THE AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS


IN THE MATTER BETWEEN


THE NGO “KIBUNIANS FOR JUSTICE” (KIJU)
AND
THE STATE OF KIBUNIA



MEMORIAL FOR THE RESPONDENT











Summary of the Respondent’s submissions

1. The admissibility of the application
It will be argued that while the African Court on Human and Peoples’ Rights may be empowered to decide on the admissibility of the dispute, it should not elect to do so, but should rather refer the matter to the Commission, which should be regarded as bearing the primary responsibility for deciding upon the admissibility of matters submitted to the Court. It will be argued that if the Court does decide to decide upon the admissibility of the application, it should find the matter inadmissible.

2. Corruption within the public health service
It will be argued, firstly, that this aspect of the application should be found to be inadmissible, and, secondly, that while the existence of corruption within the public health service may constitute an infringement of the complainant’s right to development, the Respondent should not be found to be in breach of its obligations to the complainant.
3. The lack of a comprehensive HIV/AIDS treatment programme
It will be argued, firstly, that the Applicant is not entitled to institute an actio popularis before the African Court; secondly, that the provision of generic ARV medication cannot, at this point in time, be regarded as a “necessary” measure which the Respondent State is obliged to adopt; and, thirdly, that the current lack of provision for ARV medication on the part of the Respondent cannot be regarded as a breach by it of its obligations.

4. The customary rule of primogeniture
It will be argued by the Respondent that the existence of the rule of primogeniture and the recognition given to it by the Respondent (and the Respondent’s failure to take legislative or other appropriate steps to eliminate it) does not constitute a violation on the part of the Respondent of its obligations in terms of the legal instruments to be discussed below. Furthermore, it will be argued that it is not within the proper functions of the Court to consider issues of policy-making or to abolish important sections of the national law of States.
5. Admission to a state orphanage / child care institution
It will be argued on behalf of the Respondent that its refusal to grant Caroline to a state orphanage or other child care institution does not amount to a violation of her rights, nor to non-compliance on the part of the State with its concomitant obligations. In this regard it will be argued that it would be in Caroline’s best interests to be returned to live with her extended family.
1. THE ADMISSIBILITY OF THE APPLICATION

1.1 The Court’s power to rule on admissibility
1.1.1 The Court and the Commission exist in a complementary or supplementary relationship,[1] and both bodies are empowered to actually decide matters on their merits.[2] The Court is empowered to refer matters to the Commission for its finding on admissibility (and not also on merits).[3] In this regard the Court supplements the Commission, with the Commission being tasked with the primary responsibility to decide on the admissibility of cases to the Court. This would be in the interests of efficiency.[4]
1.1.2 Accordingly, it is submitted that the Court should not elect to decide on the admissibility of the dispute, but should rather refer the matter to the Commission for its determination in this regard.

1.2. The admissibility of the matter
1.2.1 Even if the application satisfies both the requirements of Article 6(2) of the Protocol and Article 56 of the Charter, the Court may nevertheless refuse an NGO or individual direct access to the Court[5] by exercising the discretion conferred upon it in terms of Article 5(3) of the Protocol. While one of the important purposes of international adjudicatory bodies is to provide justice to individuals,[6] this should not be regarded as the primary function of the African Court,[7] which should only hear those cases which would allow it to expound on the African Charter and thus guide the development of the domestic law and policy of African nations.[8]
1.2.2 It is submitted that due to the nature and substance of the Applicant’s allegations, this matter cannot be properly dealt with by the African Court. The Applicant alleges the existence of certain wide-spread and systemic problems, obviously bringing the matter before the Court as a “test case.” The matter ought to first be dealt with by the Commission, which is empowered, in terms of Article 58 of the Charter, to conduct an investigation into the actual state of affairs in Kibunia and make a factual report and recommendations thereon.


2. CORRUPTION WITHIN THE PUBLIC HEALTH SERVICE

2.1 The admissibility of the issue
Consideration of this aspect of the application will not allow the Court to fulfil its proper mandate as described above.[9] The Respondent has already taken all possible steps in meeting its obligations under the relevant legal instruments, to be discussed below. It has criminalised the practice of corruption, and the implementation and enforcement of the legislation is naturally limited by budgetary and other resource limitations and constraints.

2.2 The responsibility of the State to observe and protect the right to development, and the problem of corruption.
2.2.1 The right to development[10] is the inalienable human right, vested in the individual, to economic, social, cultural and political development.[11] The process of development to which individuals have a right is essentially one of the progressive realization of the associated social, economic, cultural and political rights, as such rights “cannot be realized immediately and in full because of the constraints on available resources.”[12] Thus states are only burdened with the responsibility to create conditions which are favourable to the realization of the right to development.[13] The measures adopted by the State must be “appropriate,”[14] and must be carried out “with a view to eradicating all social injustices.”[15] Even if the Declaration was legally binding,[16] States would surely not be burdened with the obligation to once and for all eradicate all social injustices. This would be totally unreasonable. The Respondent concedes that the existence of corruption, a form of social injustice, inhibits the realisation of the right to development, but asserts that it has done all that can reasonably be required of it in taking measures to prevent and combat corruption. In particular, with the criminalisation of the acts of corruption defined in the Convention on Corruption, the Respondent has fulfilled its undertaking to condemn and reject acts of corruption[17] and has fulfilled the further aim of the Convention to promote the development of measures to prevent, punish and eradicate corruption.[18] Obviously such development cannot be completed overnight. Thus the Respondent State cannot reasonably be expected to immediately investigate and prosecute every single complaint of corruption which it receives. In the present case it investigated the first complaint received by the Applicant and is currently prosecuting the alleged offender. There is nothing to suggest that the Respondent State will fail to do so in respect of the other complaints when the necessary resources become available.
2.2.3 Accordingly, it is submitted that the Respondent has taken all reasonably practicable and necessary measures to combat and prevent corruption, and that it has therefore acted in accordance with its obligations in terms of Article 22 of the African Charter and in terms of the Convention on Corruption.


3. THE LACK OF A COMPREHENSIVE HIV/AIDS TREATMENT PROGRAMME

3.1 The admissibility of the issue
While anybody, or any NGO, either acting on their own behalf or on behalf of someone else, and thus regardless of whether they are the direct victim of the complaint, may submit an application to the African Court,[19] it is submitted that these generous rules of standing only apply to Applicants bringing applications on behalf of specific individuals or specific groups of identified individuals. In order for a petition to the Inter-American Commission on Human Rights to be admissible, it must mention “concrete, individually identified and distinguished victims.”[20] It is submitted that an actio popularis brought on behalf of the entire AIDS-affected population of Kibunia is too wide in scope to be admissible. The Applicant is not entitled to argue that the state is in breach of its obligations as it has failed to identify the direct victim or victims of such an alleged breach, nor can it argue that the complainant’s deceased mother is representative of any abstract class of victims.

