PAPER TO BE PRESENTED DURING THE MARKING OF HUMAN RIGHTS DAY ON 12th December, University of Dar es Salaam
By Onesmo P.K Olengurumwa
Human Rights and Constitutional lawyer from Legal and Human Rights Centre
List of Abbreviations
DC District Commissioner
GCA Game Controlled Area
G.A General Assembly
LGCA Loliondo Game Controlled Area
MP Member of Parliament
NCA Ngorongoro Conservation Area
NGO’s Non-Governmental Organization
NAFCO National Agriculture and Food Corporation
NCAA Ngorongoro Conservation Authority
OBC Ortello Business Corporation .
PINGO’s Pastoralists Indigenous NGO’s
TANAPA Tanzanian National Parks
TBL Tanzania Breweries Limited.
UAE United Arab Emirates
URT United Republic of Tanzania
UNESCO United Nations Education, Scientific and Cultural Organization
WMA Wildlife Management Area
Table of Contents
1. Background information.
2. The case of Ngorongoro crater.
3. The worshiped OBC and Loliondo saga
1. Background information
This article will enable the reader to get the other side of the story about the District and its people. The district is taking a lead in violations of human rights in Tanzania. This article summarizes the trend of violations of human rights in Ngorongoro from 1959 up 2009.Ngorongoro District is famous both in Tanzania and worldwide due to variety of wildlife species. It is also in this District where the Ngorongoro crater is found, which has been categorized as the world heritage sites. The District divides into three Divisions, which are Loliondo, Ngorongoro, and Sale. Ngorongoro District is one of the five districts of the Arusha Region
Arusha is one of Tanzania's 26 administrative Regions of Tanzania. The regional capital and largest city is Arusha. Other towns include Monduli, just west of Arusha, Longido and Loliondo to the north, Mto Wa Mbu and Karatu to the west and Usa River to the east.... of Tanzania Tanzania , officially the United Republic of Tanzania , is a country in East Africa that is bordered by Kenya and Uganda on the north, Rwanda, Burundi and the Democratic Republic of the Congo on the west, and Zambia, Malawi and Mozambique on the south....It is bordered to the north by Kenya, The Republic of Kenya is a country in East Africa. It is bordered by Ethiopia to the north, Somalia to the northeast, Tanzania to the south, Uganda to the west, and Sudan to the northwest, with the Indian Ocean running along the southeast border....to the east by the Monduli District Monduli is one of the five districts of the Arusha Region of Tanzania. It is bordered to the north by Kenya, to the east by the Kilimanjaro Region and Arumeru, to the south by the Manyara Region and to the west by the Ngorongoro District and Karatu Districts...., to the south by the Karatu District and to the west by the Mara Region.
The Ngorongoro area originally was part of the Serengeti National Park when it was created by the British in 1951. Maasai continued to live in the newly created park until 1959, when repeated conflicts with park authorities over land use led the British to evict them to the newly declared Ngorongoro Conservation Area.
The District has a population of 129,000 people according to the 2002 census, 59% of the District's landmass falls within the famous Ngorongoro Conservation Area, which was established in 1959 to deal with matters related to the conservation of wildlife resources, promotion of tourism and the development of indigenous Maasai pastoralists living in the area.
The NCA is an area of some 8,292 km2 located in Ngorongoro District, Arusha Region. There are 14 villages in the NCA distributed between 6 wards named Kakesio, Orbalbal, Endulen, Nainokanoka, Ngorongoro and Naiyobi with a combined population of some 50,000 people.
Loliondo Division, which is divided into a number of wards and villages, is inhabited Mostly by Maasai who are traditionally pastoralist but who now practice farming as well. The Batemi (commonly known as Sonjo) and other groups also live in the area and they are mostly farmers even though they also keep domestic animals. The Division is made up of the villages of Loliondo, Sakala, Ngwarrwa/Enguserosambu, Oloirien/Magaiduru,Soitsambu, Ololosokwan, Oloipir, Arrash and Maaloni.
As for Sale division, most of its residents are agro-pastoralist. The Division is made up of the villages of Tinaga, Mgongo, Kisangiro, Samunge, Yasimdito, Digodigo, Malambo, Piyaya, Pinyinyi and Engaresero. The three Divisions are characterized by differences in natural resources endowments, modes of production, the history and cultures of their inhabitants. There are very complex and hostile socio-economic and political relations between Maasai and the Batemi of the Sale and Loliondo Divisions.
