THE WAR - NGONGORONGO CRATER VS UNESCO
“The principle of state sovereignty over natural resources in jeopardy “
1.0 Introduction
Cultural heritage is the combinations of features, which are of outstanding universal value from the point of view of history, art or science; these are monuments: architectural works, elements or structures of an archaeological nature, inscriptions, cave dwellings . Examples in Tanzania we have among others the Stone Town, Ruins of Kilwa and Songo Mnara. Natural heritage has been defined as natural features, geological formations and natural sites consisting of physical and biological formations, which are of outstanding universal value from the scientific point of view. Examples of natural heritage sites in Tanzania are Kilimanjaro National parks, Selou Game Reserve and Ngorongoro Conservation area (NCA).
Sovereignty means each state has exclusive jurisdiction within it is territory and to adopt laws and enforce them, adminster the territory and judge dispute there in. The sovereignty rights of states include rights of states to have exclusive over their resources. This was openly provided by principle 21 of Stockholm Declaration
‘States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.’
1.2 Analytical Discussion
Article 4 of world heritage convention (supra) insists “the duty of environmental protection and transmission to future generations of the cultural and natural heritage referred to in Articles 1 and 2 and situated on its territory, belongs primarily to that State. It will do all it can to this end, to the utmost of its own resources and, where appropriate, with any international assistance and co-operation, in particular, financial, artistic, scientific and technical, which it may be able to obtain”
The United Nation Education, Scientific and Cultural Organization (UNESCO) operate to synthesize the two global heritages (world heritage). When you construe Article 4 above, it is easily to note how much the state sovereignty over natural resources has been limited. States are required to adhere to all requirement and provisions of the convention. The UNESCO Convention basis on the recognition that parts of World Heritage of various nations are of outstanding Universal interest and need to be preserved as part of the world heritage of mankind as whole
In 1972 United Nation Conference on human environment came up with the declaration commonly called Stockholm Declaration (supra) with 26 principles on international environmental law. The link between human being and environmental protection is clearly established by principles 1,16 and 21 of the Stockholm Declaration provide a freedom of states to freely use their resources without any environmental damage and without infringing any human basic rights. Both Rio de Janeiro and Stockholm declarations advocate for permanent sovereignty over natural resources The United Nations had once vehemently spoke of the right to Permanent Sovereignty over Natural Resources by G.A. res. 1803 (XVII), 17 U.N. GAOR Supp. (No.17) at 15, U.N. Doc. A/5217 (1962) . Paragraph one declares that the right of peoples and nations to permanent sovereignty over their natural wealth and resources must be exercised in the interest of their national development and of the well being of the people of the State concerned
The UNESCO convention when implemented it infringes some of rights of over natural resources .For instance, when a part of any state is included in the list of world heritage, then that part becomes a heritage of all nations regulated by local legislation and international conventions. For in stance in Tanzania we have world heritage sites like Serengeti National Park and Ngorongoro Conservation Area (NCA). Recently UNESCO threatens to unlist NCA from the listed World Natural Heritage. UNESCO declared that if people’s activities in Ngorongoro won’t be stopped, Ngorongoro Crater would no longer be classified as World Heritage site .
If global governance over national resources becomes reality, there will be no place for indigenous to hide. To respond to UNESCO Deputy Minister for Natural Resources and Tourism Ezekiel Maige surprisingly said,
"We have already directed the Ngorongoro Authority to conduct census for both human population and livestock in the areas so that we can take appropriate measures," .
This implies that UNESCO Conventions contradicts with the principle of sovereignty over natural resources. This is similar to what happen in Wyoming in September 1995 over Yellowstone Park when World Heritage Committee members from Europe and Asia appeared in Wyoming to help radical environmentalist fight the environmentally friendly mining company, they claimed and won the right to censure human activity within the entire ecosystem. In other words, "systems thinking" rather than scientific facts The international assistance has been used a weapon to weaken freedom over natural resources. Article 26 of UNESCO convention (supra) stipulates that.
“The World Heritage Committee and the recipient State shall define in the agreement they conclude the conditions in which a programme or project for which international assistance under the terms of this Convention is provided, ….., in observance of the conditions laid down by the agreement.”
What would be in the agreement? No body knows. This is deviation from national sovereignty to global governance. It is from this system of international cooperation as elaborated by Article 7 of UNESCO Convention (supra) that state sovereignty can be in jeopardy.
