TARIME LOCAL ELECTION REPORT

- 0 -
TANZANIA LOCAL GOVERNMENT ELECTIONS OCTOBER 25, 2009.
TARIME DISTRICT REPORT BY LEGAL AND HUMAN RIGHTS CENTRE
MONITOR: ONESMO P.K OLENGURUWA
ABBREVIATIONS
CCM Chama Cha Mapinduzi
CHADEMA Chama Cha Demokrasia na Maendeleo
CUF Civic United Front LGE
GN Government Notice
LGE Local Government Elections
LHRC Legal and Human Rights Centre
LGRP The Local Government Reform Programme
NCCR MAGEUZI National Convention for Construction and Reform
NEC National Electro Commission
TLP Tanzania Labor Part
TAMISEMI Tawala za Mikoa Na Serikali za Mitaa
VEO Village Executive Officer
WEO Ward Executive Officer
WDC Ward Development committee
- 1 -
TABLE OF CONTENTS
Table of Contents………………………………………………………………. PAGE
1. Introduction…………………………………………………………………………..2
(a) Tarime District Background Information……………………………………..2
(b) Economic Activities…………………………… ………………………………….2
(c) Political Profile………………………………………… .…………………………..3
2. Voters Registration Progressions……………………………………………….3-8
3. Candidates Nominations………………………………………………………….9-12
4. Campaign Rallies………………………………………………………………....... 12
5. Voting Exercise……………………………………………………………………13-14
6. Mixed Reactions after Election……………………………………………….14-18
7. Conclusions………………………………………………………………………….. 19
7. Recommendations………………………………………………………………...19-20
8. Tables/Figures …………………………………………………………………………..
(i)Table 1.Tarime Populations by sex……………………………… ………......... 6
(ii) Table 2. Tarime Voters Projections and Registered Voters……………….8
(iii) Table 3. List of Appeals Released by Appellate committee…. ………….10
(iv) Table 4. A Summary of Tarime 2009 LGE Results………………………….15
(iv) Table 5 .Seats CCM Took Unopposed …………………………………………17
(vi).Table 6.Seats obtained by sex……………………………………………………18
- 2 -
1. INTRODUCTION
This report examines 2009 LGE in Tarime, focusing on the whole process of election.
This year Observation by LHRC based on Local Government voter participation, Local
Government representation; voter and civic education , voters registrations progression
, LGE funding, human rights and democracy. Observation covered as well the strength
of political parties and the number of parties participated in the elections and their
stances.
(a) Tarime District Background Information
Tarime is the district in Mara Region situated in North West Tanzania bordered by
Republic of Kenya to the North, to the West by Roria district and Lake Victoria , to the
East by Serengeti district, to the South by Musoma district.Tarime is divided into four
Divisions, 20 Wards, 73 villages and 399 sub villages. The district has populations of
334,318., women be 175,733 and male 158,546.97% of the total populations are found
in villages.Tarime Disrict was formed in 1961 as North Mara District before it was
named Tarime in 1992.Tarime Ward (kata ya mjini) was declared to be Tarime small
Township Authority by GN No.353 of 17/9/2004 according Local government Act NA. 7
of 1982. Tarime legally became a small Town in 16 /4/ 2007 after Tarime district
council ratified the GN. The major ethinic group found in Tarime is Kurya tribesmen
and few Jaluo. Kurya tribe is further segmented into seven clans. In Sirari and Pemba
wards(Commonly known as Mpakani) is commonly populated by Kurya clan called
Wakira. Wanyebasi clansmen are found in Nyakonga, Nyareno and Kibasuka Wards.The
big Kurya clan called Wairege are mainly found in Muriba, Nyanungu ,Nyarukoba
,Gorong’a and Nyamwaga Wards .Wanyamongo clansmen are found in Kemambo and
Matongo Wards.Timbaru clansmen are found mainly in Tarime Town.Wanchari
clansmen are found in Mwema and Susuma wards and their rival Warechoka are found
in Mwema Ward extending to Kurya District in Kenya. Mwera and Hunyaga clansmen
are found in Bumera Ward. Sweta clansmen are found in Nyatondo ward and lastly
Kenye clansmen are found in Manga Ward.
(b) Economic Activities
Tarime is divided into ecological lands, highlands and law land. Whereby high land
extends to 1500-1800m above sea level with rainfall between 1200mm-1600mm.While
in midlands Tarime extends to 1300-1500m above sea level with rainfall of 900mm-
125mm.The main economic activities in Tarime are Agriculture and Livestock keeping,
though in small scale people in Tarime do various business activities and mining
activities. Main food agricultural crops are sweet potatoes, beans, maize, cassava and
banana. The most common commercial crop found in Tarime is coffee, though recently
they have introduced new commercial crops like Tea and Tobacco.
- 3 -
(c) Political Profile
The district council has autonomy in its geographic area. District council coordinate the
activities of the township authorities and village councils, which are accountable to the
district for all revenues received for day-to-day administration. The village and township
councils have the responsibility for formulating plans for their areas. In Tarime the
District has one Small Town Authority and 73 villages.
The Local Government (District Authorities) Act No. 7 of 1982[RE:2002] established the
local government district authorities in rural areas, and the Local Government (Urban
Authorities) Act No. 8 of 1982 established the local government urban authorities. The
district authorities include district councils, village councils, and township authorities,
Sub villages, and Ward Development Committees (WDC). All of them except the Sub
villages and Ward Development Committees have powers to make by laws.
In Tanzania LGE are held every 5 years .The local government system in Mainland is
different from Zanzibar. On the mainland chairpersons and mayors are elected indirectly
by elected members of their respective authorities. For instance in Tarime Township
Authority, the chairperson is elected by all sub villages chairpersons who comprise the
Township council. Village council is elected by village assembly comprising of adult over
the age of 18.To make political proportionality and gender balance their special seats
for women not below 5.Village council have between 15 to 25 members. This
constitutes chairpersons elected by the village assembly, all chairpersons of sub villages
and other members elected by village assembly including special seats for women.
Tarime District is among the District in Tanzania which response to multiparty
democracy was too high since multiparty was introduced in Tanzania 1n 1992.Political
parties found in Tarime are CCM, CHADEMA, NCCR-MAGEUZI, TLP AND CUF, but the
most vibrant and active political parties in Tarime are CCM and CHADEMA. Since
Introduction of multiparty, CCM managed to won two terms the seat of member of
parliaments before it was taken by CHADEMA in 2005 up to date.Tarime district council
is under CHADEMA since 2005 General elections. It was easy for CHADEMA to chair the
council due to the fact that the majority of ward councilors are coming from CHADEMA.
On the other hand Tarime small town authority is under CCM, Small town council was
chaired by CCM due to the fact that, all sub –village chairpersons are coming from CCM.
According to past Local government elections 98% of Local government seats were
under CCM.Politicaly CHADEMA was active only in general elections but when it comes
to local government CCM became dominant. Local government elections in Tanzania
have been entrusted to the Prime Minister office under TAMISEMI.During the previous
Local government elections 98% of Local government seats were taken by CCM.
- 4 -
2. VOTERS REGISTRATION PROGRESSION
Total number of villages and sub villages for 2009 LGE In Tarime district is 399 sub
villages, 73 villages and four Divisions .Tarime small Town Authority has 14 sub villages
which compose Tarime Town Council.
Despite the fact that Tarime is one of the districts active in violent politics, the whole
process of voters registrations manifested to be smooth and cooperative. According to
Chief returning officer, the whole process of voters registrations in Tarime was well
organized, peaceful and cooperative due to the fact that the district is active in politics.
All stake holders were well involved, including political parties.
People were seen attending registrations posts in due time and in a convincing number,
though in few places was slow and in a lower rate. All registrations procedures were to
some extent maintained, the opening and closing of the posts were done not in
convincing manner in most places particularly in villages. Many people fore instance in
Nyarukoba Ward in one sub village the registrations post was located far away from
populations density .
Registration challenges
One of the most pressing problem emerged during registrations in most of the
registration centers, was the slow response of people. People were seen to be reluctant
to go for registration. Many reasons were cataloged as being the factor behind slow and
poor turn up.
Among others, the following were marked as leading reasons; Poor advertisement,
fallacy on the previous permanent vote registry identity card and lack of civic education.
Formerly voter education was not a legal function of the Commission, at present
commission has the role of voter education. However, the Commission never conducts
voter education in rural areas like Tarime in order to educate and mobilize the people to
participate in elections. One of the efforts which, were made by NEC was to recommend
to the Government to formulate a law which, gives the Commission the mandate to
conduct voter education. As a result the Elections Act of 1985 was amended to give
NEC the mandate to provide voter education throughout the country and to coordinate
and supervise persons who conduct such education.
According to Chief returning officer Mr.Urio the projections of people expected to be
registered as eligible voters for 2009 elections was 2020,279 people but the total
number of registered people is 94,727. According to 2002 Census and 2008-2012
projections Tarime has 334,318 people as total number of its populations. Populations