2.0 The case of Ngorongoro Crater
The Ngorongoro Conservation Area Ordnance No. 14 of 1959 came into operation on July 1st 1959 when the NCA was started as a pioneering experiment in multiple land use. At this time the Maasai who had previously been living in what is now the Serengeti National Park (SENAPA) agreed to move into the newly formed NCA. Prior to the establishment of the NCA several years were spent in negotiating the terms and conditions for the Maasai to move out of the Serengeti into the NCA.
The Constitution of Republic of Tanzania of 1977, as amended as well as the land laws makes it clear that any person has the right to own or hold any property lawfully acquired, and that the deprivation of such a right must be done lawfully and compensation paid. Pastoralists have continued to traverse the whole country or continue to have their land encroached upon, both processes lead regular conflicts.
In 1950’s we were not born, and those who were born neither were they able to hold a pen nor to read a piece of paper. We heard from our fathers and forefathers, a couple of agreements were entered to convince Maasai leadership to vacate the planes to NCA.Agreements with the then colonial government stated that compensation would be in two phases. Phase I would establish water sources (either by dam, bore hole or pipeline) in agreed locations. Phase II would establish veterinary centers in strategically agreed places and veterinary drugs would be supplied. This compensation was considered adequate by the Maasai leadership at the time as it ensured that they would be able to maintain the health of their cattle, their primary economic asset and a focal point of their culture.
The compensation was never completely honoured, up to date no adequate water supply, livestock diseases are highly increasing and the Masaai people are still living in extreme level of poverty. Pastoralists have turned out to be internally displaced people in their country. There are many complex issues concerning the communities that have arisen in the course of the NCA’s existence.
Olaigwanani (Traditional Leader) had this to say;
“I was born on Engitati in Ngorongoro Crater where I spent my youth. I remember therhino. There were so many. They outnumbered the buffalo. They were everywhere. We rarely killed the Rhino and when we did it was because they threatened us in some way. We loved living in the crater together with the wild animals, listening to the lions roar. Then we were moved to where we are now. When I look at the crater I feel a deep sadness. Once control of the crater was given to someone else the rhinos started to disappear. Now they have almost all gone. Is this what they call conservation?
NCAA never involves Maasai people in any sort of administration. The National Game Parks Laws (No. 14) elevated the status of NCA to an autonomous body since 1975.The Ngorongoro Board members are presidential appointee. The lack or poor ratio of Maasai presentation in the Board is graded as one of the major factors for the deterioration in community relationships and the problems that followed.
In Ngorongoro divisions there is Pastoralist Council (PC), however, the council decisions are not binding, but rather the PC plays an advisory role. For forty years now the Maasai community felt as persecuted and unlucky people in the world. They see people carrying out various projects and implementations of unknown policies without being even allowed to make any inquiry. Community development activities and livestock services practically stopped and security became a serious issue.
Ngorongoro Conservation Act specifically states that, the NCAA was established for conservation as well as for the livelihood of the indigenous Maasai Living in the area, but this is not the case on the ground.The issue of finance appears to be a great deal of cynicism, due to the fact that, the distribution of money is not an open deal, and the District council receives almost nothing from NCA. Last year the District received only Tsh 175 million out of Tsh 30 billion from NCA.
Conflicts have arisen over land use in the past and these have often been resolved by moving the offending community or forbidding access to specific areas. E.g. the movement of communities out of the Ngorongoro Crater. Land use plans at the community level have not been developed and there are ongoing conflicts over land use for agriculture that continues to simmer without any real resolution.
Agricultural use of NCA land has been a contentious issue for a considerable amount of time. The Maasai claim that the local climate is less favorable to livestock which suffers reduced milk yields and is made more vulnerable to disease. The reduced availability of milk and livestock obliges them to supplement their food supply by cultivation.
Recently UNESCO declared to unlist Ngorongoro Crater from the list of the World classified Heritage sites. 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," 
In 1972 United Nation Conference on human environment came up with the declaration commonly called Stockholm Declaration 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. In Ngorongoro division people have been forcefully evicted and damped at Oldosambu ward without being provided with any social services.
3. The worshiped OBC and the Loliondo Saga
OBC in 1992 was granted the land without people’s consultation and District council signed on behalf of villages. The above act of District councils amounts to violation of constitutional rights.  The situation is further complicated by the multiplicity of policy, legal and institutional mandates surrounding the Loliondo Game Controlled Area.
Babiker  says the existing policies and legal institutional framework were put in place in 1950s and the tensions between the state legislations in Sudan and customary land regimes and continual grabbing of land and displacement of pastoralists was leading for conflicts among pastoralists, commercial farmers, sedentary farmers and state security forces.