‘For the purpose of this Convention, international protection of the world cultural and natural heritage shall be understood to mean the establishment of a system of international co-operation and assistance designed to support States Parties to the Convention in their efforts to conserve and identify that heritage’
But we should remembers that these kind of assistance comes with hard conditions which make states to sell their sovereignty over natural resources to rich or developed countries.
1.3 Conclusion
The UNESCO convention (supra) has primarily good objectives of environmental protection by classifying and preserving the world heritage sites. But if this won’t be exercised with care, then the Principle of sovereignty over natural resources can be infringed In order to achieve a more rational management of resources and thus to improve the environment, States should adopt an integrated and coordinated approach to their development planning so as to ensure that development is compatible with the need to protect and improve environment for the benefit of their population.
Monday, May 18, 2009
NGORONGORO VS UNESCO
THE WAR - NGONGORONGO CRATER VS UNESCO
“The principle of state sovereignty over natural resources in jeopardy “
1.0 Introduction
Cultural heritage is the combinations of features, which are of outstanding universal value from the point of view of history, art or science; these are monuments: architectural works, elements or structures of an archaeological nature, inscriptions, cave dwellings . Examples in Tanzania we have among others the Stone Town, Ruins of Kilwa and Songo Mnara. Natural heritage has been defined as natural features, geological formations and natural sites consisting of physical and biological formations, which are of outstanding universal value from the scientific point of view. Examples of natural heritage sites in Tanzania are Kilimanjaro National parks, Selou Game Reserve and Ngorongoro Conservation area (NCA).
Sovereignty means each state has exclusive jurisdiction within it is territory and to adopt laws and enforce them, adminster the territory and judge dispute there in. The sovereignty rights of states include rights of states to have exclusive over their resources. This was openly provided by principle 21 of Stockholm Declaration
‘States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.’
1.2 Analytical Discussion
Article 4 of world heritage convention (supra) insists “the duty of environmental protection and transmission to future generations of the cultural and natural heritage referred to in Articles 1 and 2 and situated on its territory, belongs primarily to that State. It will do all it can to this end, to the utmost of its own resources and, where appropriate, with any international assistance and co-operation, in particular, financial, artistic, scientific and technical, which it may be able to obtain”
The United Nation Education, Scientific and Cultural Organization (UNESCO) operate to synthesize the two global heritages (world heritage). When you construe Article 4 above, it is easily to note how much the state sovereignty over natural resources has been limited. States are required to adhere to all requirement and provisions of the convention. The UNESCO Convention basis on the recognition that parts of World Heritage of various nations are of outstanding Universal interest and need to be preserved as part of the world heritage of mankind as whole
In 1972 United Nation Conference on human environment came up with the declaration commonly called Stockholm Declaration (supra) with 26 principles on international environmental law. The link between human being and environmental protection is clearly established by principles 1,16 and 21 of the Stockholm Declaration provide a freedom of states to freely use their resources without any environmental damage and without infringing any human basic rights. Both Rio de Janeiro and Stockholm declarations advocate for permanent sovereignty over natural resources The United Nations had once vehemently spoke of the right to Permanent Sovereignty over Natural Resources by G.A. res. 1803 (XVII), 17 U.N. GAOR Supp. (No.17) at 15, U.N. Doc. A/5217 (1962) . Paragraph one declares that the right of peoples and nations to permanent sovereignty over their natural wealth and resources must be exercised in the interest of their national development and of the well being of the people of the State concerned
The UNESCO convention when implemented it infringes some of rights of over natural resources .For instance, when a part of any state is included in the list of world heritage, then that part becomes a heritage of all nations regulated by local legislation and international conventions. For in stance in Tanzania we have world heritage sites like Serengeti National Park and Ngorongoro Conservation Area (NCA). Recently UNESCO threatens to unlist NCA from the listed World Natural Heritage. UNESCO declared that if people’s activities in Ngorongoro won’t be stopped, Ngorongoro Crater would no longer be classified as World Heritage site .
If global governance over national resources becomes reality, there will be no place for indigenous to hide. To respond to UNESCO Deputy Minister for Natural Resources and Tourism Ezekiel Maige surprisingly said,
"We have already directed the Ngorongoro Authority to conduct census for both human population and livestock in the areas so that we can take appropriate measures," .