3.2 The Respondent state’s obligations
3.2.1 Article 16(1) of the African Charter provides that “Every individual shall have the right to enjoy the best attainable state of physical and mental health,” while Article 16(2) imposes a positive obligation on the Respondent to “take the necessary measures to protect the health of [its] people and to ensure that they receive medical attention when they are sick.”
3.2.2 In accordance with the African Court’s intended role, Article 16 of the Charter must be interpreted so as to allow for:
- the direct enforcement of the right enshrined in Article 16(1), and for
- the evaluation of the measures undertaken by states to give effect to such right, as contemplated in Article 16(2).
3.2.3 In the light of the South African Constitutional Court’s judgement in Government of the Republic of South Africa v Grootboom,[21] in which it was held that the reasonableness of legislative and other measures adopted by the state in discharging its obligations can be evaluated by a court,[22] the key to the justiciability of socio-economic rights is the standard of reasonableness. Furthermore, the state is only obliged to take steps, within its available resources, to achieve the progressive realisation of the right; thus in Soobramoney v Minister of Health (KwaZulu-Natal),[23] the Constitutional Court held that an unqualified obligation to realise the socio-economic rights contained in ss26 and 27 of the Constitution would not, in the light of the state’s lack of resources, be capable of being fulfilled.[24] In Minister of Health v Treatment Action Campaign[25] the Constitutional Court emphasised that s27(1) of the Constitution, which enshrines the right to health,[26] cannot be read in isolation from s27(2), and does not give rise to a self-standing and independent right enforceable irrespective of the above qualifications. It should be noted that the jurisprudence of the South African Constitutional Court is of considerable persuasive authority to the African Court.[27]
3.2.4 Thus, it must be determined whether the Respondent’s ongoing failure to provide ARV medication to its AIDS-affected population is unreasonable bearing in mind its available resources and the imperative that the right to the best attainable state of health be progressively realised.

3.3 The role of generic fixed-dose combination ARV medication
Fixed-dosed combination (FDC) ARV medication is regarded by many experts as essential to the treatment of AIDS, tuberculosis and malaria, as well as to limiting the development of drug resistant strains of these diseases. From March 29-31 2004, a conference of government officials, representatives of drug regulatory agencies and experts was held in Gaborone, Botswana concerning the scientific and technical principles for the use of generic FDCs in the treatment of AIDS, tuberculosis and malaria. Prior to the conference the US Department of Health and Human Services had called the safety and effectiveness of these drugs into question, as, although approved by the World Health Organization (WHO), they have not been approved by the US Food and Drug Administration. The participants at the conference agreed to formulate a set of principles to be used for evaluating generic FDC ARVs, which has not yet been made available.[28] It is submitted that, pending finalisation of the principles and standards to be used in evaluating FDC medication, it cannot be assumed that generic FDC medication should necessarily form an integral part of a “comprehensive” HIV/AIDS treatment programme, nor is the Respondent in a position to choose between the various generic products which are available. If an inferior product is imported and supplied to the population and then later withdrawn, the serious problems of reduced drug effectiveness and the development of viral drug resistance arise. It is thus submitted that the Respondent state has not acted unreasonably in not yet providing ARVs to its affected population.

3.4 International intellectual property law and the ability of developing countries to obtain generic ARV medication
3.4.1 Under the WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), WTO members have to provide patent protection for pharmaceuticals, and are thus not permitted to allow the manufacture, within their countries, of cheaper generic drugs. However, Article 31 of TRIPS provides for the issuing of compulsory licences which allow the manufacture of a patented product without the consent of the patent holder, provided the conditions set out in sub-articles (a) to (l) are met. At the Doha Ministerial Conference in November 2001, WTO member governments issued the Declaration on the TRIPS Agreement and Public Health,[29] in which it was recognised that Article 31(f) of TRIPS, by limiting use of a product manufactured under compulsory licence to the domestic market of the government which has issued the licence, prevents countries capable of manufacturing a generic pharmaceutical under compulsory licence from exporting it to developing countries unable to manufacture it for themselves, such as Kibunia.[30] However, exporting countries’[31] obligations in this regard have subsequently been waived in terms of the Decision of the General Council of 30 August 2003,[32] and thus these countries are now able to manufacture generic drugs under compulsory licence and export them to an “eligible importing member,” provided that both countries have issued compulsory licences.[33] Furthermore, the importing country’s obligation[34] to pay the patentee for the issue of the compulsory licence is also waived. However, it may still have to pay the manufacturing (ie exporting) country, as the latter’s obligations in this regard are not waived.
3.4.2 In the light of the above discussion it is clear that Kibunia, which possesses no capacity to manufacture ARV medication itself, would not, prior to the above WTO Decision, have been able to obtain generic ARV medication from another country which was able to manufacture the drugs but which was bound by TRIPS.[35] While some developing countries which had not yet introduced patent protection (and which were not, therefore, bound by TRIPS), and which had the necessary manufacturing capacity, such as Brazil and India, could theoretically have supplied the Respondent with generics prior to the Decision, the Respondent[36] would still have been required, when issuing a compulsory licence for its importation, to pay the patentee, in accordance with TRIPS.[37] It would have been unable to afford to do so.
3.4.3 While it may be conceded that it may now be easier for the Respondent to gain access to cheaper generic ARV medications, it is submitted that the Respondent’s failure to date cannot be regarded as a breach of its obligations, for the following reasons:
3.4.3.1 ARV medication is only one aspect of a comprehensive treatment program, and counselling, testing, and psycho social support mechanisms first need to be developed. It is, indeed, critical to the effectiveness of ARV medication and the prevention of viral drug resistance that very strict treatment regimes be followed: thus, not only must patients regularly take the medication at the prescribed times, but, furthermore, a reliable and necessarily sophisticated distribution network must be developed in order to ensure the regular supply of the drugs. Premature importation and provision of the medication before the health care system is adequately developed would in fact, in the long term, be detrimental to the AIDS-affected population, as drug-resistant strains of the disease would develop and spread, making continued treatment less effective and, eventually, possibly ineffective.
3.4.3.2 While the Respondent’s obligation[38] to pay the patentee for the importation of a generic pharmaceutical has been waived by the above Decision, the exporting country’s obligations in this regard have not. All developing countries (including those able to manufacture the generics) have to provide patent protection from 1 January 2005 and thus all manufacturing and exporting countries will be bound by Article 31(h) from this time. It is thus inevitable that the Respondent will have to pay any exporting country after this date. It should be remembered that one of the main sources of donor funding for the provision of ARV medication, the US President’s Emergency Plan for AIDS Relief (PEPFAR), currently favours funding for the provision of patented ARV medications only.[39] This severely limits the quantities of medicine obtainable. In the current climate of uncertainty surrounding these issues it is submitted that it would be inappropriate for the Court to make a finding that the Respondent is in breach of its obligations.