The director of wildlife has more power to grant concession for exclusive hunting rights without involving villager’s .Practically this has taken place in Loliondo where the whole LGC area was granted to OBC and left indigenous as squatters on their land. OBC hunting activities have long struggled to get accommodated within traditional grazing patterns of pastoralists in the area, which struggle has at times precipitated into sore relationships and open conflicts.
The land leased to OBC and the other sold to Thomson Safari in Loliondo are seasonal migrated corridors. The same situation was found taking place in Sudan whereby most of the pastoralist seasonal migrated corridors were granted to investors from U.A.E, Saudi Arabia and Egypt.
It is not at all surprising that resource-based conflicts should constitute one of the major development challenges in Ngorongoro. Indeed, this is consistent with the reality all over the dry lands of Africa where conflict has become endemic. In a global review of pastoralism and conflict, have shown how areas occupied by pastoralists are characterised by conflicts emanating from competition for natural resources
The situation in Ngorongoro District is defined by competition for access to land and natural resources underpinned by competing land uses and livelihoods. The land use competition, which often translates into conflict, can be classified into four major categories. the majority of Tanzanians live far below the “poverty line” earning less than US $ 1 per day; Remember the average income per capita is obtained by an arithmetically equal distribution of wealth, which no Utopia is expected to achieve.
This is a parasitic stratum. It strengthened tour and travel companies in the same way in which local communities are weakened. It is polarisation of wealth and poverty at two opposite extremes. It is all sheer robbery, criminal plunder of the weak by the strong. To borrow the late Dr. Rodney’s in his book How Europe underdeveloped Africa “capitalism is parading in without even a loin cloth to cover its nakedness.”
Condemnation of pastoralists and cultivators as simply trouble-mongers who must be dealt with, has never ceased since 1992 when the Rio Conference came up with the CBC philosophy ,Principle 21 emphasizes that in sustainable development everyone is a user and provider of information. For example, Dr. Jafar Kideghesho of Wildlife Management at Sokoine University of Agriculture has written a number of papers clamouring for CBC. Yet he writes, “Habitat degradation attributable to severe overgrazing by livestock was the major cause for the decline. The eviction of Maasai pastoralists from the reserve [Mkomazi] in 1988 reversed the situation by lessening the degradation and thus restoring the conducive environment for wildlife species” (Kideghesho, 2001). He does not seem to have even a clue that eviction of people from their land, under any cover, is a “gross violation of human rights.”
Praising such crimes should not come from someone who is trumpeting for CBC, this is what Stoclohm Declaration and Arthur Convention provide against respectively In reference to the Ramsar Site Convention 1971 the lake Natron area was declared to be Ramsar site without peoples concern and hence became a threat to presence of pastoralist living around the lake on their jurisdiction and sovereignty over natural resources.
The allocation of hunting blocks is done by the Director of Wildlife in exercise of powers that are not clearly regulated under the Wildlife Conservation Act. In fact, complaints have been raised to the effect that “in practice, the allocation of hunting blocks has reflected the Director's personal whim rather than the consistent application of” guidelines. The village Land Act makes it legally for village lands to be alienated to non village private investor it has a potential for further approbation of common land and privatization
Chachage and Shivji (2001) concede that liberalization has prompted high marginalization of the rural poor as a lot of pieces of land are being alienated from peasants and pastoralists. Thus causing conflicts over natural resources. This was possible because when they move elsewhere in order to secure for forming and grazing are, they cause conflict with people they meet, we have at hand live examples at Rufiji, Ihefu, Kilosa and lindi.
Shivji and Kapinga states that a number of controversial alienation have justified over past few years in forms of promoting investment and attracting foreign investment and land has been alienated to hoteliers for purpose of tourism in and around National parks as will as on prime beach later.
We currently have great conflicts with hoteliers at Ngorongoro who wants to build hotels almost every where at conservation area while the laws prohibits indigenous to build modern buildings.
Peter Maina says the 1997 Tanzania investment Act has some glaring weakness like liberation of economy hailed as policy that will open avenues through which the local and foreign investors would walk together to prosperity but this has not been achieved because the law is silent on the joint ventures and obligations to investors.Maina went ahead reiterating that investors in Tanzania have been given red carpet treatment without being given strong obligations.
The livelihoods of members of the Maasai pastoral community within the Loliondo Game controlled area in Ngorongoro District, Arusha Region has of late become threatened by the antics of a certain foreign hunting company operating in the area (OBC).According to FEM ACT report the malicious and ruthless operation to evict the Maasai communities was alleged to have affected eight Villages of the Loliondo division. The alleged villages were left in Unimaginable distress and utter poverty. The report further elaborates among other inhuman acts such as rape and torture; the Loliondo communities are alleged to have lost their properties and loved ones. It was alleged that more than two hundred Maasai bomas were totally burnt; women were raped; more than 3000 people left homeless without food and other social basic needs and more than 50,000 cattle were left with no grass and water.