and number of people by sex at Ward level is herein below summarized in a simplified
table.
- 5 -
Election observer found that due to poor facilitations of the exercise, in many places the
names of the registered residents were put on public boards after two to three days
contrary to the law. In many places assistant officers used their own money to buy glue
and some time being assisted by political parties of which this again is contrary to the
law. To rescue the exercise, local facilities were used, like the use of baking flour (unga
wa ngano) and the use of cassava stiff porridge.
To respond the allegations of poor facilitations Tarime acting Chief returning officer said
the problem lies on the amount of money received from TAMISEMI.Tarime election
chief reiterated that we have only received the sum of Tsh 37 millions from TAMISEMI
for the entire exercise. The Chief whispered, to make the ex exercise successful we had
to have been given more than 60 millions Tsh. However, the District council toped up
with sum of Tsh 14 millions, yet the amount of money was not sufficient to cater for all
necessary elections prerequisites.
Many residents registration officers complained of the amount of money remunerated to
them. Registration officers who most of them were government civil servants were only
paid 5,000/- Tsh per day. This was seen to be inhuman and contrary to the principles of
human rights. What is 5000/= Tsh per day? It is ridiculous and fishy because the
money can only buy a single meal. In most places some of them threatened not
proceed with the exercise if the problem won’t be contained. One of them said,” we
have stopped some of our daily activities and we are working in a terrible environment
yet we are paid 5,000/=”.Observations found again this to be a brawny reason for the
problems arose during registrations process. The situations creates allot questions on
the use of money received from donor to make LGE this year to be effective and
democratic.
It is doubted whether dubious businesses was an insider deal. The Government has set
aside Tsh 13 billion to finance this year LGE.The budget is nine times more than what
was spent during the last civic polls. 2004 civic election, the Government spent Tsh 1.4
billions. With above massive increase of money we would have expected this year civic
elections to be accurate and transparent.
- 6 -
TABLE 1.TARIME DISTRICT POPULATION BY SEX
TARIME
Population by Sex , Number of Households and Average
Household Size
Population (Number) Household
Ward/Shehia Type Male Female Total Number Average Size
District Total 158,546 175,733 334,318 5.1
1 Susuni Rural 3,916 4,416 8,332 1,676 5.0
2 Mwema Rural 4,075 4,367 8,442 1,773 4.8
3 Sirari Mixed 11,082 11,760 22,842 4,917 4.6
4 Pemba Rural 7,779 8,463 16,242 3,062 5.3
5 Nyakonga Rural 5,508 6,067 11,575 2,229 5.2
6 Nyarero Rural 5,288 5,782 11,070 2,227 5.0
7 Nyamwaga Rural 5,689 6,431 12,120 2,261 5.4
8 Muriba Rural 7,742 8,696 16,438 3,035 5.4
9 Nyanungu Rural 8,769 9,883 18,652 3,466 5.4
10 Gorong'a Rural 4,701 5,303 10,004 1,834 5.5
11 Nyarokoba Rural 5,349 6,021 11,370 1,985 5.7
12 Kemambo Rural 4,954 5,199 10,153 2,043 5.0
13 Kibasuka Rural 5,035 5,751 10,786 1,957 5.5
14 Binagi Rural 7,611 8,403 16,014 2,773 5.8
15 Turwa Mixed 9,287 10,355 19,642 4,129 4.8
16 Tarime Urban 13,940 15,399 29,339 6,388 4.6
17 Nyandoto Rural 5,483 6,324 11,807 2,069 5.7
18 Bukwe Rural 3,640 4,134 7,774 1,655 4.7
19 Manga Rural 5,096 5,587 10,683 2,055 5.2
20 Nyathorogo Rural 5,809 7,031 12,840 2,392 5.4
Another technical problem with less impact on civic election is the conflicting interest
existing between the Tarime Township Authority and Ward councilor of the Tarime Mjini
Ward. When the Town was declared to be the Small Town Authority, Tarime Mjini
remained with the previous status while villages were abandoned and the Town
remained only with 14 sub-villages. According to Local government system, Ward
development committee is formed by Villages chairpersons. The current structure of
Tarime Small Town is pathetic and confusing. It is obvious; this will have negative
impact and misunderstandings among elected leaders. For instance the previous Town
Chairperson was the CCM cadre while the ward councilor is a CHADEMA fighter.
- 7 -
The LGE rules are very contradictory, according to other laws sub villages do not have
Executive officers as villages. But surprisingly and pitiable the so called LGE rules
speaks of executive officers at the level of sub villages found in Small Towns. The rules
shows that while the campaigns will last for 21 days from 7th to 24th October, the time
table shows the campaigns will be for one week from 18th to 24th October.
Another controversy arose on the definitions of who is an ordinary citizen. The tug of
war on the question of definition of an ordinary resident was found in Buhemba Sub
village. In Buhemba Sub villages there are many institutions like Secondary schools and
Teachers College.LGE rules of 2009 as per Local government Act CAP 287[RE:2002]
defines an ordinary person to include people living in institutions located in Villages and
Sub villages. The controversy came where political parties interpreted the definition of a
resident differently. CCM alleged that the definitions doesn’t include students who are
provisionally found in place, meanwhile their rival CHADEMA contended that the law
allows even students to vote. The controversy was later intervened, but the problem
was only contained momentarily to end up party’s differences. Still the law needs to be
revisited to put away those contradictions.
- 8 -
TABLE 2. TARIME DISTRICT VOTERS REGISTRATION PROJECTIONS AND
REGISTERED VOTERS FOR 2009 LGE
PROJECTIONS AND REGISTERED VOTERS AT THE
WARD LEVEL
NO. WARD PROJECTIONS
REGISTERED
VOTERS
CASTED
VOTES
1 NYANUNGU 14077 5944 -
2 MURIBA 12479 5018 -
3 NYAMWAGA 9136 3696 -
4 GORONG'A 7508 2940 -
5 NYARUKOBA 8514 3254 -
6 MATONGO 6126 5960 -
7 KEMAMBO 7925 4242 -
8 BUMERA 6045 2635 -
9 KIBASUKA 8102 5439 -
10 MANGA 8043 4754 -
11 MWEMA 6346 3342 -
12 NYAKONGA 8724 3631 --
13 SUSUNI 6253 2761 -
14 BINAGI 12514 5335 -
15 NYARERO 8318 3457 -
16 TURWA 15090 7486 -
17 PEMBA 12209 5347 -
18 SIRARI 13244 5890 -
19 NYANDOTO 9574 4699 -
20 TARIME MJINI 22052 8897 -
JUMLA 202279 94727 38229
- 9 -
3. NOMINATION OF CANDIDATES
Five political parties participated in nomination of candidates. These are, Chama Cha
Mapinduzi (CCM), Civic United Front (CUF), Chama Cha Democracies na Maendeleo
(CHADEMA), National Convention for Construction and Reform (NCCR MAGEUZI),
Tanzania Labor Party (TLP).
Election Observer grabbed a number of weaknesses during the whole process of
candidates’ nomination and filing of the forms. The most hacking weakness was, most
of the assistant returning officers were not independent and neutral. Returning officers
were not neutral due to their affiliations with political parties. Assistant returning
officers are, as well ignorant of the LGE rules and procedures. In one village the names
of the successfully candidates were found on public notice board only in a list written by
the returning officers contrary to the law. It is gloomy; because at the time, the names
were published, the returning officer never went through the forms for his approval.
Many village returning officers were found to have less knowledge on the factors that
disqualifies the candidates to contest. The Government has distributed few copies of
the rules, regulations and time table which are not enough even to distribute one copy
in each Division. Many candidates were disqualified without following proper
procedures. The LGE rules provide factors which disqualifies the candidate. Rules 12
and 15 articulate qualifications and disqualifications for a person to contest. To prove
the allegations, almost all 13 appeals to District appellate committee were up held and
candidates were allowed to contest.
According to Chairman of the appellate committee, many grounds sought and approved
by assistant returning officers to bar candidates from contesting were mare personal
convictions not provided by the rules. He reiterated that, the officer never read the
rules to internalize the factors that can disqualify the candidates. But where would they
pick the copies of rules to read? The situation above shows how TAMISEMI was not
serious with the exercise.
The table herein below shows the reasons considered by assistant returning officer to
disqualify 14 candidates. The appellate committee at District level found out all the
ground to be dubious, weak and against the LGE rules.
- 10 -
TABLE 3.A LIST OF APPEAL RELEASED BY DISTRICTAPPELLATE COMMITTEE
APPEAL
NO
OBJECTION
BY
PARTY CANDIDATE
OBJECTED
PARTY REASONS FOR
OBJECTIONS
1 Edward
Ndege
Secretary
CHADEMA
Mwangaza
Sub village
candidate
CCM Not a citizen
2 Assistant
Returning
officer Itiryo
Village
- P a u l o M Geteri CUF Antidevelopment
3 Ass Returning
officer
- Julius Chacha
Kitamuru
CUF Antidevelopment
4 Ass Returning
officer
- Ghati
MagesaCandidate
village council
TLP Indebted Tsh
85,000/-
5 Ass Returning
officer
- Yohana Sagamo CHADEMA Not eligible sub
village resident
6 Ass Returning
officer
- Nyabara Sub
village candidate
CCM
7 Ass Returning
officer
- Michael Thomas
Bisare.Raong
Sub village
candidate
CCM Late return of
nominations
forms
8 Ass Returning
officer
- Joel
Mkami,Gitagasmbe
Sub village
candidate
CHADEMA Loiterer
9 Ass Returning
officer
- Gati Robati
candidate village
council
CCM Late return of
nominations
forms
10 Ass Returning
officer
- Samson
Nyamhanga
CHADEMA Accused
11 Ass Returning
officer
- Nyangi Mwita CHADEMA Not active in
development
12 Ass Returning
officer
- Anicet Mchari CHADEMA Trespasser
Village farm
13 Ass Returning
officer
Mgesi Chacha CHADEMA Antidevelopment
14 Ass Returning
officer
- John Mwita CHADEMA Antidevelopment
- 11 -
Elections are important prerequisite for democracy. Some professional scholars of