4. THE CUSTOMARY RULE OF PRIMOGENITURE

4.1 Admissibility
It is submitted that the Court is not in a position to dictate policy reform to African countries in the area of customary law, for the reasons proposed in paragraph 4.2.2 below. It is thus submitted that the Court should find this issue inadmissible.

4.2 Justifications for the continued existence and recognition of the rule of primogeniture
4.2.1 It is submitted that although the existence of the practice of primogeniture in the State of Kibunia may constitute a violation of certain rights of the complainant (in particular, her right to equality);
4.2.1.1 the discrimination resulting from the practice is justified by the fact that the heir only acquires the rights of control and administration of the property of the deceased subject to the obligations of the head of the family, one of which is the duty to maintain and support the members of the family. In the South African case of Mthembu v Letsela[40] it was held this consequence of the rule justified the discrimination associated with its operation.[41] Studies have shown that customary law throughout Southern Africa still recognises the concomitant obligation of support placed upon the heir.[42]
4.2.1.2 the Respondent state is, in terms of both its own constitution and in terms the African Charter, obliged to recognise and promote cultural practices.[43] While it may be argued that this obligation is qualified by the obligations imposed upon the State to take appropriate legislative measures to eliminate harmful practices and all forms of discrimination against women,[44] it is submitted that it is not within the competency of the African Court to judge the appropriateness of the measures adopted by the Respondent in this regard, as this can only be determined by gauging public opinion and practice with the country itself.
4.2.2 It is submitted that any investigation into the issue of whether this rule of customary law should be regarded as acceptable or not should not be undertaken by a court (especially a supra-national court), but rather by a body specifically tasked with making policy recommendations to Legislatures based upon investigation and public consultation. Both the Zimbabwean Supreme Court[45] and the South African High Court and Supreme Court[46] have held that matters of legal reform are best left to the legislature. The South African Law Commission has recognised that this is the only way to give effect to the twin imperatives of the need for urgent investigation into the acceptability of the practice, and the need for proper consultation with all interested parties.[47] Any proposed reform of the customary law is, according to the Law Commission, a “sensitive legislative experiment,”[48] and cannot thus be undertaken by a Court. Furthermore, the practice cannot simply be excised from customary law (that is, with a court order) as it is inextricably related with the African concept of family and kinship.[49] The removal of one of the important principles of customary law, without a comprehensive investigation into the needs of the people which have been subject to it for centuries, would serve to place the entire system of customary law in jeopardy.
4.2.3 While the High Court of South Africa has held that the application of the principle in the context of “black” intestate succession is unconstitutional,[50] this order is yet to be confirmed by the South African Constitutional Court. While the judgement of the Constitutional Court is yet to be delivered, it appears from media reports that at the initial hearings[51] the Court was particularly concerned about the effects of the order sought and its potential to undermine the importance of customary law.[52] In particular, Ngcobo JA is reported to have stated that it would be inappropriate for a Court “to get rid of a justice system with the stroke of a pen.”[53]




5. ADMISSION TO A STATE ORPHANAGE / CHILD CARE INSTITUTION

5.1 Parents, guardians or “other persons responsible for the child” have the primary responsibility to care for the child.[54] This is a consequence of the recognition[55] that children should grow up in a family environment of happiness, love and understanding. Thus, the Respondent is obliged to protect and support the family as “the natural unit and basis of society.”[56]
5.2 In all actions concerning the child, the child’s best interests are “the” or “a” primary consideration.[57] The child has a right to have his or her best interests taken into consideration.[58] While the child’s own views must be taken into account in the determination of his or her best interests,[59] they are not necessarily decisive,[60] and the degree of importance to be attached to them depends upon his or her age, maturity, and emotional or psychological status. Thus is should be borne in mind that Caroline is clearly suffering from emotional and psychological distress after the recent death of her mother and understandably feels uncomfortable in the environment of an extended family with other children who have not lost their parents. It is submitted that with counselling she will be able to overcome the psychological and emotional trauma caused by the death of her mother and adjust to life in her extended family. It should also be recognised that it would be in her best interests to remain with her sister, Nicole, as it has been observed that a factor which contributes to psychological trauma is the separation of orphans from their siblings, as siblings are likely to depend heavily upon each other for emotional support.[61] There is no indication of any maltreatment, abuse, or neglect on the part of Caroline’s uncle or the extended family. Caroline is, regrettably, far more likely to suffer abuse, maltreatment and neglect at one of the few orphanages established in Kibunia. Orphanages are typically overcrowded and unable to provide the “family” environment to which orphans are entitled due to a lack of resources available to care for the huge, and increasing, numbers of AIDS orphans.[62] Thus, UNICEF’s official policy is that the institutionalised care of orphans is not an appropriate option,[63] and UNICEF-supported programs avoid solutions that separate children from their families.[64] Resources should rather be spent on strengthening the ability of families and communities to care for orphaned children.
5.3 Even if Caroline were admitted to an orphanage, there is no guarantee that she will be able or willing to remain there, bearing in mind the likelihood of abuse and neglect.
5.4 Furthermore, Caroline has duties towards her family,[65] bearing in mind the central place and importance of the extended family in African cultural and social life.

The Respondent thus prays that the above honourable Court decline to grant the orders and/or relief sought by the Applicant.

