Land Rights in Ngorongoro district, Tanzania

African Initiatives supports the rights of the people of Ngorongoro District for their continued ownership and control over their customary land. This update on the continuing conflict was written by the Pastoral Women’s Council in October 2011.

PWC writes…
Ngorongoro is a remote district in Arusha region situated in North Eastern Tanzania. It has a population of approximately 180,000 people. Ngorongoro District is inhabited primarily by Maasai pastoralists, with the Sonjo agro pastoralists as a minority ethnic group. The district covers an area of 14,036 square km.

The Ngorongoro District has experienced land tenure conflicts between local communities and outsiders for many years. The communities’ access to lands has been restricted through wildlife conservation interests, including establishment of protected areas and hunting concessions.

Sukenya Farm
Soitsambu village is located in Loliondo Division, Ngorongoro District. The village is a predominantly Maasai pastoralist and agro-pastoralist community of 4,500 people reliant on livestock keeping for human welfare and livelihoods. Land is managed according to seasonal patterns of resource availability, which are largely dependent on rainfall and are governed by rotational grazing reserve systems formalized in village by-laws and land use plans.

In 1984, Tanzania Breweries Ltd (TBL) obtained a parcel of land in Sukenya sub-village of over 10,000 acres in size. This land was obtained in an irregular fashion according to the land law prevailing at the time; for example, the signatories to the village meeting minutes allocating the land were not, in fact, members of the village government or residents of Soitsambu village. However, such practices were widespread in northern Tanzania during this period of ‘land-grabbing’ in the 1980’s.

In 2003, using fabricated village meeting minutes, TBL illegally acquired the title deed to Soitsambu Village, while also increasing their total acreage to 12,617 acres of land. This new title deed gave them control of the land with a 96-year lease agreement.

In 2006, TBL divested the property with sale of their leasehold to Tanzania Conservation Ltd, which has the same ownership as Thomson Safari Company, a US based international tourism company with a major operation in northern Tanzania. Thomson Safari Company began operations with the intention to develop the farm as a tourism site and wildlife conservation area. One of their first objectives was to remove any local people residing in, or seasonally using, the property. This objective has created major conflicts between the company, local government, and the villagers.

Soitsambu villagers have been injured in confrontations with the company and police, and many have been jailed for illegally trespassing onto the farm. The villagers believe that the land is still rightfully theirs and the measures taken to exclude them from the farm are unlawful, unjust and they are damaging the overall welfare of the communities.

Following their obtainment of the lease, Tanzania Conservation Ltd/Thomson Safaris proceeded to evict and restrict the pastoralists of Irmasiling, Mondorosi, Enadooshoke, Olepolos and Sukenya sub- villages of Soitsambu to access the land. Accessing this land is particularly important for these people because they have few (and no year-round) water sources available. The Irmaasiling Community Dam is a reliable source of water for the pastoralists in this area; however, Thomson has made grazing and watering prohibited because the Ilotimi is only an hour far from Irmasiling and it is located in the disputed land. Instead, during times of drought, Maasai herdsmen must make a 14 hour trip that takes them through Kenya in order to access water.

There is a further catalogue of allegations of police and security guard brutality, which includes: harassment, damage to property, indefinite detentions, and corruption.
Examples of the above include:

Lisingo ole Nanyoi was shot in the jaw by police with Thomson guards. (detailed further in an article by The Observer http://www.guardian.co.uk/world/2009/sep/06/masai-tribesman-tanzania-tourism)
Thomson guards have burnt peoples bomas and cattle pens
Cattle herders have been detained by Loliondo police for "trespassing" on Thomson’s disputed land
Currently, the community of Mondorosi is refusing an offer of $40,000 to build their school as they do not wish to legitimise Thomson. They've been under a lot of pressure from the Division Secretary who has threatened to put people in prison if they don't accept.

In November 2009, Thomson announced their intention to change the land status from pastoralism to an exclusive tourist concession. In January 2010, the village council of Soitsambu decided to pursue this matter in court, thereby instituting legal proceedings against Tanzania Breweries Ltd (TBL) and Tanzania Conservation Ltd (TCL) at the Arusha High Court.

Preliminary objections against the Sukenya legal case were filed by both TBL and TCL at the end of 2010. On 31st May 2011 the Judge in the case ruled in their favour, dismissing the case on technical grounds. The villager’s legal counsel believes it is not proper to determine a public interest case on such a basis and an appeal has been lodged.

One day before the case was dismissed two young boys herding cattle were beaten by a Thomson Safari guard. This was the first human rights abuse that had occurred since the community had first started legal proceedings. Since the appeal has been lodged there have been no further beatings but the community are still chased off the land for grazing their cattle. They are also denied access to water, which is becoming a critical issue as the area is facing a period of drought.

Case Study: Young boys beaten and injured at Sukenya Farm by TCL guard, 30th May 2011.

On 30th May 2011 the TCL guards found the two children grazing cattle near by the Sukenya farm and one of the guard known as Olekomitie Kutess called the boys to come over to him, asking them why they were grazing cattle at the farm. The boys answered that they were not grazing at the farm but we just grazing around the nearby mountain. The guard then cut his stick and beat the boys. The TCL guard was carrying a spear, long knife and two sticks. The guard did not wear the work uniform which they normally dress in and the boys can recognize the guard physically.