democracy and elections such as Michael Bratton believe that while you can have
elections without democracy you can not have democracy without elections. Elections
give an avenue to citizens to exercise power through votes. It is during elections that
citizens can have power to question those intending to take positions; they can express
power on preferences. In a nutshell an election is a sign of democracy. Then if the civic
educations never went to people how democracy would be seen to be in place.
If you take the definition of democracy given by Abraham Lincoln that democracy is
“the government of the people, by the people and for the people” still there is a
problem of who the people are and who defines them and for what purpose. The
freeness and fairness will be achieved by first making the citizens aware of why they
are voting, that is, making them understand the value of a piece of paper which will
then become power to the person they are voting for.
It has been noted that some of the local government elections officers are ignorant of
the LGE rules and procedures. In some places the whole process was seen to be
surrounded with allot of controversies and irregularities. The irregularities were later
seen to be detrimental to civic rights. Assistant returning officers were not most of the
time in their offices when the forms were to be returned. In Binagi Ward one candidate
had to communicate with his party main office to pressurize the officer to receive the
forms. There are many allegations that elections officers are not neutral, due to the fact
that some of them have been seen to have affiliations with political parties.
To defend those allegations assistant officers, reiterated that their role was jeopardized
by poor facilitation of the whole process.” We are not paid anything and no even means
of transport to effect the exercise” said one of the returning officers in Tarime.To put
the defense into strict proof thereof, observer noted that, neither allowances to
elections officers, nor important facilities like pens, glue and note books were provided,
only few managed to have motorbike fuel.
Due to the above glaring weakness, then the whole processes of voters registration
and publicity of the registered residents was marred. There was mass failure of political
parties to nominate candidates in local government elections. it is only one opposition
party CHADEMA this year managed to have its candidates almost in every village and
sub village. However, in Tarime CCM as usual took 8 villages and 28 sub villages
unopposed. Canvassing the reasons for the failure of political parties to have their
- 12 -
candidates in every village, election observer in Tarime came out with the following
reasons;
Local Government Elections system stating from the Chief of TAMISEMI down to village
level, is purely network of ruling party( CCM).Therefore LGE machinery is purely
with proven evidence, a complex network of ruling party , which makes other parties
scared to compete knowingly no optimism of victory.
Ruling party financial muscles is another fertile factor for the walkover and unopposed
victory of CCM. Oppositions parties are financially poor, hence difficulty for them to
reach every angle of the of the country to establish themselves.
There was controversy on the issues candidates being ascertained by only party leaders
at local level. The law clearly spells; a candidate should be guaranteed by his/her party
without specifically states at what level. Many candidates from political parties who
aspired to contest sadly botched to do so because of this controversy.
Another factor was, most of opposition parties do not have people with integrity and
good reputation at local level to compete with nominee of CCM who look to be well of
financially and with certain defined integrity.
Historically ruling party inherited all the infrastructures used by ruling part during one
party system.Possesing such infrastructures enabled CCM be organized and creates
trust in front of people than their contender who lack even District main office.
4. CAMPAIGN RALLIES
At the district level campaigns were well arranged without causing any
misunderstandings among political parties. CCM launched their campaigns at
Songambele and Buhemba while their contender CHADEMA launched their campaigns
at Saba Saba grounds. The main problem during campaign was the use of harsh words
abusive language and personal attack. Instead of selling their policies most of the time,
were marked making personal attack on their platforms. They way they conduct
campaigns is not healthy in modern politics as it appears to maximize skirmishes.
Money was a well used in some point to buy voters, but it was hard to prove.
Opposition parties have been complaining of lack of funds to conduct campaigns ahead
of the civic polls. Representatives of various political parties whispered that, their
parties have no funds to finance the election, leaving candidates to rise own funds from
their supporters. Civic election was not free and fair because there was no financial
equity among the competing political parties. The victory for CCM was obvious given its
financial might.
- 13 -
5. VOTING EXERCISE
The whole exercise of voting commenced as planned on 25th October, the only problem
manifested was the delaying of opening polling stations in some areas. Most of the
polling stations were on board ten to 30 minute ahead. The reasons behind was the late
supply of voting facilities to voting polls. There were no suitable arrangements
particularly in villages on how the voting boxes and other facilities would reach to
polling stations.
Another critical problem found to be the main cause of voting exercise irregularities
was the huge number of registered voters to vote on one polling stations, this
manifested in most areas like In Sirari Ward and Matongo Ward particularly Nyamongo
village where the voting exercise extended to 7 pm and counting exercise went up to
4.00 am.
Voting irregularities were due to weaknesses of the local government elections rules
and regulations.2009 LGE rules were cumbersome and pathetic to the whole exercise.
Despite the facts that there were other reasons, the weakness of LGE rules are graded
as the strapping reasons for the misunderstandings and problems arose during
elections.
Primarily the whole exercise from voters registrations to voting exercise was not
properly financed in Tarime Distrrict.The amount of money sent to Tarime district from
TAMISEMI for the whole exercise was 37.9 Millions Tsh.
Due to lack of voting ink, many people found to have an attempt of double voting in
different places. The possibility of one persons voting in many polling stations was high,
due to the fact that the exercise of productions of identity cards was not implemented.
Voters were only observed to mention their names and registration number. According
to LGE rules, rule 19(5) election officer may request at any point voters to produce
their identity cards to prove as to whether they are eligible voter.The same rule at sub
rule 6 provides categories of identity cards to be called incase of doubt.
The whole procedure found to be odious and even to elections officers .Procedures are
cumbersome and hard to be implemented. It is very obvious that at village level only
few people can have identity cards. Also sad to have seen the law allows people to
resolve the questions of eligible candidates particularly where there is no identity card.
Allowing people to decide, is the leeway to unnecessary conflicts in polling stations. For
one to vote in the coming civic polls, they are supposed to have either national voter's
card, identity card, ATM card, travelling documents, insurance card, driving licence or
student identity card if a voter is a student.
- 14 -
In some places party candidates were seen to be a source of violence in polling
stations, for in stance this highly noted in Sirari Ward. Others were seen proceeding
with the campaign in pooling stations. In other voting stations, many voters were seen
to be violent as they never leave the voting vicinity after voting. During voting exercise
was going on, LGE rules were extremely seen to be violated due to unawareness by
both voters and elections officers. Party agents were seen not to be aware of their roles
and duties. Some of them were found to help those who cannot write to vote contrary
to the LGE rules.
6. MIXED REACTIONS AFTER ELECTIONS
A day after voting exercise was ended, CCM was declared an overall winner by having
scooped a hundreds of seats.CCM took 292 sub villages and 55 village out of 73 villages
and 399 sub villages.CCM celebrated landslide victory by having peaceful
demonstrations with its voters. On the same day their rival CHADEMA were as well
passing around proudly thanking their voters for gripping seats of which they had no
them previously.
However an election was smooth despite the facts that there were many glaring
weakness and cumbersome elections rules and procedure. The procedure was flawed
and never considered disabled people and vulnerable groups. In Tarime disabled people
have they did not register as voters nor have they voted. The issues of vulnerable
group was not given due weight by elections officers in Tarime.The district has groups
of vulnerable groups like women, illiterate and disabled but no any effort done to see
them exercise their civic rights.
During voter registration, the registration book never considered the disabled people.
The book provides only places where male and female voter can be identified and never
show column where disabled can be listed.
- 15 -
The summary of 2009 elections results in Tarime is herein below shown on the table.
TABLE 4. A SUMMARY OF TARIME 2009 LGE RESULTS
NO.
WARD
TOTAL
NUMBE
R OF
VILLAG
ES
VILLAGES CHAIRPERSONS
RESULTS
TOTAL
NO SUB
VILLAGE
S
SUB VILLAGES RESULTS
CC
M
CU
F
NCC
R
CCM CHADEMA CU
F
NCC
R
1 NYANUNG
U
4 1 23 - - 23 11 12
2 MURIBA 4 3 19 - - 19- 14 4 1 1
