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All citizens are equal before the law, Tanzania tells UN

THE Government of the United Republic attended the 3rd Committee meeting on the rights of Indigenous people during the 79th session of the UN General Assembly in New York, United States of America.

THE Government of the United Republic attended the 3rd Committee meeting on the rights of Indigenous people during the 79th session of the UN General Assembly in New York, United States of America.

Prof Hamisi Malebo, Executive Secretary of the National Commission for UNESCO of Tanzania, on behalf of the government, responded to the report on agenda item under the theme “Mobile Indigenous Peoples” presented by the Special Rapporteur on the Rights of Indigenous Peoples, Mr José Francisco Calí Tzay.

Prof Malebo told the meeting that Tanzania has taken note of the Report of the Special Rapporteur, and it reiterates its position that Tanzania does not subscribe to the concept of indigenous people as propagated by the UN human rights system.

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He emphasised that it is misplaced to deliberate on the right to own and manage land as well as the ongoing voluntary relocation of residents from the Ngorongoro Conservation Area under the umbrella of ‘rights of indigenous people.

On land governance, Prof Malebo informed the meeting that, to put things into the right context, it is prudent to be aware of the land tenure system in the United Republic of Tanzania. Land is owned by the public and entrusted to the President as a trustee. One is given a right of occupancy for a specified time as it is not a free hold system.

There is neither private land nor tribal land nor ancestral land in Tanzania. Therefore, it is wrong to claim that there are indigenous people in Tanzania and that they have specific rights to land. In fact, none of the over 120 tribes in the United Republic of Tanzania can claim tribal ownership over land.

As regards the claimed forced evictions of Maasai, Prof Malebo rubbished the claims and reiterated that the United Republic of Tanzania refutes all allegations of forced evictions in the Ngorongoro Conservation Area (NCA), as what is taking place there is a voluntary relocation programme following recommendations from the participatory review of the Multiple Land Use Model.

Prof Malebo insisted that the government observed the principle of free, prior and informed consent (FPIC) in the implementation of the voluntary relocation programme. The people residing in NCA are at liberty to formally apply to relocate outside the area.

The government reiterates that it is a voluntary relocation programme whereby since it began in June 2022 up to June 2024, a total of 1,519 households comprising of 9,251 people and 38,7894 livestock have moved voluntarily out of the NCA to other locations.

No coercion of any form is being used to relocate the residents. Relocations only take place upon request once a resident has been educated, sensitised and understood the process and the relocation package. Further, the residents are free to move to the designated areas as well as to other areas of their choice.

Designated areas are similar to the Ngorongoro Conservation Area in terms of the environment flora and fauna with the commonly used Maasai medicinal plants and cultural areas for traditional rituals and ceremonies.

The inhabitants residing in the selected areas formerly relocated from the Ngorongoro Conservation Area and Serengeti and managed to adapt without difficulties. In addition, they are the same people with regard to pastoralism, language and culture.

Prof Malebo told the UN meeting that the relocation package was designed in consideration of fundamental rights provided in the Constitution of the United Republic of Tanzania of 1977 and consistent with the Charter of the United Nations, the Universal Declaration of Human Rights and other instruments ratified by Tanzania. In that regard, the government has built standard houses for the families and each house is on a two-and-a-half-acre plot of land to allow them to keep livestock.

The government has further allocated five acres of land for each family for agriculture. Meanwhile, there is a large communal livestock grazing area, livestock facilities, electricity, communication networks, water, a school, healthcare facilities and a police post for security purposes.

During the relocation, the government provides free transport, loading and offloading services, as well as an 18-month supply of food.

Prof Malebo reminded the UN meeting that the government of the United Republic of Tanzania has always been transparent with the international community on the challenges facing its citizens in the Ngorongoro Conservation Area. The NCA was established in 1959 with an estimated population of 8,000 that occupied 6.4 km2 of land. However, by 2021, the population of residents had already reached 110,000, already occupying 3,700 km2 of land; livestock had increased from 260,000 in 1959 to 851,563.

Wildlife grazing land has shrunk by 44.6 per cent with increasing human-wildlife conflicts and zoonotic diseases. There is also deteriorating environmental and ecosystem balance due to the unsustainable balance of the growing human population, livestock and wildlife in this UNESCO World Heritage Site.

He further described that, as the NCA is a designated reserved land by law, there can not be any socio-economic activity, including water- pipes and electricity infrastructure, as long as there are income-generating schemes.

Therefore, access to basic social services such as access to land, alternative sources of livelihoods, quality water supply, education and health facilities by most of the residents is limited.

For instance, by 2017, it was estimated that the illiteracy rate was 64 per cent and 80 per cent of the entire population owned only 3 per cent of livestock.

This means that 97 per cent of all livestock in the reserve are owned by people living outside the Ngorongoro Conservation Area. Prof Malebo informed that it was during the participatory review of the Multiple Land Use Model (MLUM) that the residents made their needs known to the government, including access to basic needs and services that cannot be provided in the NCA.

In order to address such challenges, the residents and stakeholders recommended the Voluntary Relocation Programme.

The government is therefore supporting the recommended voluntary relocation programme and the idea and recommendations that originated from the NCA residents. Prof Malebo also revealed that social services in the NCA are still operational, which includes 29 primary schools, 3 secondary schools, 12 dispensaries, 2 health centres and 1 hospital.

The government has continued to provide services, including scholarships for students in the NCA, where a total of 1,836 students are being supported at a cost of TZS 1.8 billion per year (USD 769,885.16).

However, Prof Malebo cautioned that there is still a need for increased services for the unsustainably growing population and the government continues to engage with the residents of the NCA on how to better address these challenges, including on specific pastoralist concerns.

With regard to the East African Crude Oil Pipeline Project (EACOP), a pipeline that will transport oil produced from Uganda’s Lake Albert oilfields to the port of Tanga, Prof Malebo told the meeting that the Government of Tanzania needs to inform the rapporteur and the international community that not only Maasai, Akie, Barbaig and Taturu reside in the pipeline route, but there are 31 tribes in total.

The government reiterates its position that all tribes in Tanzania have equal rights before the law and there is no tribe that has more rights than others. Prof Malebo reiterated that the government ensured during the design to observe free, prior and informed consent (FPIC), whereby engagements and agreements have been signed with all local communities concerned.

Furthermore, the EACOP project is educating and addressing all issues that were raised by the local communities in a manner that is culturally appropriate and respects national and international human rights standards. Further, the EACOP Monitoring and Implementation mechanism involves engaging at the local community level using traditional methods to monitor implementation and obtain feedback.

Therefore, there is an effective follow-up mechanism on matters and concerns raised by the local communities. In conclusion, Prof Malebo insisted that the United Republic of Tanzania is guided by principles of good governance, rule of law and respect for human rights.

He further reiterated that the government is committed to ensuring that any relocation is conducted in compliance with the laws of the land in order to ensure pastoral rights and ways of life are respected and environmental degradation through conservation efforts is mitigated.

Other delegates attending the meeting include Ms Nkasori Milika Sarakikya, Director of Human Rights in the Ministry of Constitutional and Legal Affairs; Mr Daniel Loiruck, Administrative Officer from the Arusha region; Ms Zuleikha Tambwe, Senior Foreign Affairs Officer and Ms Prisca Kasalama, Assistant 3rd Committee Officer on Indigenous Rights, both from the Permanent Mission of Tanzania at the United Nations in New York, United States of America.