Tajewo Nanyoi, aged 11 years old, is a school child who is studying at Mondorosi Primary school in class VI (six). It was around 3:30 PM when this guard found this young boy grazing the cattle near the Sukenya farm and beat him. As a result, the young boy did not attend the school for two days due to the injury he sustained when beaten by the guard. He was injured on the joint of his hand. Tobiko Nanyoi aged 13 years old is was also beaten by the TCL guard when he was grazing cattle with Tajewo Nanyoi. This was also with a stick and he was injured on the head. When he was being beaten this young boy tried to ask the guard to forgive them and was told “I will beat you until you vomit”.

Both of these young boys are resident of Irmasiling’ Sub village nearby the dispute land of Sukenya. When the father of the boys asked the guards why they had beaten his children, one guard replied “we will beat them until you stop grazing your cattle at this farm”.

In the centre are the two boys. Tajewo has a Maasai shuka (cloth) around his injured hand as first aid before being taken to hospital.

OBC
In 1992 the Loliondo Game Controlled Area hunting block (which runs along the western edge of the Serengeti National Park) was leased to Ortello Business Corporation (OBC) without any consultation with the communities. A member of an emirate royal family who is a senior officer in the UAE defense ministry leases the area under the Otterlo name. OBC has held exclusive hunting rights to this area ever since. The overlap of the OBC hunting area and these village lands is a major source of ongoing conflict.

In June 2009 20,000 people were evicted from OBC land, their bomas (homes) were burnt and some children went missing during the evictions and are presumed dead.

http://www.youtube.com/watch?v=iqP2MRuJ4Ac&feature=player_embedded

http://www.youtube.com/watch?v=i-FP2gRvziw&feature=related

Mainly women and children were affected by the evictions as with the loss of so much land for grazing many men have migrated to cities or coastal resorts in search of employment.

In March 2010 a constitutional court case against the Ministry of Natural Resources and OBC was begun, challenging the creation of the exclusive hunting corridor. It is ongoing with the consolidated efforts of NGOs and the community.

Since the start of the case OBC has allowed grazing on the land and seemed more open to negotiations. It is hoped this might be the beginning of a resolution of the conflict.

Women’s response to Sukenya and OBC cases
Over the last few years, in the face of increasing land alienation and human rights abuses, Maasai women in Ngorongoro district have emerged as the leading campaigners against the governments support for foreign investors at the expense of indigenous communities.

In 2008 women and youth demonstrated against TS/TCL at the District Commissioners officer, then took cattle and forced them onto Sukenya farm to graze as a protest. It was during this protest that Lisingo ole Nanyoi was shot in the jaw.

During local government elections in 2009 women campaigned against eight district councillors who were strongly suspected of taking bribes to represent the interests of foreign investors. All eight councillors lost their seats as a result.

In June and July 2009 after the burning of bomas and evictions by OBC, over 500 women demonstrated outside the District commissioners office, demanding to know why the evictions had happened. When no satisfactory answer was received 50 women and 30 men were chosen to travel to Dar to demand answers. They protested in Dar outside the Regional Commissioners office and when again no answers were provided they demonstrated at the Presidents Office.

Women also led families to return to the burnt out land they had been evicted from and lived under trees in order that the land could not be classified as unoccupied by the authorities.

In 2010 over 3,000 women protested against both OBC and TCS/TCL by returning their CCM membership cards at the party District Headquarters (CCM is the political party that has been in government since Independence). Party officials negotiated with the women and eventually promised that if they kept their party membership there would be no more evictions. There have been none since.

NCA
Ngorongoro Conservation Area (NCA), home of the world famous Ngorongoro Crater, is controlled and managed by Ngorongoro Conservation Area Authority (NCAA). It is also a UNESCO World Heritage Site. There are approximately 12,000 Maasai pastoralists living within the area, the majority of whom are women, youth and children. Currently there is growing pressure from the Government to resolve perceived conflicts between local residents and conservation by evicting people to reduce the number of residents in NCA. In 2008 more than 1,500 people were evicted and relocated to near the Kenya-Tanzania border without any land or facilities being provided for them.

NCA law and policies restrict most community activities. For example, livestock are forbidden from grazing in the Ngorongoro Crater and the highlands, the cutting of firewood is restricted and building bomas requires permission. The NCA has also stopped sponsoring the secondary school education of children from the district. In 2009 government restrictions began on subsistence farming and since 2010 it is prohibited, however other livelihoods alternatives have not been provided. The plots are small, under an acre, but are usually cultivated by women to provide essential food for families.

The ban on cultivation is beginning to have a catastrophic affect on residents of NCA. The drought in the area means cattle are without adequate grazing and families are being forced out of the area. The lack of food has necessitated emergency food aid to be brought in but NGO’s have received reports that children are dying of malnutrition every week in the area.

In June this year UNESCO’s World Heritage Committee decided to include considerations for indigenous people and local communities, by encouraging State Parties with World Heritage properties to “involve indigenous peoples and local communities in decision making, monitoring and evaluation of the state of conservation of World Heritage Sites (WHS)” and to “respect the rights of indigenous peoples when nominating, managing and reporting on WHS in indigenous peoples territories”. There are hopes among local NGO’s that this will be the start of some of the authoritarian legislation governing the area and denying people the right to basic livelihoods being revoked.