3 NYAMWAG
A
3 1 12 - - 12 5 7
4 GORONG'A
*
2 1 10 - - 10 7 2
5 NYARUKOB
A
2 2 16 - - 16 13 3
6 MATONGO
*
2 1 16 16 10 5
7 KEMAMBO 3 2 26 - - 26- 20 6
8 BUMERA 4 4 23 - - 23 19 4
9 KIBASUKA 3 3 18 - - 18 17 1
10 MANGA 6 5 29 - - 29 27 2
11 MWEMA 3 2 17 1 - 17 12 4 I
12 NYAKONG
A
4 4 17 - - 17 14 3
13 SUSUNI 3 3 14 - - 14 8 4 3
14 BINAGI 5 5 27 - - 27 21 6
15 NYARERO 4 4 19 - - 19 17 2
16 TURWA 5 5 30 - - 30 20 9 1
17 PEMBA 6 3 23 - - 23 17 6
18 SIRARI 5 3 24 - - 24 18 5 1
19 NYANDOTO 5 4 22 - - 22 16 6
20 TARIME
MJINI
- - 14 - - 14 10 4
TOTAL 73 56 15 1 - 399 296 95 4 3
- 16 -
Huge number of people never turns up for elections despite the fact that most of them
were registered. Exploring why the turn up was poor, elections observer noted that
people were somehow worried of the cumbersome voting procedures; many people in
Tarime neither know how to write nor to read. Having multiple ballot papers to write
more than ten people was causing voter fatigue.
The polling stations were seen to have long queue of people, this also was a shock to
busy people. In some polling stations peace and security was very minimal to the
extent of making other people beg off to vote. In some polling stations the situations
was violent and hence precipitated the use of police force to calm the situations. Some
people suspected as street hooligans were seen loitering closely to the pooling stations
after voting, this is contrary to elections rules which prohibit people who have already
casted their vote to remain close up to voting vicinity.
The number of people casted their votes is only 45% of the registered voters. The
projections of people to be registered as shown on the table above was 202,279 while
the total number o reregistered voters in Tarime is 96.324.Then out of 94,727 people
only 38,229 casted their ballots.
Many people were arrested by the police during voting day. In some few places polling
stations were full of violence to the extent of ballots boxes being stolen by unknown
culprits. Among the 9 people under police arrest others are candidates of
CHADEMA.Due to the case of the use of fire arms and burning of ballot boxes in
Nyamongo Centre sub village, one person suspected to die during the violent and other
suspected culprit are under police custody for trial. Then sub village by elections at
Nyamongo centre has to be repeated. In Msati Sub Village the same problem occurred
and leads CHADEMA Candidates to be arrested while holding his ballots uncounted.
However, the assistant returning officers proceeded to count one side ballots and
announce CCM candidates as a winner.
The mission also observed that there was no conducive environment for various players
like electro official and observers to conduct themselves in safe and regulated
mechanisms. Secret of ballot was inadequately observed, many people were found to
be inside the polling stations at a time.
Intrinsically the situations manifested that there is little knowledge on Voter and civic
educations and political activism at some levels.Enomously a mass of eligible voters
unreasonably neglected the voting exercise. This situation is a killer of democracy in
Tanzania.
Political parties in Tarime are not pleased with the way election was conducted; they
blame the use of Government officials like DC, WEO and VEO to subordinate other
parties. Their cries hold water due to the fact the some of the government officials are
- 17 -
spectators of political parties. Some of the returning officers were found to be local
leaders of Political parties. Therefore due to the fact that TAMISEMI was entrusted with
the tusk of supervising LGE, then the concept of neutrality and independence would
have been highly observed and emphasized.
According to election observer the whole concept of independence and neutrality of LGE
governing bodies during elections was not strictly adhered. Observer found some of the
of the government officials responsible for LGE to be deadly worshipers of political
parties.
Below is the list of villages and sub villages CCM took unopposed in Tarime during 2009
LGE.
TABLE 5. NUMBER OF SEATS CCM TOOK UNOPPOSED
NO. WARD VILLAGE
CHAIRPERSONS
PARTY SUB VILLAGES
CHAIRPERSONS
1 MATONGO - -
2 - - 1
3 PEMBA - -
4 NYANUNGU - - 1
5 NYAKONGA 1 -
6 KIBASUKA 1 6
7 BUMERA 1 7
8 KEMAMBO 1 Vitongoji 7
Wajumbe 17
-
9 MURIBA 2 7
10 MANGA 2
TOTAL 8 29
- 18 -
The table below illustrate the total number of seats obtained by sex.The table enables
us to make analysis of involvement of women in decision making at grass root level.
Looking at the number of women contested for village chairperson and sub villages
chairperson at village level you hardly see even a single lady.
TABLE 6.TOTAL NUMBER OF SEATS OBTAINED BY SEX
1 Total number of
villages
- - - - - - - - -
-
2 Village
chairpersons
57 - 14 - 1 - 1 - -
-
3 Members of
village
assembly(m)
530 - 132 - 3 - 14 - 1
-
4 Members of
village
assembly(F)
-
60
-
33
- - -
1
-
-
5 Special seats -
435
-
123
-
3
-
12
-
-
6 No un voted
villages
- - - - - - - - -
-
7 JUMLA 587
495
146
156
4
3
15
13
1
-
8 Voted Sub
villages 399
- - - - - - - - -
-
9 Sub villages
chairpersons
296 96 - 4 - 3 - -
-
10 No unvoted sub
village
- - - - - - - - -
-
11 TOTAL 296 - 96 - 4 - 3 - -
-
M F M F M F M F M F
CCM CHADEMA CUF NCCR TLP
- 19 -
7. CONCLUSION
Ultimately, Tarime 2009 LGE at some level was smooth and peaceful. Elections observer
noted many weakness of the LGE rules to be the main cause elections irregulaties.Lack
of voter and civic education at all levels manifested to generate all sort of problems
during elections. Poor facilitation of the whole exercise again was another factor behind
elections problems in Tarime. Lack of free and an indendepent electro body in Tarime
was the thorn to other political parties. The only political parties did well in Tarime out
of 18 political parities in Tanzania are CCM and CHADEMA.The rest of the political
parties in Tarime experienced drastic fall.
8. RECOMMENDATIONS
1. The Local Government Reform Programme (LGRP) aims to transfer duties and
financial resources from central to local government levels. Local government
authorities are thought to be in a better position to identify people’s needs by
encouraging citizens’ participation in democratic governance, and thus supply the
appropriate form and level of public services. Then TAMISEMI is urged to put
more muscles on LGE by pumping allot of money and time to make it more
effective and democratic.
2. Local governance covers issues related to citizens’ participation in formulating
and implementing plans for local development, local government autonomy in
staffing, working relations between people and elected leaders. Therefore if
Local governance and the whole concept of decentralizations cover issues related
to citizens participations, then civic educations is vital to effect people’s
participations in choosing their local leaders.
3. With regard to the issues of freedom and neutrality of electro bodies and
personnel. Its contrary to democratic principles to entrust such task to
Government institutions which most of its officials are politicians.TAMISEMI is
under a minister who has political party, and returning officers are appointees of
political leaders. Then to have free and fair elections the whole exercise of LGE
must be entrusted to independent bodies which comprise all stakeholders
including civil society organizations.
4. We urge the Government to provide money to each political party to help them
to have equal and fair competition. Since Tanzania is democratic, the
Government must equally subsidize political parties that participate in polls so
that there is a fair play ground in elections in Tanzania.
5. The so called Local Government rules are poor, contradictory and cumbersome.
We therefore advise the government to involve all stakeholders including
- 20 -
religious leaders, non political organizations and professional institutions when
formulating such rules and regulations.
6. Political parties must learn to respect the principle of political tolerance because
the peace of our country lies on their hands. Political Parties must hate and avoid
violent politics for sake of the Nation’s peace and security. To have more
popularity in the country Political parties are urged to go beyond cities and
Town. In Tarime violent politics was the game of the day, therefore political
parties particularly oppositions wing are advised to put aside violent politics to
resume reputation in Tarime.
7. More attention should be directed to the rural areas where there are no
journalists to report the breech of rules, government organs and personnel
acting in favor of certain political party and other such unethical politics. It is
now the time for all stakeholders to sensitize citizens to understand their rights
which will help them first elect the right candidates and subsequent be able ho
hold the elected candidates accountable.
8. True democracy is about true representation and true representation is correctly
representing the voters’ interests. Thus as Tanzania runs towards general
elections in 2010 the focus should be to have free and fair elections. The
freeness and fairness will be achieved by first making the citizens aware of why
they are voting, that is, making them understand the value of a piece of paper
which will then become power to the person they are voting for. We urge all
Tanzanians to be vigilant on issues of elections; this is because we are all in the
same plane when it crashes no one to remain safe.
9. We therefore act as political solicitors and canvass an extensive range of issues
that may be categorized under three broad headings:
• Improving Local Government voter participation.
• Improving Local Government representation;
• Improve voter and civic education
• Improve voters registrations progression
• Improve LGE funding and
• Improving the Local Government election process
• Amend the LGE rules and procedures

