I would like to know the data of the percentage of women who have obtained title deeds under customary ownership and the status of women land rights under the Tanzanian customary laws.

Unfortunately, I could not find specific data on the percentage of women who have obtained title deeds under customary ownership. The figures I was able to get are all from the FAO database and primarily relate to agricultural land: http://www.fao.org/gender-landrights-database/data-map/statistics/en/?sta_id=1164.

According to the agricultural census from 2002, 19.7 percent of agricultural holders were women and 80.3 percent were men. The agricultural holder is the person who makes the major decisions regarding resource use and exercises management control over the agricultural holding

Of total agricultural land owners, 45.2 percent were women and 54.8 percent were men in 2013 (LSMS-ISA 2012-2013). The agricultural landowner is defined as the legal owner of the agricultural land, but the indicator may not necessarily reflect documented ownership certified by a legal document.

Of total household agricultural land, 16 percent is owned by women and 44 percent is owned by men; 39 percent is owned jointly by women and men (LSMS, 2010-2011,[1] Doss et al. 2015)[2]

While the legal framework generally upholds women’s rights to land, in rural areas patriarchal practices predominate whereby men are de facto heads of households and have greater rights to land than women. The law is still weak in regard to women’s inheritance rights to land, and inheritance practices discriminate severely against women (FAO GLRD, country study).

Under the Village Land Act, seven-member Village Land Councils must be comprised of at least three women. The Village Land Council has a minimum quorum of four members, at least two of whom must be women. The Act provides that the nine-member Village Adjudication Committees, tasked in part with safeguarding women’s interests, must be comprised of at least four women. Five members are required for a quorum; at least two of which must be women (FAO GLRD, country study).

The Land Act of 1999 (Part XII) provides the legal framework for shared tenure. The Act recognizes two forms of shared tenure, joint occupancy and occupancy in common. Joint occupancy can only be created among spouses and exists when land as a whole is occupied jointly under a right of occupancy or lease. This means that: (a) there can be no disposition without agreement by all occupiers; (b) the joint occupiers—while alive—can only transfer their interest to the other joint occupier(s); and (c) when a joint occupier dies, interest vests in the surviving occupier (or occupiers, in which case jointly) (FAO GLRD, country study).

With occupancy in common, each occupier is entitled to an undivided share in the whole. The implications are that: (1) any occupier in common needs the consent in writing of the other occupier(s) before he or she can transact his or her interest to another person, but consent cannot be “unreasonably” withheld and (2) when an occupier dies, his or her share becomes part of the estate and his or her heir inherits the land. The legal presumption is that spouses hold all land that is co-occupied and used by both (or all) as occupiers in common, and the presumption of co-occupancy for spouses applies to granted rights (certificate of occupancy) and customary rights (customary certificate of occupancy). Co-occupancy is not presumed, under the Land Act, to apply to land that belonged to one spouse prior to the marriage (FAO GLRD, country study).

The Law of Marriage Act prohibits one spouse from alienating his or her interest in the matrimonial home (including associated agricultural land allocated by a husband or wife to his or her spouse for exclusive use) without the consent of the other spouse(s) (FAO GLRD, country study).

Click Here for a recent article that discusses the issues your question raises.  The article has case studies and gives a good feel for the issues faced by women but does not have hard statistics.


[1] Living Standard Measurement Study (LSMS) survey. LSMS-ISA (LSMS-Integrated Surveys on Agriculture)
[2] Doss, C., Kovarik, C., Peterman, A., Quisuming, A.R., Bold, M.V. den, 2015. Gender inequalities in ownership and control of land in Africa: Myth and Reality. Agricultural Economics 46(2).