TABLE OF AUTHORITIES

African Charter on Human and Peoples’ Rights

African Charter on the Rights and Welfare of the Child

Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)

AU Convention on the Prevention and Combating of Corruption

Constitution of the Republic of South Africa Act 108 of 1996

Convention on the Elimination of All Forms of Discrimination Against Women

Convention on the Rights of the Child

Decision of the General Council of the WTO of 30 August 2003 concerning the Implementation of paragraph 6 of the Doha Declaration on the TRIPS Agreement and public health

Doha Declaration on the TRIPS Agreement and public health

UN Declaration on the Right to Development (UN General Assembly Resolution 41/128)

Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights
____________________________________________________________________________________________

Africa Action (Washington DC) Press Release, April 6 2004. Available from http://allafrica.com/stories/200404060695.html

Archibald, Sally “Customary Law Challenged in Concourt” iafrica.com news; SAPA. Wed 14 April 2004. http://iafrica.com/news/sa/307010.htm

Bowman, Cynthia Grant and Kuenyehia, Akua Women and Law in Sub-Saharan Africa. Accra: Sedco Publishing, 2003

Collins, Tara and Pearson, Senator Landon “What does the “best interests of the child” mean?” Discussion Paper of the Senate of Canada, Office of the Personal Representative of the Prime Minister to the UN Special Session on Children. http://www.sen.parl.gc.ca/lpearson/htmfiles/hill/17_htm_files/ Committee-e/Tara-ABestInterests.pdf

De Waal J, Currie I and Erasmus, G The Bill of Rights Handbook Landsdowne: Juta, 2001

“Guidelines for Submission of Communications” Information Sheet 2, Published by the Secretariat of the African Commission; http://www.achpr.org/english/information_sheets/ACHPR inf. sheet no.2.doc

Harrington, Julia “The African Court on Human and Peoples’ Rights” In Evans, Malcolm, and Murray, Rachel, eds. The African Charter on Human and Peoples’ Rights: The System in Practice, 1986-2000. Cambridge: CUP, 2002

“HHS Proposes Rapid Process For Review of Fixed Dose Combination and Co-Packaged Products”
http://www.hhs.gov/news/press/2004pres/20040516.html

Human Rights Watch “In the Shadow of Death: HIV/AIDS and Children’s Rights in Kenya.” (2001) Human Rights Watch, Children’s Division June 2001, Vol. 13, No. 4(A) report available from http://www.hrw.org/reports/2001/kenya/kenya0701.PDF

“Joint statement issued regarding principles for fixed-dose combination drug products.” http://www.hhs.gov/news/press/2004pres/20040408b.html

Mutua, Makau “The African Human Rights System: A Critical Evaluation” 28. UN Development Program: http://hdr.undp.org/docs/publications/background_papers/MUTUA.PDF
Piron, Laure-Hélène “The Right to Development: A Review of the Current State of the Debate for the Department for International Development – Annexes.” http://www.odi.org.uk/pppg/publications\papers_reports\dfid\issues\rights\right_to_dev_Annex.pdf

Sengupta, Arjun “Development Cooperation and the Right to Development.” (2003) . Paper prepared for the François-Xavier Bagnoud Center for Health and Human Rights, Harvard School of Public Health.. http://www.hsph.harvard.edu/fxbcenter/FXBC_WP12--Sengupta.pdf

Themba et al in Ncube & Stewart (eds) Widowhood, Inheritance Law, Customs and Practices in Southern Africa. (1995) WLSA Harare

Thomas, Nigel & O’Kane, Claire “When children’s wishes and feelings clash with their ‘best interests.’” In The International Journal of Children’s Rights 6: 137-154, 1998, p. 137.

Udombana Nsongurua J. “The African Regional Human Rights Court: Modelling its Rules of Procedure” (2002) 107 www.humanrights.dk/upload/application/b61a7401/ udombana_-_african_human_rights_court.pdf

South African Law Commission Discussion Paper 93. http://www.law.wits.ac.za/salc/discussn/paper93sum.html

Summary of Discussion Paper 93, Project 90, August 2000; http://wwwserver.law.wits.ac.za/salc/discussn/paper93sum.html

UNICEF Fact Sheet: “Orphans and other children affected by HIV / AIDS” United Nations Children’s Fund (UNICEF), New York, 2002. http://www.unicef.org/publications/pub_factsheet_orphan_en.pdf

UNICEF: “Family environment and parental guidance” http://www.unicef.org/crc/bg019.htm



Bhe and others v The Magistrate, Khayelitsha and others; unreported judgement of the CPD. Case 9489/02

Government of the Republic of South Africa v Grootboom 2001 (1) SA 46 (CC)

Magaya v Magaya 1991 (1) Zimbabwe Law Reports (100)

Minister of Health v Treatment Action Campaign 2002 (5) SA 721 (CC)

Mthembu v Letsela 1997 (2) SA 936 (T)

Soobramoney v Minister of Health (KwaZulu-Natal) 1998 (1) SA 765 (CC)

IACHR, Case 12.404. Report Nº 51/02 (Peru)

IACHR Petition 453/01 Report Nº 92/03 (Venezuela)


[1] Art.8 of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (“the Protocol”), and Rule 81 of its Rules of Procedure respectively
[2] Rule 81(c)
[3] Rule 81(b)
[4] Harrington (2002) 332; Udombana (2002) 107
[5] Mutua 28.
[6] Ibid.
[7] Ibid.
[8] Ibid., 33
[9] para 1.2.1
[10] Art.22 of the African Charter
[11] UN Declaration on the Right to Development Art.1(1); Sengupta (2003) 3.
[12] Sengupta op cit 2.
[13] Art.3 of the Declaration
[14] Arts. 2(3) and (8) of the Declaration
[15] Art.8
[16] As a UN General Assembly resolution, the Declaration is a non-binding legal pronouncement. See Piron.
[17] Art.3(5)
[18] Art.2(1)
[19] African Commission’s “Guidelines for the Submission of Communications,” Mutua op cit 17
[20] IACHR, Case 12.404. Report Nº 51/02 (Peru) quoted in IACHR Petition 453/01 Report Nº 92/03 (Venezuela)
[21] 2001 (1) SA 46 (CC)
[22] paras 41-42
[23] 1998 (1) SA 765 (CC)
[24] para 11
[25] 2002 (5) SA 721 (CC)
[26] see fn38 supra
[27] Mutua op cit 34
[28] “Joint statement issued regarding principles for fixed-dose combination drug products” US Department of Health and Human Services (HSS)
[29] WT/MIN(01)/DEC/2
[30] Para6 of the Decision
[31] ie., those which are bound by TRIPS
[32] Available online : http://www.wto.org/english/tratop_e/trips_e/implem_para6_e.htm
[33] Para 2.
[34] In terms of Art.31(h) of TRIPS
[35] In particular, Art.31(f)
[36] The Respondent has provided patent protection for Nivirapine; it must be assumed that other ARVs, including FDC ARVs, have also been patented. Alternatively, all references to generic ARVs must be interpreted as references to generic Nivirapine.
[37] Art31(h)
[38] Art31(h)
[39] Africa Action (Washington DC) Press Release, April 6 2004. The HHS has recently proposed an “expedited review process” for PEPFAR, and manufacturers of both brand-name and generic drugs have been urged to “work with [the] FDA and submit applications.” See “HHS Proposes Rapid Process For Review of Fixed Dose Combination and Co-Packaged Products” May 16, 2004
[40] 1997 (2) SA 936 (T)
[41] 945E-F
[42] SALC Discussion Paper 93 at 50. The SALC refers to the results of a study conducted by an NGO, the Women and Law in Southern Africa Research Trust in 6 southern African countries, reported in Themba et al in Ncube & Stewart (eds) (1995)
[43] Art.17
[44] Article 2 of the Convention on the Elimination of All Forms of Discrimination Against Women and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa
[45] in Magaya v Magaya 1991 (1) Zimbabwe Law Reports (100), in Bowman and Kuenyehia (2003) 189 et seq
[46] in the Mthembu matter; 1998 (2) SA 675 at 686F-G ; 2000 (3) SA 867 (SCA)
[47] SALC Discussion Paper 93 para 1.4.5 and 1.4.6. It should be noted that this project was undertaken by the SALC after the Customary Law of Succession Amendment Bill (1998) was withdrawn after strong opposition from traditional leaders. (x-xi). The Bill has not yet been re-introduced.
[48] Summary of Discussion Paper 93, Project 90
[49] SALC Discussion Paper 93, para 1.2.2
[50] Bhe and others v The Magistrate, Khayelitsha and others; unreported judgement of the CPD; order 307 (25 September 2003)
[51] 2 and 3 March 2004; CCT49/03
[52] Archibald “Customary Law Challenged in Concourt”
[53] ibid.
[54] Convention on the Rights of the Child (CRC) Art.18(1), African Charter on the Rights and Welfare of the Child (ACRWC) Art.20
[55] in the preambles to both the CRC and the ACRWC
[56] ACRWCArt 18(1)
[57] ACRWCArt.4; CRC Art.3 respectively
[58] Mininster of Welfare and Population Development v Fitzpatrick 2000 (3) SA 422 (CC) para 17
[59] ACRWCArt.4(2); CRC Art.12
[60] Thomas and O’Kane (1998) in Collins and Pearson.
[61] HRW report, 17
[62] HRW report, 26; UNICEF: “Family environment and parental guidance”
[63] UNICEF Fact Sheet: “Orphans and other children affected by HIV / AIDS” 2002.
[64] Ibid.
[65] African Charter Art27(1) and 29(1); ACRWC Art 30