Pastoral land tenure vs new land laws

i
1990’s TANZANIA LAND LAWS REFORMS AND ITS
IMPACT ON THE PASTORAL LAND TENURE
A PAPER TO BE PRESENTED DURING PASTORAL WEEK
AT ARUSHA
FROM 14TH-16TH FEBRUARY, 2010
PRESENTER
ONESMO P.K OLENGURUMWA
LEGAL OFFICER LHRC
ii
Table of contents page
1.0 Historical Background of Pastoral Land Tenure in Tanzania
1.2 During Colonial era…………………………………………. 1
1.3 Post Independence Period ………………………………….2
2.0 A Summary of the 1990’s Land Law Reforms……………………4
2.1 Presidential Commission on Land Matters Inquiry.
2.2 National Land Policy.
2.3 The 1999 Land and Village Laws.
3.0 Analysis of the New Land Laws in relation to the Pastoral Land
Tenure
3.1 Policy implementation…………………….,…………………………5
3.2 Objectives of Land Law Reforms……………………………………5
3.3 Expansion of Protected Areas…………………………………… …5
3.4 Copping Mechanisms………………………………………………..7
3.5 Inheritance of colonial old rude Land Tenure……………………..8
3.6 Participation and Flow of information………………………………9
3.7 Land Dispute Settlement System………………………………….10
3.8 Inclusion of Unused Land in the Category of General land……..10
3.9 Resource based conflict and marginalization of the poor…… ..11
3.10 Overlapping of laws……………… ……………………………14
4. Conclusion…………………………………………………………………19
5. Recommendation……………………………………………………. …..19
6.0 References ……………………………………………………………….21
iii
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
NLP National Land Policy
NP National Park
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 Nation Education, Science and Cultural Organization
WMA Wildlife Management Area
1
1.0 Historical Background of Pastoral Land Tenure in Tanzania
astoralism is a way of livestock production in which livestock keepers
move their cattle, sheep and goats from place to place to take
advantage of pasture and water which are available at different times
during the year. On the dry-land planes of Tanzania, livestock and their herders,
sometimes entire families, can move large distances to reach suitable pastures,
which causes some pastoralists to live a nomadic or semi nomadic existence.1
The development of pastoral land tenure can be traced from colonial era to the
present.Dr .Kennedy says; the pastoralist land tenure has been the subject of
conjecture and turbulence from the colonial trough the independence
era.2Subsistence farming and pastoralism constitute a substantial component of
the livelihoods of the people. At the global level, the pressures for liberalization of
land and natural resources, specifically with a view to putting land in the market
place have been critical in revisiting land legislations. Tanzania has almost 2
millions pastoralists scattered in several regions. The Maasai pastoralists are
large in number and widely known.
3.2 During Colonial Epoch
After the intrusions of Germans in East Africa all the Tanganyika land was taken
by German East Africa Company. Any land which was evidenced not to be
private was considered to be public property. German recognized the customary
land rights and tried to facilitate proof of them in order to integrate them into
formal production of western system3
Then the recognition of customary survived only for short time when German
East Africa declared that all land was un-owned. Then ownership of the land was
vested to German Empire and land title had to be obtained by conveyance of
ownership or leasehold. According to Dr G Kennedy the natives by then had only
1 Sendalo, D(2009).A Review of Land Tenure Policy Implication on Pastoralism
in Tanzania.p 7.
2 Kennedy, G.(2007).The Impact of Tanzania New Land laws on the customary Land rights of
Pastoralists.p 21
3 Ibid. p 24
P
2
user rights not ownership, and ownership had to be proved by documentation.
Then one of the major implications of this to pastoralism is the fact that
“occupancy of the land became narrowly defined as tilling where as pasturage
and fallow were not seen as occupancy.4
Sendalo reiterates that, the colonial legislation and programmes viewed pastoral
land as reserves awaiting proper allocation and exploitation. Wildlife reserves
and prime land for settlers were always cut-out of the rangelands.5 There is
plenty of indication to suggest that the primary objective of new land policy and
legislation at this point is not to secure the land rights or interests of the majority
poor but to make more land available for commercial and often foreign-backed
investment, I will later revert to this when discussing the impact of land law
reforms on pastoral land tenure.
The system of pastoral land ownership faces many challenges including the
categories of ownership. Land tenure in pastoral societies of Tanzania comprises
of two key concepts namely, territory which denotes land as defined by the
jurisdiction of state or community, etc.; and domain which refers to the range of
customary control or sphere of influence (Kaare, 1996, 5).Then due this huge
challenge Potnaski says It is this climate-driven mode of land and resource use
which has led to their lands being dubbed as uninhabited, barren or underutilized.
As a result, these lands have been confiscated without concern for the
pastoralist way of life on the pretext that they were ‘no man’s lands’. (To be
discussed later).
The reasons for these challenges are much more complex than experienced on
the farm. They reach back to land grievances that have a century-long history,
which remain unresolved and this will continue to resurface periodically, and with
greater and greater disturbance until they are resolved.
During German era pastoral land tenure was not properly legislated, Germans
were highly interested with plantation economy and oriented market economy.
After world wars Tanganyika became mandate territory and later trust territory
under British Governors. British rule struggled to favor the interest of natives in
4 Ibid. 25
5 Sendalo.Op.cit.,p 8.
3
land matters by enacting various laws including the land ordinance of 1923 Cap
113.Regardless the enactment of those laws; the land law Cap.113 had no
provisions relating to customary tenure. Dr Kennedy says, 1928 land law
amendments did not in practice protect natives and pastoral land tenure as a
whole.6Prof Juma elaborates that, British took advantage of this ambivalent and
tenous nature of customary tenure system to accommodate shifts of
administrative and economic policies at the expense of customary lands7Grazing
lands or rangelands became vulnerable to encroachment and remained insecure
against land alienation in favor of establishment or expansion of commercial
farming, wildlife reserves, or conservation schemes and all this were justified by
British rule.8Despite the efforts made by British to establish Maasai District in
1926 and Land (Pastoral Purposes) regulations of 1927 to defend Maasai land
rights, pastoral land tenure was still unsecured.
1.3 Post Independence Period
Land tenure regime in Tanzania never became new even after independence.
The independence government went on using the same land laws in land
administration by retaining the legal heritage left to it by British rule.
According to Dr Kennedy, during post independence period there was only one
attempt to regulate pastoral land under customary law until 1999 when the land
and village Land Acts were enacted. The only attempt made was the
introductions of rangelands under 1964 Range Development and Management
Act.9 Operation vijiji and creation of ujamaa village hardly took into account the
land rights of pastoralists.
6 Kennedy.,Op.city. p 30.
7 Juma, I.H. (2000),’’Extinctions of customary Land Rights in the Wildlife Conservation Areas of Tanzania:
The Case of Mkomazi Game Reserve. In Retch in Africa 2000:133-172, at p.142.
8 Ritcher,R.E.(1996),the land Law in Tanganyika since the British Military Occupation and under the
British Mandate of the Legue of Nation,1916-1946”,in Debusman , R and Anorld.S.(eds.) ,Land Law and
Land Ownership in Africa:The case Studies from Colonial and Contemporary Cameroon and
Tanzania,op.cit.,pp75-77.
9 Kennedy., Op.cit.,p 37.
4
2.0 A Summary of 1990’s Land Law Reforms
(i)Presidential Commission on Land Matters
he 1990’s land reforms, was initiated by the commission of inquiry into
land matters in 1991.The commission was commonly known as Shivji
commissions due to the fact that Prof Issa Shivji was the chairperson of
the commission. The report was a gear towards all land reforms took place in
1990’s.In 1992 the findings of the report were submitted to the President
covering all legal, admistrative and institutional dimension on land.10The report
had good recommendations on pastoral land tenure like range mechanism to
protect pastoral land.11
(ii) The National Land Policy
Before enactment of any law it’s legally advised to have a policy in place
before.1995 in responding to presidential commission, Tanzania government
released a National Land policy basing on the recommendation of the
commission of inquiry on land matters of 1991.The policy admitted the existence
of the shortage of grazing land coupled with government policies that favored
cultivation at the expense of pastoralist.12The policy addressed the problem of
pastoralism without giving straight forward mechanisms to secure pastoral land
tenure.13
(iii)Land and Village Land Acts of 2009
In responding to the National Land Policy, the parliament of Tanzania enacted
two legislations i.e Land and Village land Acts of 1999 for the management of
land matters in Tanzania. According to Prof Fimbo the major concern of the
policy makers in the land law reforms has been the tensions between on the one
hand ,freedom to deal with the land in the market and on the other ,security of
tenure or protection of users and occupiers of land.
10 United Republic of Tanzania(1994),Report of the Presidential Commission of inquiry into the land
matters,Vol.1 & 2.
11 Presidential commission Report on land matters.Op.cit. ,Vol 1,Chapter 15-16.
12 National Land Policy, paras 7.3(iii)
13 Fimbo,G.(2003),Land Law Reforms in Tanzania. p 44
T
5
3.0 The Impact of Land Law Reforms on Pastoral Land Tenure
3.1 Policy implementation
oth the policy and the report of the presidential commission attempted to
address the problem of pastoral land tenure. The questions of issuance
of village land certificates and restoration of range lands were strongly
addressed by the policy. But in practice the situation is not the same due the fact
that the policy is silent on the mechanism to address those problems. With
regard to the nature of pastoral community, they need a vast area for grazing and
sometime to practice transhumance, but surprisingly the policy is silent on that.
NLP requires all range lands to be reverted to its original use as soon as existing
activities ceases14
But this is not the same in practice, look at the case of NAFCO as well the case
of Soit sambu grazing land (12,000 Acres) granted to TBL in 1980’s for for
commercial farming activities and when farming activities ceased, that land was
never reverted for pastoral activities instead the land was sold to Thomson
Safaris for tourism activities.
14 National Land Policy,para 7.3.1(a),p 35.
B
6
2 Objectives of Land Law Reforms
Tracing back the objectives behind Tanzania land law reforms, it is easily to note
what impact the law reforms will have on pastoral community. There is plenty of
indication to suggest that the primary objective of new land policy and legislation
at this point is not to secure the land rights or interests of the majority poor but to
make more land available for commercial and often foreign-backed investment.
The evolution of Tanzania's reform of its land laws is an initiative embarked on as
part of broad economic liberalization supported by donors and the World Bank
Group.The liberalization of the economy and emphasis on privatization fueled by
the IMF/World Bank agenda on markets and privatization has increasingly
opened the rangelands to a host of external forces. Land acquired by the state
either for direct economic activity)15
3.3 Expansion of Protected Areas
The Policy became a thorn to rural communities particularly pastoralists, as it
advocates for dispossessions and expanding of boundaries of protected areas at
the expense of pastoralist (e.g. Mkomazi game reserve and NCA). The Policy
has inherited the colonial system of land management from top to dawn. The
principle of the policy promoted by the land laws of 1999 clearly stipulates that all
