieve sustainable economic growth averaging 9-10% by the year 2020 by diversifying the economy with the tourism industry which will provide employment opportunities of around 50% compared to 20% in agriculture.
Starting from planning permission and ending with enforcement powers, the land planning authorities can therefore, as per the NLUP and Vision 2020, play a significant role in the implementation of sustainable tourism development such as in setting the land use framework in a way that fits the tourism industry. Nevertheless, confrontation between the authorities as well as economic, political and social interference has never escaped the planning system. The same applies between public interest against public participation. In terms of economic growth, sustainable tourism industry has a direct role in revenue and employment. Yet, the tourism industry has faced criticism on environmental damage which is a move away from sustainable tourism industry. In analyzing the Zanzibar‟s practicalities revealing successes and failures of the land planning authorities in the implementation of sustainable tourism development, this study concludes that Zanzibar favors economic sustainability in comparison to ecological sustainability. Hence Zanzibar is recommended to recognize the importance of not only rationalizing the use to which land is put in sustainable tourism development, but even more importantly ensuring that land and resources are stewarded ecologically for present and future generations.
SSRN Electronic Journal, 2000
Background: The Swahili people in Zanzibar have traditionally depended heavily on sailing and fis... more Background: The Swahili people in Zanzibar have traditionally depended heavily on sailing and fishing in the waters of the Indian Ocean for livelihood. Zanzibar’s marine and coastal environments are comprised of an interconnected variety of complex ecosystems. These ecosystems have supported and shaped the local culture, economy and social well-being of coastal Zanzibaris. The healthy functioning and continuous provision of goods and services by Zanzibar’s marine ecosystems rely on the wise management and protection of its essential habitats and resources. A few key actions are required to ensure that the direct and indirect benefits provided by the ocean are maintained into the future. Perhaps one of the most critical needs is to strengthen the legal and institutional framework for sustainable management and protection of marine and coastal resources and to ensure effective implementation of the laws and regulations. Objectives: The aim of this task was to study the legal and insti...
SSRN Electronic Journal, 2000
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Papers by Abdul-Nasser Hikmany
Starting from planning permission and ending with enforcement powers, the land planning authorities can therefore, as per the NLUP and Vision 2020, play a significant role in the implementation of sustainable tourism development such as in setting the land use framework in a way that fits the tourism industry. Nevertheless, confrontation between the authorities as well as economic, political and social interference has never escaped the planning system. The same applies between public interest against public participation. In terms of economic growth, sustainable tourism industry has a direct role in revenue and employment. Yet, the tourism industry has faced criticism on environmental damage which is a move away from sustainable tourism industry. In analyzing the Zanzibar’s practicalities revealing successes and failures of the land planning authorities in the implementation of sustainable tourism development, this study concludes that Zanzibar favors economic sustainability in comparison to ecological sustainability. Hence Zanzibar is recommended to recognize the importance of not only rationalizing the use to which land is put in sustainable tourism development, but even more importantly ensuring that land and resources are stewarded ecologically for present and future generations.
Decree 1909 introduces conflicting concepts of ‘acquisition’ and ‘termination’. As there is a
law on acquisition and another for termination, the land acquisition officers are faced with
difficulties in selecting the right approach, not to mention that the law on termination does
not have provisions in guiding the termination process e.g. notice and inquiry. The land
acquisition institutions also seems not to be taking orders from a single authority, rather than
the whole government and the local government having command in acquiring land rights
and interests. The practicalities of the land acquisition which are enlighten in this paper, have
identified the use of force in acquiring private lands for private investment. Other issues
include discrepancies in paying compensation, deficiencies in the inquiry and notice and lack
of court’s approval prior to acquiring private land rights. The authors use different approaches
to reveal significant issues in the land acquisition process in Zanzibar. These methods include
an analysis of case laws and legislative instruments. The interviews conducted with the land
officers and deprived land holders early 2015 are also referred. This paper concludes with
recommendations for the Zanzibar Government to consider, such as amendment of laws and
backing up the land acquisition process with principles of transparency, accountability and
public participation.
17). These rights or interests, when owned as per the laws, are not to be forcefully acquired
by the government, save for need of the public. Each land acquisition law in Zanzibar has its
own objective, distancing itself with another land acquisition law, and making it worse, even
contrary to the Constitution of Zanzibar 1984. Though all land acquisition laws claim to be
attaining the public need, they apply different phrases, meaning that they have different
objectives. There exists an extended list of these objectives: national interest, public purpose,
public use, private purpose (company or investment), ancient preservation and disaster
management. A thorough analysis of the land acquisition laws is made in this study, which
are the Land Tenure Act 1992, the Land Acquisition Decree 1909, the Town and Country
Planning Decree 1955, the Zanzibar Investment Promotion and Protection Act 2004, the
Ancient Monuments Preservation Act 2002 and the Disasters Management Act 2003. After
the analysis, as well as referencing relevant case laws, this study tries to recommend using
‘public interest’ introduced by the Constitution of Zanzibar 1984 as the innermost objective,
to clean up the confusion.