Speaking during interviews with journalists and activists under the FemAct coalition, the villagers said they have been forced out of the villages they have lived in for years, into bone-dry areas with hardly any water or pasture for their livestock. “We are now living in extreme poverty and not sure of our future, since we solely depend on livestock for our survival? It is just a matter of time before our cattle all die due to lack of water and grazing areas,? said Ephraim Kaura, an elder from Ololosokwan Village.
Tenga (1987) suggested that an important condition for resolving the apparent conflict over land is to change land use and management policies land laws should allow individual or groups to establish exclusive rights over land.
In social native space, zoning policies have also caused increased tenure insecurity and uncertainty of property due to land alienation, which has led to varied land disputes in different places.
Overlapping of Laws
Sanna Ojalammi says when thinking about law, it is also important to remember that Africa has often had two parallel legal systems functioning at the same level: state law and customary law. Also, overlap-ping land claims (modern and customary) have existed side by side in social space. Customary law/tenure has functioned at the level of peoples’ communities and statutory law has operated on the national level.
Mr. Nelson of Sand County Foundation presented an apparent contradiction in the legislation with respect to Game Controlled Areas and village lands. Game Controlled Areas are created by the Wildlife Conservation Act, and according to the Land Act is therefore included under the definition of reserved lands. At the same time, Game Controlled Areas in northern Tanzania overlap with demarcated and registered village lands and are therefore included under the Village Land Act’s definition of village lands.
Mr. Stolla stated that the legislation did not intend land to be both reserved and village lands, and that this was a contradiction and a flaw in the laws. Concern was expressed as to the tenure security implications of this contradiction, and Mr. Stolla advised that the only recourse would be harmonization of the laws by Parliament.
One factor that brings about land conflict is existence of numerous pieces of legislation controlling deferent land resources that apart from contradicting each other, often clash with indigenous property management system hence result into insecurity to land tenure leading to unsustainable land use practices making policies as well as legislation over resources ineffective and irrelevant to actual situation (Maganga 1995)
LGCA occupies 41 per cent while Ngorongoro conservation was allocated 59 per cent of the total land in the district. ? This meant that the land in Ngorongoro District is for wildlife purposes. An unlawful occupation by Maasai was alleged by Government officials to be main reasons for the malicious and awful operation in Loliondo. In 983, the villages within the district were also registered legally? Then it’s ridiculous to here such allegations from government officials.
One thing in Loliondo remained to be a riddle to many people, is a question as to whether OBC camp is a state within a state or a diplomatic area. It looks fishy within a certain part of a sovereignty country to receive phone massage invites you to another State. For strict proof thereof see the following massage text received from Loliondo OBC premises.
“Dear Guest, Welcome to the UAE. Enjoy the best network coverage and other unmatched services only with Etisalat. Please use<+> or <00>before the country code for international calls. For directory services call 181, for availability of GPRS, MMS 3G roaming services call Etisalat Travellers help line 8002300 & for inquiries on Tourism, entertainment, shopping, etc call 7000-1-7000(Roaming rates apply) Have a pleasant stay in the UAE”
The extent of adorations extended further to the issues of security, OBC is guarded by the Tanzanian police and the entire security system since 1992.The above situation was well discovered by Fem ACT coalition team which visited Loliondo to probe the matter on 18th-19th August 2009, and found that OBC is a company registered under the Tanzanian companies Act, Cap.112 which in turn makes it a Tanzanian citizen required to abide by the Tanzanian laws or whether it belongs to a Sovereign state having diplomatic relations within the country.
That being not enough, many Maasai men have been brutality beaten and maliciously prosecuted. Human rights NGO’s operating in Ngorongoro have been vehemently condemned by the government official as trouble mongers. To show how much we adore investors in Tanzania, the minister for tourism and natural resources intentionally mislead the world by saying the Maasai violently evicted at LGCA are Kenyans. To put more weight on her statement and to prove that no good governance in Tanzania the same minister during 17th parliamentary sessions (2009) told the assembly that no any violations of human rights took place in Loliondo.This was a respodnce to Hon .Saning’o Telele who wanted the minister to give explanation on 14 areas including the report gross violation of human rights during the exercise to evict pastoralists who had settled on the Loliondo area. The MP gave a time the parliament to come out with answers on 14 allegations of human rights in Lolindo
During the motion, the parliament was yielded to pressure by members of parliament to form a committee to investigate the truth about Loliondo evictions.