RE: REQUEST FOR SPONSORSHIP TO FACILITATE ORGANISATION OF THE WORKSHOP ON THE FUTURE OF THE PASTORALIST SOCIETIES IN TANZANIA TO BE HELD ON 1/4/2007 AT………………………………

INTRODUCTION

ABOUT OSOTWA

OSOTWA is a civil society, non-profit making organization, non- political, academic and professional society of the University of Dar Es Salaam catering for interests of students of pastoralist background. It is registered and recognized in and out of University of Dar Es Salaam. Pursuant to its constitution, the organisation’s mission to build and share the spirit of Unity, anti-poverty, knowledge, creativity, charity to its members, and students of other high learning institutions who will subsequently impart such attitude and knowledge to the rest of the society.
OUR VISION
Building a pastoralist society with high degree of integrity.
OUR MISSION
Raising anti-poverty spirit and promote awareness and unity among students and other prominent individuals and impart it onto the pastoralist societies at large.
OUR GOALS/OBJECTIVES
In pursuance of the provisions of OSOTWA constitution our objectives are:-
1) To strive resolve social, economic, and academic problems facing its members;
2) Strive to promote unity among people of pastoralist’s origin in order to stamp-out social, economic, academic and cultural problems commonly facing pastoralist societies;
3) Holding consultation with prominent individuals, NGO’s operating in pastoralist areas, Government institutions and other public entities engaged in poverty alleviation and rural development in order to chart out strategies to effectively deal with common problems facing pastoralist societies.


PROPOSED WORKSHOP ON THE FATE OF PASTORALIST SOCIETIES IN TANZANIA

The past and current trend of development show that, the pastoralist societies have been facing difficulties due to failure to cope with modernisation, globalisation as well as modern state national policies. As the result pastoralist societies have remained observers developments taking place in the world.

The most difficult challenges facing the pastoralist societies are poverty, ignorance and diseases. Members of OSOTWA society being part the enlightened amongst the pastoralists have been concern over the difficulties facing the society. Its our desire as intellectuals to search for possible solutions as well as share our ideas and vision the rest other professionals and the rest of the society with the objective of providing a lasting solution to common problems experienced by the pastoralist societies.

In view of this OSOTWA is organizing a workshop that will bring together various professionals, policy makers, community and social development experts and key decision makers in the government system to present, discuss and find appropriate solutions to assist pastoralist societies to cope with modern lifestyles and environmental changes in order to promote development among them.

THEME
The proposed workshop theme is “the fate and future of pastoralist societies in Tanzania“
Planned activities during the workshop include:
1) Paper presentation by students and other invitees;
2) Panel discussion after presentation ;
3) Fund rising.


Main objectives

The objective of the workshop is to discuss the following agenda after presentation.

1). How the current trends of development including globalisation, national and environmental policies (in particular land and urbanisation policies) affect pastoralist societies;
2). Effects of increasing urbanisation of young pastoralists on traditional economic engagements and HIV and AIDS pandemic.

Benefit to OSOTWA
- To provide an ideal platform for Osotwa members and other sympathisers to air their views and ideas on the fate of the pastoralist societies;
- To sensitise the society and the government on the role played by OSOTWA in socio-economic development of pastoralist societies and their contribution to national development initiatives;
- To provide a forum for interaction between students and other members of the society thus bridging the gap between them and promote collaboration and knowledge sharing on how to improve the environment in order to reduce the pace of urbanisation of the pastoralists.

Benefit to the Sponsor/Participant
- Win fraternal relations with OSOTWA and other participants
- To demonstrate spirit of corporate social responsibility of the sponsor;
- You will be playing your role of poverty alleviation by implementing various policies like MKUKUTA, MAISHA BORA KWA KILA MTANZANIA, ELIMU KWA WOTE AND VITA DHIDI YA MARADHI (HIV and AIDS; MALARIA AND TB)

In view of the potential benefits the Workshop will to the nation, OSOTWA requests your kind support to make the event a success. Support can be in the form of financial resources or other materials or services that can facilitate achievement of the workshop objectives. It will be highly appreciated if your commitment can be fulfilled before 20th March 2007.

