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The study examined the nature of valuation and compensation, the right to property in the
Tanzanian context. This study finds out whether the legal framework on valuation and
compensation is adequate in protection of individual‟s rights as far as compensation rights is
concerned.
The study focused the pre-requisite conditions that are required before interference with peoples‟
rights to property in compulsory land acquisition are satisfied in the protection of their rights
since the Constitution guarantees protection of property rights. It further seek to find out whether
the legal framework on compensation contradict with relevant sections of Mining Act which
might facilitate human right violation.
Chapter three reviews the legal framework on valuation and compensation in mining licensed
area, how the legal framework in case of compensation in mining licensed areas, the extent of
compensation right to property was case study focusing on the rural mining communities, basing
on legitimate aims for acquiring lands, the role of land valuation board, basic principles in
property valuation, state obligations and whether the law serves to contradict to violate people‟s
rights to compensation within the Tanzanian context.
However, since there are no clear rules to determine whether compensation paid is just or
adequate leaves the argument vague and in the end rather violates the rights of vulnerable
groups. Whereas for instance developing countries has been inclined to prefer a more flexibility
when it comes to appropriate standard for compensation, the question then bordering is what
quantum constitute a just and adequate and how is the prompt often interpreted leaves more
room for further deliberations. In addition, its seek to find how best the laws can cohere and
harmonised with international human rights law to bring protection of peoples‟ rights to property. |
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