the land in Tanzania is the public land, with radical title vested in the president as
the trustee on behalf of all citizens.16
The Land Policy turns against the pastoralists, blaming them for encroaching into
agricultural lands and causing conflicts with other communities and for land
degradation! It states that ‘the free movement of pastoralists with their cattle
brings about land ownership and land use conflicts with settled communities.
Furthermore, in the manner of the ‘old orthodoxy’, ‘unregulated movement of
livestock causes land degradation in areas through which they pass.’ The moral
is clear: pastoralism and pastoralists are the victims of who are degrading the
15 Sendalo.Op.cit.,p 8
16 Section 3(i)(a) and 4(1) Land Act, section 3(i)(b) Village Land Act,1999;National land Policy,para
4.1.19(i)(a).
7
environment. About 1/3of the country's total area is protected to a certain degree
as National Park,"Game Reserve", Marine Park, Forest Reserve17
The pastoral people in Tanzania have been the most prominent victims of
protected areas and wildlife conservation policies and practices widely
Acknowledged today. Today, they occupy less than two thirds of their former
territory and there are indications that this will go on dwindling. (Kaare, 1996,
Okoth-Ogendo, 1992).
Dealing with the impact of new land laws on the pastoral land tenure can’t be
done in isolation of new wildlife and environmental laws. Pastoral communities
have for many years been moving to the south, Tanzania tremendously faces
another kind of the Maasai migration to urban centers beginning during early
1990s in search of wage labour and other income earning activities. The reasons
for such movements include loss of livestock due to diseases, drought, and
limited land for livestock keeping, worshiped investors like OBC, extended
conservations , protected areas etc.
17 Ibid., 9
8
Sendalo proclaims that18, Pastoral areas continue to be viewed as
unproductive “wastelands”, and government investment is rarely proportionate to
the contribution made by these areas to local and national economies.
Furthermore, the contribution that pastoralism makes to the national economies
is rarely quantified in national development statistics. For example, there is little
recognition of the fact that pastoralism is the backbone of the commercial
livestock sector for both domestic and foreign markets, or that almost all the
wildlife that attracts significant foreign earnings is located in pastoral areas. The
fact that pastoralism is able to make profitable use of the million people in
Tanzania, is also often not recognize
18 Sendalo.,Op.cit., 19
9
3.4 Copping Mechanism
Literature shows that the pastoral community have been forced to develop
copping mechanisms against these changes of land reforms. The copping
mechanisms include;Migrations to new areas of the country and diversification of
productive activities, a good example are evictions of pastoralist from Ihefu valley
to Lindi. These changes could mean greater insecurity or greater vulnerability for
certain social groups, while bringing prosperity for other groups.During Ihefu
evictions many pastoralists lost their livestock due to long walking distance.
3.5 Inheritance of Old and Impolite Colonial Land Tenure
The land tenure in Tanzania never change, the new land laws retain right of
occupancy as the sole systeme of land holding or land tenure. Right of
occupancy is a dual system divided into Granted and Customary rights of
occupancy. Customary right of occupancy include issuing of certificate and
deemed right of occupancy according section 25 of Village Land
Act,1999.However , the issue of deemed right of occupancy is nowhere to be
seen as secured by the land laws due to the controversy surrounding section 18
of the village land Act,1999.
Dr Kennedy reiterates, validation of land use occupation into granted right of
occupancy infringes the rights of customary land owners.19 This is more
practicable in many pastoral villages, particularly in Northern Tanzania where
quite substantial areas of land have been alienated to companies like
OBC,Thomson Safari ,individual etc under granted right of occupancy.
Pastoralist in Simanjiro District faced with severe challenges; the most acute is
shortage grazing land as the result of land alienation. Due to seasonal
movements of livestock under transhumance system seasonal grazing land have
been labeled as terra nullus(no man’s land) and legally or illegally alienated
into larger plantations, mining caves or creation of National Parks Like
Tarangire.20
19 Kennedy., Op.cit.,p 64, see also Lane, C. (ed).(1994),Pasture Lost alienation of Barbeig Land in the
context of Land Policy and Legislation in Tanzania,Op.cit.
20 Kennedy., Loc.cit., p 105.
10
The usual daily and seasonal migrations have been rendered difficulty by the
present land laws and wild life laws. For instance, during periods of serious
conditions, pastoralist have attempted to utilize some of this alienated areas for
dry season grazing but have found them inaccessible.Inturn they have been
brutally treated to the extent of being called foreigners from Kenya.( refer the
loliondo saga 200921 and the case of Simanjiro 2006.)
TANZANIA MAP SHOWING PROTECTED AREAS
21 Olengurumwa,P.(2009)”Untold Story of the Ngorongoro District”, p 15.
11
3.6 Participation and Flow of information
The NLP advocates for the participation of people in land management and
admistration.In practice there is huge evidence that up to date pastoral
community are still un aware of new land laws reforms. This subsequently has
negative impact on pastoral land tenure as they still practice what can’t be
enforceable into the court of law in case of any interventions.
The land laws advocate for a villagers to secure their land, they need first to get
certificate of village land granted by commissioner for land. The whole process
certification according to my own experience and studies made by other
researchers like Dr Kennedy and W.Olenasha is very problematic due to
cumbersome procedures which seem to be, expensive and prohibitive. For
instance up to date only 3 villages in Ngorongoro out of 34 villages have
managed to have village land certificates.
3.7 Land Dispute Settlement System
The system of land dispute settlement under new land laws is still a theory to
pastoral community. In many pastoral areas this system is not yet established
and whenever established it happens to be unworkable. The involment of
Ministry of Land in land matters and at the same time involved in appointment of
chairpersons of the District Land Tribunal overrides the principle of impartiality.22
3.8 Inclusion of Unused Land in the Category of General land
The inclusion of unused or unoccupied lands in the category of general Land has
negative impact on pastoral land tenure.PINGOS therefore argues that the land
laws lean favorably towards foreign investors, there is a lack of land security for
land owners reside in different villages when their land is labeled as unoccupied.
This question was even discussed before the enactment of new land laws. For
instance in the parliamentary debate on land bill, the chairman of the Economic
and Finannce Commmittee,Hon Late Juma J. Akukweti (MP),raised the concern
that the Bill had not clarified pastoralists lands.He said pastoral lands need legal
22 National Land Policy,para 4.2.25
12
protection due rotational grazing system23.According to Dr Kennedy many official
justified the inclusion of unused land into general land as it simplifies the creation
of land bank to be granted to investors without going into detailed procedures of
transfer of village land and payment of any compersation.24These have been the
same justifications used by colonialist to expropriate and plunder the land of the
poor. Customary law/tenure has functioned at the level of peoples’ communities
and statutory law has operated on the national level.
3.8 Marginalization and Conflict over natural resources
Chachage and Shivji (2001)25 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. On his part, Shivji propounds
that from 1990’S lands disputes have become common in Tanzania due to poor
management of land matters.
Land conflicts can be put into various categories as follows;conflicts between
pastoralists and farmers, conflicts between indigenous and investors , conflict
between central government and citizens and conflicts between reserved areas
authorities and citizens. .26These conflicts matured to be a threat to peace, loss
of life and properties.Pastoralists lost their homes and properties during evictions
in many parts of the county.For instante in Kilosa, evictions left many pastoralist
homeless.Many of them lost their cattle and money.27
One of the memeber of perliament had this tosay;
“Wafugaji wanazunguka bila ya kuwa na maeneo maalum ya kufugia. Kila
wanapokwenda wanaambiwa ni hifadhi. Wengine wameishi maeneo hayo kwa
muda mrefu zaidi ya miaka 20 leo wanaambiwa ni hifadhi”.28
23 Hansards, Parliamentary Debate,pp 27 and 61.
24 Section 4 Village Land Act,1999, see also Kennedy.,Op.cit.,p 178
25 Mtwale.,Op.cit., pp. 29-40.
26 Hansard., 16th session–27th Meeting .p.67
27 Ibid
28 Hansard.,Op.cit.16th Session – 14th Meeting. p 129
13
The Constitution, make it clear that everyone 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.
On the same agender another member of perliament had this to say;
“Wafugaji wamenyanyaswa kupitakiasi. Hivi ukinyang’anywa mifugo 400
uliyonayo ikauzwa, ukabaki maskini, ni sheria gani hiyo…….Kinachonisikitisha ni
swali linaloulizwa kwamba hivi wametoka wap…. Huu ni ukiukwaji wa Katiba na
haki za binadamu.?” 29
This is a parasitic stratum. It strengthened tour and travel companies in the
same way in which local communities are weakened. It is polarization 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.”30
Blomley 31 says that, state has a legal monopoly over the land territory through
legal enactments. In principle, law should provide tools for administrations and
judicial procedure to protect the land rights. The study shows the multiple legal
situation in Tanzania, whereby land and resource property has accommodated
notions of private, common /collective or granted law in land ownership in the
beginning of the 1990’s. State law also lagged decades behind states policy
changes. Tenga, 32 went on saying that changes in law and property have taken
place with force and violence ever since the colonial time example the land
ordinance 1923 remodified and re- co -structuring the local systems of customary
land tenure from 1921 on wards.
29 Ibid.,20th Meeting.p 115
30 Olengurumwa,Op.cit., p 10
31 Blomley,K. (2004).Unsettling The City, Urban Land and the Politics on Property.
32Tenga, R.(1991).“Tanzania Land Law, A Paper Presented in Proceedings of Arusha Workshop
on land Policy” August 27-29 -1991.
14
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.33
It is not at all surprising that resource-based conflicts should constitute one of the
major development challenges in Tanzania. 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 characterized by conflicts emanating from competition for natural
resources34
Babiker 35 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.
According to Helland,36 Land tenure systems must be linked to a number of
organizational features (social, political, economic) of pastoral society; on the
other hand land tenure arrangements are also assumed to have evolved in
response to the nature of the resources involved. The main contemporary
problem in Ethiopian pastoral societies, however, is that various indigenous
forms of tenure that no doubt evolved as indicated above now are increasingly
subordinated to unitary national land tenure legislation
33 Babiker, M. (2007), Fighting For Inclusions Conflicts Among Pastoralists in Eastern Africa and the Horn.
pp 94-95.
34 Michele, Nori. Jason Switzer and Alec Crawford (undated). Herding on the Brink: Towards a Global
Survey of Pastoral Communities and Conflict. (An Occasional Working Paper from the IUCN
Commission on Environmental, Economic and Social Policy)
35 Babiker., Op.cit., pp 103-104.
36 Helland,J.(2006), “Pastoral Land Tenure in Ethiopia.p 3.
15
3.10 Overlapping of laws
Olenasha37 articulates that, the WCA is in conflict with the VLA and LGA when it
comes to the administration of village land. Village Councils upon being
incorporated have given powers of management of village lands for and on