TENTATIVE BUDGET REQUIREMENTS

NO
Item
Participants
Budget Shs.
1
Hall hire

300,000
2
Transport (To and From)

150,000
3
Stationery
(Postal and Publication)

50,000
4
Media coverage

100,000
5
Mills and soft drinks
150 people
900,000
6
Caution budget

100,000











Total

1,600,000

For clarification or advice on where to deposit your contribution please contact of the following members of the Society:
1. Onesmo P. Olengurumwa 0713 – 082228 - Chairman
2. Beth Sanare 0717 – 419924 - Vice Chairperson
3. Simon Olemegaro 0713 - 680652 - General Secretary
4. Esta Piniel 0784907128 - Treasure

In anticipation of your kind consideration and support, we thank you.

Presented by, Approved/Assented by,
OSOTWA executive leaders ………………………………….
On behalf of OSOTWA members. Goodluck J.S. Ole-Medeye (MA, MBA)
OSOTWA Patron
P. Olengurumwa chairman OSOTWA .

RESEARCH

PROPOSAL

ON

MASSIVE INCREASE OF MASAI YOUTH (MORANS)

IN

TOWNS AND CITIES



INTRODUCTION

ABOUT OSOTWA

OSOTWA is a Pastoral students association, is a student run organization, non-profit making organization, non- political and professional society of the University of Dar es Salaam. It is registered and recognized in and out of University of Dar es Salaam. It is a constitutionally built organization with the aim of imparting spirit of Unity anti-poverty, skills, creativity, charity to its members, students of other high learning institutions who will subsequently spread those attitude and skills to the rest of the society.

OUR VISION

Building a pastoralist society with demonstrated integrity.

OUR MISSION
Racing ant-poverty sprit and promote awareness and unity among students and other prominent individuals and import it to the pastoral societies as whole.


OUR GOALS/OBJECTIVES
Among others as provided by OSOTWA constitution are:-

1) Solving social, economic, and academic problems facing its members
2) Strive to promote unity among people of Pastoralists origin so as to find better solution of all social, economic, academic and cultural problems commonly facing Pastoralists society.
3) Making consultation with Prominent individuals, NGO’s operating in pastoral areas, Government Pastorals and other institutions with the role of poverty alleviation and rural development to see on how we can address those common problems in the pastoral societies.

Our function
Among others, our function care
- To link high learning students hading from pastoral areas and other potential individual and professionals with the same visions.
- To initiate sponsors or undertake activities for the benefit of its members and society at large.
- To invite distinguished personalities
Personalities such as academic professionals and social dignitaries to interact with the OSOTWA members in various ways according to students by laws.

Therefore by virtue of the whole above, the OSOTWA is proudly to acknowledge you/your good office/company/society/NG’O’S that it intends to conduct a research on the massive increase of masai youth in Towns and Cities.

Research prescription
This proposal aims to facilitate the accomplishment of the research and success of the same.

Goals of the Research
-To reduce the level of poverty, ignorance in pastoral societies by providing good results of a well (researched) problem of which after evaluation better solutions will be obtained.

- To remedy the problems resulted from massive increase
Research objectives/statement of need

General the OSOTWA members aims/expect to make an outreach purposely to make a research on the following areas relevant to a formational research title.

(i) Reasons behind, massive increase of masai youth in cities and TOWAS being pulling and pushing factors.
(ii) Types of activities mainly they do to make their life sustainable.

Examine or equate wages/salaries given to them or income if any in relation to the weight of the jobs they do.

4) Going deeply questioning their daily means and accommodations.
5) Known whether they five with their families in cities or not married.
6) Censuring them regionally
7) To check their employments conditions if favorable according to employments and labour laws.
8) Research on how they prevent themselves against dangerous deceases like malaria and HIV, AIDS, and how much have they already been affected by those diseases.
9) Researchers will also deeply asking them whether they still have an idea of going back to their home or otherwise
10)To know their level of education.
11)Sending some of OSOTWA members as assistant researchers to their home of origin, to get more and exact information pertaining to the following.

· Reasons for their migrations
· The demerits or merits if any as the result of their sons,relatives being in Towns and cities.
· Asses the economic and social outcomes in masai areas in relation to their absence in home land.
· To obtain recommendations from their parents and their relatives pertaining to their presence in cities and Towns.

Benefit to society
- The researchers will have a ample time and opportunities to transfer the knowledge and skills they have to entire society
- Other related problems facing masai community will get a room to discussed
- Integrate the masai/pastoralist communities against their common problems.
- All social, economic problems resulted from these type of migration will find better solutions.


- Building a community which respect human rights and dignity.
- After Research evaluation will be able to have a single voice against any in human treatment to those mirans living in towns/cities.
- Society will also get education on those serious diseases like HIV.

BENEFIT TO DONORS
· Popularizing effects of massive increase of morans in cities all over the country.
· It will increase your role in the war against poverty and ignorance.
· Bridging the gap which exist between you/your office/company/organization and OSOTWA members in eliminating poverty in Pastoral societies.
· Getting a copy of a researched problem after evaluation for further activities
· We also enable you/your office to extend/expand the chances of accommodating educated young people to help you carrying out duties of the same.
· OSOTWA as great sackers, expects much from you. Your material (financial) support as funder will make the whole programme achieve it is goals.

Sustainability of the programme
The proposal research will be a starting point of the campaign against poverty (MKUKUTA) to pastoral societies especially those living in Towns. This will enable OSOTWA members to organize year/ or semester wise campaigns, seminars strengthening anti-poverty spirit among members.

Programme administration/management/ staffing
OSOTWA is a students organization constitutionally recognized and as provided by UDSM Act. It works under it is patron/matron who is responsible for management of all activities of the association.

OSOTWA also has it is administrative body who are students themselves. OSOTWA Executive committee comprises, Chairman of association and assistant chairperson, treasurer, and secretaries.

OSOTWA also has body of Advisors. Therefore the above mentioned people will be responsible for management of the programme, evaluation and production of the report in condensed form.

Staffing qualifications

i) Patron
ii) Excom(OSOTWA leaders) undergraduate from deferent faculties.
iii) Body of advisors post – graduate degree holders.

Generaly OSOTWA comprises undergraduate and post graduate students.

METHODOLOGY
Different methods will be used to ensure exact and accurate collections of data. This will include one seminars to researchers.

- Sending researchers to five chosen masai district for data collection.
- Making meetings with village and word councils (VEO and WODC)
- For those who will be doing research in the city needs to collect the targeted people (morans) differently and interview them.
- Use of questioner.
- Doing various congregations with targeted people.
- Case study
- Brains terming

SPECIFIED AREAS FOR RESEARCH
- Dar es Salaam City
- Monduli districtly Ngorongoro, Longido, Simanjiro and Kiteto.