This implies that UNESCO Conventions contradicts with the principle of sovereignty over natural resources. This is similar to what happen in Wyoming in September 1995 over Yellowstone Park when World Heritage Committee members from Europe and Asia appeared in Wyoming to help radical environmentalist fight the environmentally friendly mining company, they claimed and won the right to censure human activity within the entire ecosystem. In other words, "systems thinking" rather than scientific facts The international assistance has been used a weapon to weaken freedom over natural resources. Article 26 of UNESCO convention (supra) stipulates that.
“The World Heritage Committee and the recipient State shall define in the agreement they conclude the conditions in which a programme or project for which international assistance under the terms of this Convention is provided, ….., in observance of the conditions laid down by the agreement.”
What would be in the agreement? No body knows. This is deviation from national sovereignty to global governance. It is from this system of international cooperation as elaborated by Article 7 of UNESCO Convention (supra) that state sovereignty can be in jeopardy.
‘For the purpose of this Convention, international protection of the world cultural and natural heritage shall be understood to mean the establishment of a system of international co-operation and assistance designed to support States Parties to the Convention in their efforts to conserve and identify that heritage’
But we should remembers that these kind of assistance comes with hard conditions which make states to sell their sovereignty over natural resources to rich or developed countries.
1.3 Conclusion
The UNESCO convention (supra) has primarily good objectives of environmental protection by classifying and preserving the world heritage sites. But if this won’t be exercised with care, then the Principle of sovereignty over natural resources can be infringed In order to achieve a more rational management of resources and thus to improve the environment, States should adopt an integrated and coordinated approach to their development planning so as to ensure that development is compatible with the need to protect and improve environment for the benefit of their population.
“The principle of state sovereignty over natural resources in jeopardy “
1.0 Introduction
Cultural heritage is the combinations of features, which are of outstanding universal value from the point of view of history, art or science; these are monuments: architectural works, elements or structures of an archaeological nature, inscriptions, cave dwellings . Examples in Tanzania we have among others the Stone Town, Ruins of Kilwa and Songo Mnara. Natural heritage has been defined as natural features, geological formations and natural sites consisting of physical and biological formations, which are of outstanding universal value from the scientific point of view. Examples of natural heritage sites in Tanzania are Kilimanjaro National parks, Selou Game Reserve and Ngorongoro Conservation area (NCA).
Sovereignty means each state has exclusive jurisdiction within it is territory and to adopt laws and enforce them, adminster the territory and judge dispute there in. The sovereignty rights of states include rights of states to have exclusive over their resources. This was openly provided by principle 21 of Stockholm Declaration
‘States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.’
1.2 Analytical Discussion
Article 4 of world heritage convention (supra) insists “the duty of environmental protection and transmission to future generations of the cultural and natural heritage referred to in Articles 1 and 2 and situated on its territory, belongs primarily to that State. It will do all it can to this end, to the utmost of its own resources and, where appropriate, with any international assistance and co-operation, in particular, financial, artistic, scientific and technical, which it may be able to obtain”
The United Nation Education, Scientific and Cultural Organization (UNESCO) operate to synthesize the two global heritages (world heritage). When you construe Article 4 above, it is easily to note how much the state sovereignty over natural resources has been limited. States are required to adhere to all requirement and provisions of the convention. The UNESCO Convention basis on the recognition that parts of World Heritage of various nations are of outstanding Universal interest and need to be preserved as part of the world heritage of mankind as whole
In 1972 United Nation Conference on human environment came up with the declaration commonly called Stockholm Declaration (supra) with 26 principles on international environmental law. The link between human being and environmental protection is clearly established by principles 1,16 and 21 of the Stockholm Declaration provide a freedom of states to freely use their resources without any environmental damage and without infringing any human basic rights. Both Rio de Janeiro and Stockholm declarations advocate for permanent sovereignty over natural resources The United Nations had once vehemently spoke of the right to Permanent Sovereignty over Natural Resources by G.A. res. 1803 (XVII), 17 U.N. GAOR Supp. (No.17) at 15, U.N. Doc. A/5217 (1962) . Paragraph one declares that the right of peoples and nations to permanent sovereignty over their natural wealth and resources must be exercised in the interest of their national development and of the well being of the people of the State concerned
The UNESCO convention when implemented it infringes some of rights of over natural resources .For instance, when a part of any state is included in the list of world heritage, then that part becomes a heritage of all nations regulated by local legislation and international conventions. For in stance in Tanzania we have world heritage sites like Serengeti National Park and Ngorongoro Conservation Area (NCA). Recently UNESCO threatens to unlist NCA from the listed World Natural Heritage. UNESCO declared that if people’s activities in Ngorongoro won’t be stopped, Ngorongoro Crater would no longer be classified as World Heritage site .