behalf of villagers. According to the LGA38 one of the functions of the Village
Council is to ‘initiate and undertake any tasks, venture or enterprise designed to
ensure the welfare and well-being of the residents of village and participate by
way of partnership or any other way, in economic enterprises with other Village
Councils.
The VLA has placed village lands under the administration of Village Councils.
The WCA has on the other had placed powers of control and administration of
wildlife under the Director of Wildlife. The Director has sweeping powers in
issuing hunting licenses. Game Controlled Areas (GCA’s) is one category of
protected areas where the Director has sweeping powers over GCA’s also
happen at the same time to be village lands. The Director has powers to give
hunting licenses for wildlife in village lands. Hunters are not required to get the
consent of Village Councils. This will outright be in contradiction with the powers
that Village Councils have been given under the provisions of the WCA and LGA.
Sanna Ojalammi39 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.
37 Olenasha, W. (2006), “Reforming Land Tenure in Tanzania: For Whose Benefit?”p 31
37 Section 142(2)
38 Ojalammi, S. (2005), Contested Land Disputes in Semi Arid Parts of Northern Tanzania, pp 90-10 see
also Olengurumwa ,P(2009),”Resorce baesd conflict in Nothern Tanzania;The case of Maasai and Sonjo
of Ngongorongoro”,p 53.
16
Sourcen.Sanna Ojalammi
Mr. Nelson of Sand County Foundation presented an apparent contradiction in
the legislation with respect to Game Controlled Areas and village lands. Game
Maasai Pastoralists grazing livestocks in Loliondo Division. This reveals main activities of
people living in Loliondo and the way they coexist with environment.
Sourcen.Sanna Ojalammi
17
Controlled Areas are created by the Wildlife Conservation Act40 and according to
the Land Act is therefore included under the definition of reserved lands41. 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. Stolla42 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. Mtwale says one factor that brings
about land conflict, is the existence of numerous pieces of legislation controlling
deferent land resources. 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.
43
This study shows the multi-legal situation in Tanzania where land and resource
property has accommodated notions of private, common/collective or granted
rights in land ownership. The Wildlife Conservation Act does not define a gamecontrolled
area, and its provisions thereon are not very illuminating as regards
the status of persons who live within these areas.The Act merely provides that
the Minister may, by order in the Gazette declare any area of Mainland Tanzania
to be a game controlled area, and then places certain restrictions aimed at
40 The Wildlife Conservation Act 1974(R.E.2002)
41
Report on a Workshop on Land & Natural Resources Laws & Policies, Held in Arusha April 11 & 12,
2002
42
Peter, Stolla. (2005). “A Comparative Analysis of The Land Acts of 1999 and
The Land Ordinance 1923
40Mtwale., Op cit.
44Section 6
45
Section 11
46
Act No. 5 of 1999
18
ensuring that animals are not trapped, wounded or killed. Such is the ambiguity
about the import of these provisions that one hears claims among certain groups
in Loliondo that the local people have no rights to the land on which they live.
On the other hand, villagers in the area have applied for and obtained
certificates of village land under the Village Land Act Nevertheless, the multiple,
policy, legal and institutional mandates of the Land Act, the Village Land Act and
the Wildlife Conservation Act combined with the government’s aggressive pursuit
of foreign investments in the wildlife sector add to the sense of insecurity and
uncertainty that surrounds pastoral land rights in Tanzania, and this is one of
the key factors engender resource-related conflicts in the area. Recently
Serengeti National Parks (SENAPA) in collaboration with land surveyors from
land ministry mercilessly grabbed the richest part of Ololosokwan Village
pretending that they are adjusting parks borders. While the village certificate of
ownership from the same ministry shows those areas belongs to the village.
Mtwale44 discussed the work of Juma and Maganga on local resource
management at Mbarali District in irrigated areas noted that water utilization
(control and regulation) Act of 1979 and other piece of legislation that they have
become source of land use conflicts, it is therefore questionable whether or not
system that ignore customary laws over resource, appeal to people and will be
implementable, because those who were protected by customary law will not
secure protection under new legal system.
The National Land Policy does not 'recognize, clarify, and secure in law'
customary land Rights vs the wildlife conservation strategy predicated on the
state's allocation of customary lands. On the contrary, it enables further
dispossession of rural communities' lands. For example, the Land Policy
recognizes overlapping and sometimes conflicting land uses, including wildlife
use, in many districts such as Kiteto, Monduli and Ngorongoro. 'Some of the
game controlled areas are critical habitats for wildlife and also form wildlife
migration routes .Those areas have serious land use conflicts and dispute.
44 Mtwale.Op.cit ,p. 19
19
In Tanzania we have Environmental Managements Act of 2004 which works
simultaneously with Environmental sector Policy and Legislations like Forest law,
Mining, Wildlife, Agriculture and Land laws. Therefore to avoid overlapping of any
kind, all these laws must be properly implemented. This was recently manifested
where the Deputy Minister for Natural Resources and Tourism under the coercive
force of International environmental law insisted that we have to see people
around Ngorongoro crater evicted to avoid threats from UNESCO.
45
45 Olengurumwa. ,Op.cit .,p 63
20
4.0 Conclusion
s time goes on, the question of pastoral land tenure remains to be a history.
Many land laws reforms have been made since colonial time through
independence up to now, without any positive concern to improve pastoral land
tenure. Tanzania 1990’s land laws reforms have been noted to have negative implication
on pastoral land tenure. Pastoralism needs a vast chunk of land to practice rotational
grazing. The new land is silent on the question of pastoral land rights. The pastoral
livelihood and lifestyle have been forced to change to meet the requirement of the new
land laws. Copping mechanism like migrations to cities and economic diversification
have been the best options for pastoralist to secure their lives. Pastoralist land has been
named as No man’s land and categorized into group of general land. Encroachment of
the pastoral lands to allow huge investment and expansions of the protected areas has
been and order of the day and leave pastoralist as internally displaced people. The
National Land Policy condemns pastoralist as unfriendly to environment. The given
process of certification of the village land by the new land laws to secure their village
lands is cumbersome, prohibitive and bureaucratic.
5.0 Recommendations
The 1990’s Land Law Reforms are the most far-reaching land reform projects
implemented in Tanzania. However, the reforms have been most of the time condemned
to be in disfavor of pastoral community. Therefore, the following recommendations are
put forward to adjust the situation.
1. Because Land is the overwhelmingly most important, valuable and scarce
capital asset for pastoralism to flourish, the new land laws should be amended
to address the question of pastoral land tenure.
2. The state and policy makers should understand that pastoralists need a vast chunk of
land to secure their lives against tremendous increase of global climate change.
3. In any case there is no logic in having General Land in Village land. This will
be double categorization and it will invite collision of jurisdictions. Therefore,
the land Laws should be amended to address the question of inclusion of
unused village land into general. The so called unused land, to pastoralist in
real sense is not unused land but it is question of rotational grazing.
A
21
4. Village certification process should be removed from the administration of
commissioner for land and handled it under district or regional administration
to reduce bureaucracy and unnecessary expenses.
5. The retention of the radical title is the land tenure is a serious anomaly. For
complete democracy to be effected, the radical title should be divested.
6. The government should take all necessary initiatives to implement all
recommendation related to pastoral land tenure given by Presidential
commission on land matters.
22
6.0 REFFERENCES
Books
Melamari, L. (1995), “The need for a community–based conservation Policy in
Tanzania: TANAPA’s perspective” In Rihoy, E (1995), The commons
without the tragedy: Strategies for CBNRM in Southern Africa. SADC.
Lavigne, P. (1998), Rural land and Tenure, Renewable Resources and
Development in Africa, Paris WTCU, Lilongwe.
Babiker, et al. (Ed). (2007),Fighting for Inclusion Conflicts among Pastoralists
in Eastern Africa and the Horn. Development Policy Management, Nairobi.
Kratli, S. & Swift, J. (1999).Understanding and Managing Pastoral Conflict in Kenya:
A Literature Review. IDS University of Sussex.
Mtwale, A. (2002),Conflicts Between Farmers and Pastoralists over Land Use. A
Case Study of Kilosa District. University of Dar es salaam.
Peter, M & Mwakaje, S. (2004),Investment in Tanzania: Some Issues Some
Comments.Dar es Salaam: Friedrich Ebert Stifstung & University of Dar es
Salaam Department of International Law.
Shivji, and Kapinga. (1988),The Land and Maasai Rights in Ngorongoro
Tanzania: Haki Ardlhi, Da es Salaam.
Potkanski, T (1997), 'Pastoral Economy, Property Rights and Traditional
Mutual Assistance Mechanisms among the Ngorongoro and Salei
Maasai of Tanzania', Pastoral Land Tenure Series Monograph 2, IIED,
London.
Scoones,I (ed.) (1995),'Living With Uncertainty:New Directions in Pastoral Dev
elopement in Africa', Intermediate Technology Publications/IIED,London.
Mustafa, K (1997), 'Evicton of Pastoralist from the Mkomazi Game Reserve in
Tanzania: An Historical Review', Pastoral Land Tenure Series, No. 8, IIED,
London.
Lane, C.R and Moorehead, R (1994), 'Who Should Own the Range? New
Thinking on Pastoral Resource Tenure in Drylands Africa', Pastoral
Land Tenure Series, No. 3, IIED, London.
23
Kaare, T.B (1996), 'The Tanzania National Land Policy: Reflections on Some
of its Probable Consequences on the Pastoral and Hunter-Gatherer
Communities', Institute of Finance Management, Dar es Salaam,
(mimeo).
Reports and Unpolished Works/Dissertations
Brockington, D. (1998),”Land Loss and Livestork.The Effect of Eviction of
Pastoralist Moved from Mkomazi Game Reserve,” Tanzania: PhD.
Thesis, University College.
Brehony, E. Draft Report on Efforts to Resolve Conflicts between the
Sonjo and Loita Session of the Maasai: Embassy of Ireland
(2004/2005), Arusha. .
NGONET. (2008), A Report of a Consultancy Commissioned Jointly by ERETO
Ngorongoro Pastoralist Project (ERETO-NPP) and the Ngorongoro
LocalGovernment and Managed by Ngorongoro NGO Network
(NGONET), Arusha.
Olengurumwa, P. (2009).”Resource Based Conflicts in Northern Tanzania: The Case
of Sonjo and Maasai of Ngorongoro”LLB Dissertation, University of
Dar es Salaam.
____________(2009)“Untold Stories of the Ngorongoro District”, Paper
Presented During the Marking of Human Rights Day On 12TH
December, University Of Dar Es Salaam.
PINGO’S. (2004), The conflict between Loita Maasai and the Batemi in Loliondo
and Sale Divisions: A Report of the Fact Finding Mission on 21st July to
1stAugust 2004, Arusha.
____________Report on a Workshop on Land & Natural Resources
Laws & Policies, Held in Arusha April 11 & 12, 2002.Arusha.
Olenasha, William. (2008) “.Resource Based Conflicts in Ngorongoro District”: A
Draft Report, Arusha.
____________(2006), “Reforming Land Tenure In Tanzania: For Whose Benefit?”
24
Michele, N.et al. (undated). Herding on the Brink: Towards a Global Survey of
Pastoral Communities and Conflict. (An Occasional Working Paper
from the IUCN Commission on Environmental, Economic and
Social Policy
Helland,J.(2006) “Pastoral Land Tenure in Ethiopia”; Chr. Michelsen Institute,
Bergen, Norway.