DURATION
- The proposal research time 2 weeks
- Collection of research results one week
- Research evaluation one week total time for research to be accomplished is 4 weeks. Starting from May 20 – June 20

Number of Researchers
(a) In the City 25 people
(b) Down to contusive 30 people

Total 55 people















THE LOGICAL FAME WORK FOR – THE WHOLE POGRAME


Objective Verifiable indicators
Sources of Verifications
Assumption
es. Aim Poverty alleviation
- Self – awareness
Social, change of those masai youth living in cities and secrete at large.
Readiness to stop poverty and ignorance.
Objectives
- The reasons for massive increase of masai youth in cities
- Making outreach
- They are life standard
Togetherness among the associations NG’O’S, potential individuals and students working together
Researchers reports
All three demerits of them being in cities will be reveled.
* Also their life standard will be measurable
ACTIVITIES
- Meetings (conferences)
- Seminars
- Research
- NG’O’S
- Village and word readers
- Researcher (students)
Minutes and records of sessions
Availability and commitment of the targeted people.
INPUT
- Research materials
- Transport
- Funds
- Allowances
- Stationeries
- Transport fees
- Night allowances
- Research
- Reports
Funding Agencies responding accordingly.
















TENTATED BUDGET

NO
ITEM
QUANTITY
AMOUNT
TOTAL
1
Stationary

200,000/=
200,000/=
2
Staffing
6 people
1000,000/=
1000,000/=
3
Necessaries
@ meals and accommodation, transfer
i) Those doing research in Dar. 15,000/= per day (25).




ii) Those going to villages 20,000/= per day (30)
15,000
X
101
X
25
5,250,000/=


20,000/=
X
14
X
30













8,400,000/=
136,50,000/=
4
Seminar for researchers before starting the Programme
- Researcher and 2 facilitator s
- Meals and soft drinks
500,000/=
500,000/=
5
Research results collection
4 people OSOTWA Ex.COM
- Night allowance including transport 10,000 per day
- For one week
4x10,000/=
40,000x7
280,000/=



280,000/=





6
Research evaluation
3 people
- Patron
- One Excom leader
One Advisor
200,000/=
200,000/=


TOTAL
14,930,000/=




15,830,000/=

HAKI ZA MKIMBIZI TANZANIA

TVT KIPINDI TUAMBIE. TAREHE 22 /11/2007

HAKI ZA MSINGI ZA MKIMBIZI.

HISTORIA YA WAKIMBIZI TANZANIA
Tanzania imekuwa ikipokea wakimbizi toka miaka 1960 toka pande mbalimbali takriban nchi kumi ,Ruanda ,Burundi,Somalia,DRC, ,South Africa, Malawi ,Msumbiji,Zimbabwe,.walikuja kwa wingi kutokana na sera ya wakatio huo (OPEN DOOR POLICY). Sera hii ilitokana na FALSAFA YA MWALIMU NYERERE NA BAADHI YA VIONGOZI kwamba mkimbizi yoyote anayekuja kwa mikati ya kuikomboa nchi yake aingie bila masharti ,wakapewa ardhi,wakaishi,wakafanya kazi kama watanzania na bila kutegemea misaada hatimaye wakawa naturally intergrated.Hawakuwa na mzigo wowote katika nchi walizalisha na kufanya biashara na watanzania,mfano kule Rusumo kulikuwa na soko la pamoja na Bulyankulu .sheria ya wakimbizi ya mwaka 1966 (refugee control Act) ilitumika hadi tulipopata sheria mpya ya mwaka 1998.(refugee Act).
Tokea miaka ya tisini chuki dhidi ya wakimbizi ilianza kushika kasi hatimaye baadhi ya viongozi walisikika wakitoa maneno makali dhidi ya wakimbizi ,mfano namnukuhu waziri wa mambo ya ndani katika miaka ya tisini ,
“We are saying enough is enough is enough. let us tell the refugee that the time has come for them to return home and no more should come”
halikadhalika viongozi wa upinzani walitumia nafasi hio kueleza umma kwamba serikali inafanya makosa kuwahifadhi wakimbizi.

MKIMBIZI NI NANI? Ni mtu yoyote yule aliyekosa usalama wa nchi yake kutoakana na na mambo mbalimbali ambayo humfanya awe na hofu kubwa ya ulinzi na usalama wa maisha yake.. kwa mujibu wa sheria ya wakimbizi duniani ya mwaka 1951 kifungu cha 1(2).mkimbizi lazima awe ni mtu mwenye hofu kuu , aliyetoka katika nchi yake na kwenda nchi nyingine kutafuta hifadhi na ulinzi.
Hofu hiyo inayomkimbiza mkimbizi kwa mujibu wa sheria za wakimbizi duniani na sheria inayosimamia masuala ya wakimbizi Afrika ya mwaka 1969 ni unyasasaji wa kidini,kisiasa,kikabila,kirangi na hata utawala wa kimabavu na kikoloni.
Kifungu cha 3 cha cha azimio la kimataifa la haki za binadamu la 1948 kinasisitiza kuwa kila mtu hana haki ya kuishi ,kuwa huru na kuwa salama.Azaimio hilo linaendelea kusema katika kifungu vifungu vya 13 hadi 15 kila mtu ana haki ya kwenda katika nchi yoyote ile na kuomba hifandhi.

HAKI ZA MSINGI
Haki ya kwanza ambayo mkimbizi anapaswa kupata ni haki ya kuomba uifadhi katika nchi ya yoyote bila kuzongwa na masharti magumu.kifungu cha 2(1) cha sheria inayosimamia masuala ya wakimbizi Africa 1967 kinasisitiza kwamba kila nchi itumie mbinu zote kuwapokea wakimbizi.suala la kuwapokea wakimbizi kwa mtazamo huu linabakia kuwa suala kibinadamu zaidi make hakuna sheria yoyote inayolazimisha inchi yoyote kumpokea mkimbizi ila suala la kuomba ukimbizi ni haki ya msingi ya mkimbizi hivyo Tanzania haikufanya na haifanyi makosa yoyote kuwapokea wakimbizi.

Charter ya Afrika ya haki za binamu ya mwaka 1981 nayo imetumia neno kuomba na kupata lakini bado tu imetoa uhuru kwa sheria za nchi kuamua , kifungu 12.3
Haki ya kupata ulinzi kamili.mkimbizi anapokuwa katika nchi ya hifadhi anakuwa chini ya uangalizi wa umoja wa kimataifa hasa chini ya shirika la wakimbizi duniani pamoja nchi ya hifadhi..kifungu ch 7 (1) ch sheri za wakimbizi duniani kinaweka bayana kwamba inchi yoyote inayompokea mkimbizi ni lazima(shall accord) iwalinde na kuwaimarishia usalama wao kama inavyowatendea wageni wengine wanaoshi nchini kisheria kifungu13 cha sheria hiyo kinasisitiza pia.