Starting from planning permission and ending with enforcement powers, the land planning authorities can therefore, as per the NLUP and Vision 2020, play a significant role in the implementation of sustainable tourism development such as in setting the land use framework in a way that fits the tourism industry. Nevertheless, confrontation between the authorities as well as economic, political and social interference has never escaped the planning system. The same applies between public interest against public participation. In terms of economic growth, sustainable tourism industry has a direct role in revenue and employment. Yet, the tourism industry has faced criticism on environmental damage which is a move away from sustainable tourism industry. In analyzing the Zanzibar‟s practicalities revealing successes and failures of the land planning authorities in the implementation of sustainable tourism development, this study concludes that Zanzibar favors economic sustainability in comparison to ecological sustainability. Hence Zanzibar is recommended to recognize the importance of not only rationalizing the use to which land is put in sustainable tourism development, but even more importantly ensuring that land and resources are stewarded ecologically for present and future generations.
Starting from planning permission and ending with enforcement powers, the land planning authorities can therefore, as per the NLUP and Vision 2020, play a significant role in the implementation of sustainable tourism development such as in setting the land use framework in a way that fits the tourism industry. Nevertheless, confrontation between the authorities as well as economic, political and social interference has never escaped the planning system. The same applies between public interest against public participation. In terms of economic growth, sustainable tourism industry has a direct role in revenue and employment. Yet, the tourism industry has faced criticism on environmental damage which is a move away from sustainable tourism industry. In analyzing the Zanzibar’s practicalities revealing successes and failures of the land planning authorities in the implementation of sustainable tourism development, this study concludes that Zanzibar favors economic sustainability in comparison to ecological sustainability. Hence Zanzibar is recommended to recognize the importance of not only rationalizing the use to which land is put in sustainable tourism development, but even more importantly ensuring that land and resources are stewarded ecologically for present and future generations.
Decree 1909 introduces conflicting concepts of ‘acquisition’ and ‘termination’. As there is a
law on acquisition and another for termination, the land acquisition officers are faced with
difficulties in selecting the right approach, not to mention that the law on termination does
not have provisions in guiding the termination process e.g. notice and inquiry. The land
acquisition institutions also seems not to be taking orders from a single authority, rather than
the whole government and the local government having command in acquiring land rights
and interests. The practicalities of the land acquisition which are enlighten in this paper, have
identified the use of force in acquiring private lands for private investment. Other issues
include discrepancies in paying compensation, deficiencies in the inquiry and notice and lack
of court’s approval prior to acquiring private land rights. The authors use different approaches
to reveal significant issues in the land acquisition process in Zanzibar. These methods include
an analysis of case laws and legislative instruments. The interviews conducted with the land
officers and deprived land holders early 2015 are also referred. This paper concludes with
recommendations for the Zanzibar Government to consider, such as amendment of laws and
backing up the land acquisition process with principles of transparency, accountability and
public participation.
17). These rights or interests, when owned as per the laws, are not to be forcefully acquired
by the government, save for need of the public. Each land acquisition law in Zanzibar has its
own objective, distancing itself with another land acquisition law, and making it worse, even
contrary to the Constitution of Zanzibar 1984. Though all land acquisition laws claim to be
attaining the public need, they apply different phrases, meaning that they have different
objectives. There exists an extended list of these objectives: national interest, public purpose,
public use, private purpose (company or investment), ancient preservation and disaster
management. A thorough analysis of the land acquisition laws is made in this study, which
are the Land Tenure Act 1992, the Land Acquisition Decree 1909, the Town and Country
Planning Decree 1955, the Zanzibar Investment Promotion and Protection Act 2004, the
Ancient Monuments Preservation Act 2002 and the Disasters Management Act 2003. After
the analysis, as well as referencing relevant case laws, this study tries to recommend using
‘public interest’ introduced by the Constitution of Zanzibar 1984 as the innermost objective,
to clean up the confusion.
Starting from planning permission and ending with enforcement powers, the land planning authorities can therefore, as per the NLUP and Vision 2020, play a significant role in the implementation of sustainable tourism development such as in setting the land use framework in a way that fits the tourism industry. Nevertheless, confrontation between the authorities as well as economic, political and social interference has never escaped the planning system. The same applies between public interest against public participation. In terms of economic growth, sustainable tourism industry has a direct role in revenue and employment. Yet, the tourism industry has faced criticism on environmental damage which is a move away from sustainable tourism industry. In analyzing the Zanzibar‟s practicalities revealing successes and failures of the land planning authorities in the implementation of sustainable tourism development, this study concludes that Zanzibar favors economic sustainability in comparison to ecological sustainability. Hence Zanzibar is recommended to recognize the importance of not only rationalizing the use to which land is put in sustainable tourism development, but even more importantly ensuring that land and resources are stewarded ecologically for present and future generations.