UNTOLD STORY OF THE NGORONGORO DISTRICT

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
December, 2009



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[1]. 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.[2]

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.[3]

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.[4]
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.[5]

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;[6]
“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[7].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.[8]

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.[9]

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," [10]

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.[11]







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. [12] The situation is further complicated by the multiplicity of policy, legal and institutional mandates surrounding the Loliondo Game Controlled Area.
Babiker [13] 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.[14]

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[15]

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.[16] 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 [17]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).[18] 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[19] and Arthur Convention[20] provide against respectively In reference to the Ramsar Site Convention 1971[21] 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.[22] 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[23]

Chachage and Shivji (2001) [24]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[25] 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[26] 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[27] 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[28], and according to the Land Act is therefore included under the definition of reserved lands.[29] 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.[30] 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)[31]

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.[32]

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.[33] The MP gave a time the parliament to come out with answers on 14 allegations of human rights in Lolindo[34]

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[35] 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.[36]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[37] 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

Conclusion
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.







REFFERENCES
Books

Melamari, L. (1995). “The need for a community–based conservation Policy in Tanzania: TANAPA’s perspective” In Rihoy, E (1995), The commons without the tragedy: Strategies for CBNRM in Southern Africa. SADC.
Lavigne, P. (1998) .Rural land and Tenure, Renewable Resources and Development in Africa, Paris WTCU, Lilongwe.
Babiker, et al. (Ed).(2007).Fighting for Inclusion Conflicts among Pastoralists in Eastern Africa and the Horn. Development Policy Management, Nairobi.
Kratli, S. & Swift, J. (1999). Understanding and Managing Pastoral Conflict in Kenya: A Literature Review. IDS University of Sussex.
Mtwale, A. (2002).Conflicts Between Farmers and Pastoralists Over
Land Use. A Case Study of Kilosa District. University of Dar es salaam.
Peter, M & Mwakaje, S. (2004).Investment in Tanzania: Some Issues Some
Comments.Dar es Salaam: Friedrich Ebert Stifstung & University of Dar es Salaam Department of International Law
Shivji, and Kapinga. (1988).The Land and Maasai Rights in Ngorongoro Tanzania: Haki Ardlhi,Da es Salaam.

Reports and Unpolished Works/Dissertations

Brockington, D. (1998) Land Loss and Livestork.The Effect of Eviction
of Pastoralist Moved from Mkomazi Game Reserve,
Tanzania: PhD. Thesis, University College.

Brehony, E. Draft Report on Efforts to Resolve Conflicts between the
Sonjo and Loita Session of the Maasai: Embassy of Ireland
(2004/2005), Arusha.
FEMACT Network (2009).Loliondo Findings.

NGONET. (2008).A Report of a Consultancy Commissioned Jointly by ERETO
Ngorongoro Pastoralist Project (ERETO-NPP) and the Ngorongoro LocalGovernment and Managed by Ngorongoro NGO Network
(NGONET),Arusha.
Olengurumwa P. (2009).Resource Based Conflicts in Northern Tanzania: The Case of Sonjo and Masaai of Ngorongoro.LLB Dissertation, University of Dar es Salaam.
PINGO’S. (2004). The conflict between Loita Maasai and the Batemi in
Loliondo and Sale Divisions: A Report of the Fact Finding Mission on
21st July to 1stAugust 2004, Arusha.
_________ Report on a Workshop on Land & Natural Resources
Laws & Policies, Held in Arusha April 11 & 12, 2002.Arusha.
Olenasha, William. (2008) .Resource Based Conflicts in Ngorongoro District: A
Draft Report, Arusha.

Michele, N.et al. (undated). Herding on the Brink: Towards a Global Survey of
Pastoral Communities and Conflict. (An Occasional Working Paper from the IUCN Commission on Environmental, Economic and Social Policy.


[1] 1972 Convention Concerning the Protection of Cultural and Natural Heritage Commonly UNESCO Convention.
[2] The Case Ngorongoro Conservation Area Ngorongoro District, Arusha Region
Tanzania, p 2.
[3] NCA Act.

[4] NCA Act, Op.cit.
[5] The Case Of Ngorongoro Conservation Area , Arusha Region
Tanzania. p 6.
[6] The case of Ngorongoro conservation Area, Op.cit.
[7] NCA Act, Op cit.
[8] The Case Of Ngorongoro Conservation Area Ngorongoro District, Arusha Region
Tanzania.p 17.
[9] Ibid,.
[10] The Guardian 5/ 5/ 2009.Ngorongoro crater issue tough – govt.’In a move to save the
Ngorongoro conservation area (NCA) from being struck off Unesco`s list of world heritage sites, the
Government has banned farming inside the area, but admitted that the problem was a complex one.
[11] Olengurumwa P.O (2009) Resource Based Conflict in Northern Tanzania: The case of Sonjo and Masaai of Ngorongoro.p 62
[12] Article 18 of the Constitution of Republic of Tanzania of 1977, as Amended.
[13] Babiker, M .(2007) Fighting For Inclusions Conflicts Among Pastoralists in Eastern Africa and the Horn PP 103-104
[14] Ibid., pp 94-95.
[15] Michele, Nori. Jason Switzer and Alec Crawford (undated). Herding on the Brink: Towards a Global Survey of Pastoral Communities and Conflict. (An Occasional Working Paper from the IUCN Commission on Environmental, Economic and Social Policy)
[16]Olenasha,William.(2008).Conservation versus pastoralism, Natural resource and conservation-related investments versus pastoralism, Farming versus pastoralism, and Pastoralism versus pastoralism
[17] 1992 Rio De Janeiro declaration on Environment and Development.
[18] Mtwale,Op.cit.
[19] 1972 Declaration of the United Nations Conference on the Human Environment (Stockholm Declaration)
[20] 1998 Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters Aarhus Convention, Aarhus.

[21] 1971 Ramsa Site Convention on Wetlands of International Importance, especially as Waterfowl Habitat
[22] Rugemeleza Nshala, ‘Granting Hunting Blocks: the need for reform’, (Sept 1999), posted in the website of Lawyers Environmental Action Team (LEAT), www.leat.or.tz/publications/hunting.blocks/index, accessed 11th October 2008
[23] Village Land Act Part III
[24] Mtwale.Op.cit. pp. 29-40.
[25] Shivji,Issa and Kapinga (1998)
[26] Peter& Mwakaje. (2004) Investment in Tanzania. pp 27-28
[27] Femact Loliondo Findings Report 18th -19 August.p 3.

[28] The Wildlife Conservation Act 1974.
[29] Report on a Workshop on Land & Natural Resources Laws & Policies, Held in Arusha April 11 & 12, 2002
[30] Peter, Stolla. (2005). “A Comparative Analysis of The Land Acts of 1999 and The Land Ordinance 1923
[31] Mtwale.Op.cit
[32] FEM ACT Report.Op cit, p 9
[33] Parliamentary Hansards Report on 17TH Parliamentary Session in 2009.
[34] 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.

[35]Nipashe 8th/12/2009.Loliondo walivyoshudia Ukiukwaji wa Haki za binadamu.
[36] Tarvick and others. Institutions and Resource Curse. Economic Journal (2005).
[37] Ibid.