If global governance over national resources becomes reality, there will be no place for indigenous to hide. To respond to UNESCO Deputy Minister for Natural Resources and Tourism Ezekiel Maige surprisingly said,
"We have already directed the Ngorongoro Authority to conduct census for both human population and livestock in the areas so that we can take appropriate measures," .
This implies that UNESCO Conventions contradicts with the principle of sovereignty over natural resources. This is similar to what happen in Wyoming in September 1995 over Yellowstone Park when World Heritage Committee members from Europe and Asia appeared in Wyoming to help radical environmentalist fight the environmentally friendly mining company, they claimed and won the right to censure human activity within the entire ecosystem. In other words, "systems thinking" rather than scientific facts The international assistance has been used a weapon to weaken freedom over natural resources. Article 26 of UNESCO convention (supra) stipulates that.
“The World Heritage Committee and the recipient State shall define in the agreement they conclude the conditions in which a programme or project for which international assistance under the terms of this Convention is provided, ….., in observance of the conditions laid down by the agreement.”
What would be in the agreement? No body knows. This is deviation from national sovereignty to global governance. It is from this system of international cooperation as elaborated by Article 7 of UNESCO Convention (supra) that state sovereignty can be in jeopardy.
‘For the purpose of this Convention, international protection of the world cultural and natural heritage shall be understood to mean the establishment of a system of international co-operation and assistance designed to support States Parties to the Convention in their efforts to conserve and identify that heritage’
But we should remembers that these kind of assistance comes with hard conditions which make states to sell their sovereignty over natural resources to rich or developed countries.
1.3 Conclusion
The UNESCO convention (supra) has primarily good objectives of environmental protection by classifying and preserving the world heritage sites. But if this won’t be exercised with care, then the Principle of sovereignty over natural resources can be infringed In order to achieve a more rational management of resources and thus to improve the environment, States should adopt an integrated and coordinated approach to their development planning so as to ensure that development is compatible with the need to protect and improve environment for the benefit of their population.
Tuesday, May 5, 2009
RIGHTS OF MASAI
BY VICE CHAIRMAN NGORONGORO ELITES ASSOCIATION (NDUSA)
ONESMO OLENGURUMWA
“MAIGE, MWALYOSI AND NDUKAI DON’T RUSH WE NEED TO RECONCILE ENVIRONMENTAL CONSERVATION AND HUMAN DEVELOPMENT.”
Ngorongoro Elites association (NDUSA) is a professional forum comprised of all elites living in Ngorongoro.It was registered last year under NGO registration Act. Our vision is to have a united elites of Ngorongoro district, whose their togetherness shall be a tool for fast tracking development in Ngorongoro district. NDUSA shall create a united forum of elites in Ngorongoro out of which through advocacy, laws and policy analysis/lobbying and community participation in all matters affecting their livelihood a free, self reliant and prosperous district whose people control their economy, respect and promote principles of human rights and ensuring that Tanzanians exercise permanent sovereignty over their natural resources will be born
In furtherance of the above Vision and Mission, NDUSA shall endeavour to achieve the following aims and objectives:NDUSA to a large extent seek to unite all university alumni and undergraduates to form a single and vibrant district forum for district development and integrity.To see a large number of indigenous communities in Ngorongoro understands and attain the knowledge of their socio-economic rights and civic rights as provided by constitutions and related international instruments.
To create a spiral network between elites in Ngorongoro, NGO’S and Government that aims to provide transparency and efficiency in all development programs within the district purposes. (To open up floor for discussion between elites and community in general.
NDUSA in collaboration with NGO’S, District council and community shall conduct public expenditure tracking survey/system(PETS) to ensure good governance and proper collection, allocation and proper use of resources within the district. NDUSA as group of elites shall as well advocate and lobbying for good laws and national policies that favour the nature of people living in Ngorongoro.
Even though UNESCO declared to un list Ngorongoro as World Heritage site, we need to put the interests and the rights of Masai living in Ngorongoro into first priority. The Ngorongoro Conservation Area, established in 1959, is a pioneering experiment in multiple land use. Prof Mwalosya is informed that, it is possible to have multiple lands use in Ngorongoro.Here pastoralism, conservation and tourism co-exist in a carefully managed harmony. The centrepiece of the Ngorongoro Conservation Area is the breathtaking Ngorongoro Crater which is a caldera .The Act establishes Ngorongoro Conservation area recognizes the presence of Indigenous people living in.