The committee visited Loliondo and managed to examine the extent of violations done to people of Loliondo according to Nipashe of 8th /12/2009 the committee admitted that there were many people who proved before them that they were brutally treated by FFU and OBC guards. The committee managed to have public meetings with people of Loirien village, Soitsambu and OloIpiri villages.
The District is rich of natural resources but surprisingly the people on the land still live in extreme poverties. This is what Ragna Tarvick and others baptized it as Resource curse.They found that resource curse represents enormous impediments to development, yet it is important to understand that natural resources is not a problem, rather it is lack of good governance and democracy. Therefore remedying this institutional failure Ragna says we need change of law and practice but doesn’t require huge resource investment.
The role of the State is to manage land in the public interest. It sown performance as land owner and regulator is critical to governance. It is important, therefore, that those institutions responsible for land governance (including those with responsibility over land owned by the State) operate in a transparent, accountable and efficient manner
It is therefore sounds easy to say, despite the fact that Ngorongoro is rich in natural resources; still there is bleak future for its people. Many people know the district only because of its wonders. The district is famous in natural resources and internationally recognized. This article enables the reader to get the other side of the story about the District and its people. The district is taking a lead in violations of human rights in Tanzania. This article summarizes the trend of violations of human rights in Ngorongoro from 1959 up 2009. Villagers want back their ancestral land both for their survival as well as for the sustainability of their livelihood system. They want to fairly benefit from the natural resources in their areas. The community demands restitution for the loss that has been incurred in the process of the ruthless operation by OBC. Further, there is a strong demand for the government’s accountability in all decisions that impact on the livelihood of the people.
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 The Case Of Ngorongoro Conservation Area , Arusha Region
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 The case of Ngorongoro conservation Area, Op.cit.
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 The Case Of Ngorongoro Conservation Area Ngorongoro District, Arusha Region
 The Guardian 5/ 5/ 2009.Ngorongoro crater issue tough – govt.’In a move to save the
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 Olengurumwa P.O (2009) Resource Based Conflict in Northern Tanzania: The case of Sonjo and Masaai of Ngorongoro.p 62
 Article 18 of the Constitution of Republic of Tanzania of 1977, as Amended.
 Babiker, M .(2007) Fighting For Inclusions Conflicts Among Pastoralists in Eastern Africa and the Horn PP 103-104
 Ibid., pp 94-95.
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 Ibid., (i) Uhalali wa zoezi lenyewe. (ii) Ukiukwaji wa haki za binadamu wakati wa zoezi hilo.(iii) Uhalali wa kampuni ya Orttelo Business Co-operation (OBC)kumilikishwa ardhi kama anavyodai Waziri wa Maliasili na Utalii.(iv) Ukweliiwapo wanyama wanaowindwa katika kitalu hicho ni wale tu waliotajwa katika leseni ya uwindaji ya mwekezaji OBC na kwa idadi iliyoonyeshwakwenye leseni.(v) Uhalali wa kampuni OBC kupewa ulinzi na vyombo vya dola tofauti na wawekezaji wengine. )(vi) Uhalali wa kuwepo majengo ya kudumu katika eneo la mapito ya wanyamapori (vii) Ukweli na uhalali wa kampuni ya OBC kuweka mawasiliano ya simu za mikononi ya nchi za nje yaani Etisalat ya United Arab Emirates.) (viii) Uhalali wa mwekezaji OBC kujenga uwanja mkubwa wa ndege katikaeneo la mapito ya wanyamapori. (ix) Uhalali wa mwekezaji OBC kujenga Ikulu ya Mfalme katika mapito ya wanyamapori. (x) Uhalali wa vijiji kuwepo ndani ya pori Tengefu la Loliondo. (xi) Haki ya wananchi walioathiriwa na zoezi hilo kufidiwa kikamilifu na Serikali. (xii) Serikali kutenga bajeti ya dharura kwa ajili ya huduma za maji na chakulakwa wananchi walioathirika na zoezi hilo ili kuokoa maisha ya wananchi hao na mifugoyao.(xiii) Uthibitisho pasipo mashaka yoyote kuwa waliochomewa makaziaumaboma ni raia wa Kenya na siyo raia wa Tanzania.(xiv) Hatua ya kinidhamu na kisheria zinazostahili kuchukuliwa dhidi yawatendaji wote waliohusika na ukiukwaji wa haki za binadamu na sheria za nchi katikautekelezaji wa suala hilo.
Nipashe 8th/12/2009.Loliondo walivyoshudia Ukiukwaji wa Haki za binadamu.
 Tarvick and others. Institutions and Resource Curse. Economic Journal (2005).