What would they use as their food if you bar them to graze and practice subsistence farming .This is contrary to our constitutions and other international instruments which clamoring for sovereignty over natural resources.After all they don’t benefit from all the billions collected in NCA .This is purely inhumanity to see Big government leaders valuing 30 billions and put aside the lives of poor pastoralists living in Ngorongoro. This is beyond development and harmonization of environment standards in Tanzania, for environmental control to be effective we need a corpus of environmental laws which allows the involvement of regulator and regulated at the same poles. We should encourage Community based Conservation rather than thinking to evict them on their homes.
Therefore we Elites of Ngorongoro, urge the government to be careful with the rights of people living in Ngorongoro crater .We can’t’ say calm incase of any decisions that threatens the survival of Indegegenous in Ngorongoro.We are ready to work together with the government to see how we can transform the community without damaging the environment while respecting their basic rights, and this cant be an overnight activities, it needs huge ivestment and tolerance.
Vice chairman
ONESMO OLENGURUMWA
ONESMO OLENGURUMWA
“MAIGE, MWALYOSI AND NDUKAI DON’T RUSH WE NEED TO RECONCILE ENVIRONMENTAL CONSERVATION AND HUMAN DEVELOPMENT.”
Ngorongoro Elites association (NDUSA) is a professional forum comprised of all elites living in Ngorongoro.It was registered last year under NGO registration Act. Our vision is to have a united elites of Ngorongoro district, whose their togetherness shall be a tool for fast tracking development in Ngorongoro district. NDUSA shall create a united forum of elites in Ngorongoro out of which through advocacy, laws and policy analysis/lobbying and community participation in all matters affecting their livelihood a free, self reliant and prosperous district whose people control their economy, respect and promote principles of human rights and ensuring that Tanzanians exercise permanent sovereignty over their natural resources will be born
In furtherance of the above Vision and Mission, NDUSA shall endeavour to achieve the following aims and objectives:NDUSA to a large extent seek to unite all university alumni and undergraduates to form a single and vibrant district forum for district development and integrity.To see a large number of indigenous communities in Ngorongoro understands and attain the knowledge of their socio-economic rights and civic rights as provided by constitutions and related international instruments.
To create a spiral network between elites in Ngorongoro, NGO’S and Government that aims to provide transparency and efficiency in all development programs within the district purposes. (To open up floor for discussion between elites and community in general.
NDUSA in collaboration with NGO’S, District council and community shall conduct public expenditure tracking survey/system(PETS) to ensure good governance and proper collection, allocation and proper use of resources within the district. NDUSA as group of elites shall as well advocate and lobbying for good laws and national policies that favour the nature of people living in Ngorongoro.
Even though UNESCO declared to un list Ngorongoro as World Heritage site, we need to put the interests and the rights of Masai living in Ngorongoro into first priority. The Ngorongoro Conservation Area, established in 1959, is a pioneering experiment in multiple land use. Prof Mwalosya is informed that, it is possible to have multiple lands use in Ngorongoro.Here pastoralism, conservation and tourism co-exist in a carefully managed harmony. The centrepiece of the Ngorongoro Conservation Area is the breathtaking Ngorongoro Crater which is a caldera .The Act establishes Ngorongoro Conservation area recognizes the presence of Indigenous people living in.
What would they use as their food if you bar them to graze and practice subsistence farming .This is contrary to our constitutions and other international instruments which clamoring for sovereignty over natural resources.After all they don’t benefit from all the billions collected in NCA .This is purely inhumanity to see Big government leaders valuing 30 billions and put aside the lives of poor pastoralists living in Ngorongoro. This is beyond development and harmonization of environment standards in Tanzania, for environmental control to be effective we need a corpus of environmental laws which allows the involvement of regulator and regulated at the same poles. We should encourage Community based Conservation rather than thinking to evict them on their homes.
Therefore we Elites of Ngorongoro, urge the government to be careful with the rights of people living in Ngorongoro crater .We can’t’ say calm incase of any decisions that threatens the survival of Indegegenous in Ngorongoro.We are ready to work together with the government to see how we can transform the community without damaging the environment while respecting their basic rights, and this cant be an overnight activities, it needs huge ivestment and tolerance.
Vice chairman
ONESMO OLENGURUMWA
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