Mkimbizi hapaswi kurudishwa anapokuwa mpakani au anapokuwa ndani ya nchi anayotaka hifadhi.(priciple of non refaulment) hasa pale nchi yake inapokuwa katika wimbi la machafuko ya kivita. Kifungu cha 33 cha sheria za kimataifa za wakimbizi kinasistiza kwamba nchi yoyote itakayomrudusha mkimbizi katka eneola vita itakuwa imekiuka haki za kibinadamu.vile sheria ya wakimbizi ya Africa kifungu cha 2(3) na kifungu cha 28 cha sheria za wakimbizi Tanzania.
Baada kupata hifadhi mkimbizi vile vile kama binadamu yoyote yule ana haki ya kutendewa kama binadamu yeyote yule kwa mujibu wa sheria za kimataifa za wakimbizi
Ø Haki ya kumiliki mali isiyohamishika na inayohamishika. Kifungu cha13
Ø Haki ya kuwa msanii au kijihushisha na sanaa
Ø Haki ya kujiunga au kuunda vyama vyovyote ilimradi visiwe vya kisisasa kifungu 14
Ø Haki ya kwenda mahakani na kupewa msaada wa kisheria
Kifungu cha 17

Ø Haki ya kujiari na kuajiriwa
Ø Haki ya kupata elimu
Ø Uhuru wa kutembea
Ø Uhuru wa kuabudu
Ø Uhuru wa mawasiliano
Kwa mujibu wa sheria za kibinadamu za kimataifa pamoja na sheria za wakimbizi za kikanda, mkimbizi hana budi kupata haki zote kama binadamu wengine,mfano mkimbizi ana haki ya msingi ya kukata rufaa pale anaponyimwa kibali cha kupata hifadhi.
Pamoja na haki hizo kufafanuliwa na baadhi ya sheria za kimataifa kimsingi bado sheria za kimataifa za wakimbizi zina mapungufu hasa zile za ndani ya nchi. Mfano sheria ya wakimbizi ya kimataifa inamapungufu makubwa na baadhi ya mapungufu hayo ni pamoja ufafanuzi wamkimbizi ni nani bado unamatizo pamoja na kwamba imeshafanyiwa mabadlilko na protoko ya 1967 ya sheria ya wakimbizi.
Vile sheria hii haijaweka bayana haki za msingi za wakimbizi wenye udhaifu(vulnerable) kama vile watoto,wanawake,vikongwe na vilema.
Sheria hii haina uwezo wa kuiwajibisha nchi itakayoshindwa kufuata misingi ya sheria za wakimbizi.kutokana na tatizo hilo tunaona nchi nyingi duniani zikivunja na kukiuka haki za msingi za wakimbizi.
Sera na sheria ya wakimbizi Tanzania kwa ujumla ziinamapungufu makubwa ukizingatia Tanzania ndiyo nchi inayoongoza duniani kwa kupokea wakimbizi nadhani tungepaswa pia kuwa nchi pekee yenye sera na sheria za wakimbizi zinazo jali haki za mkimbizi.
Tatizo la kwanza kabisa ni kwabmba sheria na sera hiyo haitekelezwi ipasavyo na kwa misingi ya kisheria inayojali haki za kibinadamu.(practical problems) Zoezi la kupata kibali cha kuwa mkimbizi lina urasimu ukizingatia kuwa wakimbizi huwa wanafika wakiwa wengi na vile vile wanakuwa wamegubikwa na wimbi la matatizo kifungu cha 5 (2) e) cha sheria za wakimbizi Tanzania.vile vile kifungu cha 9(7) ambacho kinamruhusu mkimbizi kukata rufaa.
Kifungu cha 4.3 kinapingana na sheria za wakimbizi kimataifa na Afrika inayo pinga mkimbizi kurudishwa katika nchi yake bila kuzingatia misingi ya haki za binadamu.sheria za wakimbizi mkimbizi anapaswa kurududishwa kwao kwa hiari yake na hasa pale machafuko yanapokuwa yamekwisha katika nchi ya nyumbani.
Suala la kurudi nyumbani kwa hiari na kwa usalama limekuwa chanzo cha ukiukwakji wa haki za wakimbizi.mfano miaka ya tisini na kitu Tanzania iliwarudisha wakimbizi 20 wa kirundi kwa kigezo cha kuwa ni wapiganaji na hatimaye wakauwa mpakani.ili hali sheria inasema kama kutakuwa na watu wa namna hiyo wanapaswa kutengewa kambi zao. Zoezi hilo kwa wanyarwanda miaka ya1996 walirudishwa kwao shingo upande na hatimaye wenge wao sasa wanatangatanga katika eneo la maziwa makuu kama vile kule Uganda katika makambi ya kibati na nakivale.
Hata hivyo msemaji wa UHCR Ron Redmond alipata kusema (we need to do great rehabilitation and reconstruction for Sudanese back home)
Hivyo basi nchi husika wakishirikiana na shirika la wakimbizi duiniani wanapaswa kujenga mazingira mazuri ya wakimbizi kurudi nyumbani kwa kupata haki zao za msingi manake kuwepo na amani haitoshi tu kuwafanya wao watake kurudi nyumbani.hali kadhalika zoezi la hivi karibuni la kuwarudisha wakimbizi DRC na Burundi halikufuata misingi ya kisheria.
Kifungu cha 28 cha sheria ya wakimbizi Tanzania kina matatizo kwa sababu kina mzunguzia mkimbizi aliepo ndani ya nchi ya hifadhi tu na kumsahau yule atakaekuwa mpakani,kwa maan hiyo mkimbizi alieko mpakani anaweza kurudushswa kinyume na kifungu cha 2.3 cha sheria za wakimbizi Africa na kifungu 33 (1) sheria za wakimbizi za kimataifa.
Tanzani imeweka mazingira magumu (restrictive measures ) ambayo ina mnyima mkimbizi kuwa huru na kufnya kazi.nchi inaweza kufanya hivyo pale tu labda mkimbizi si halali kisheria na hana sifa zifuatazo
Ø lazima awe amekaa zaidi ya miaka 3 katika nchi ya hifadhi
Ø ameoa katika nchi ya ukimbizi
Ø ana watoto katika nchi ya ukimbizi
hivyo sheria yetu inamapugufu kwa kutoweka kipengele cha sheria kinachomruhusu mkimbizi kupata hifadhi ya kudumu kama njia moja wapo ya kutatua tatizo la ukimbizi(naturalization).wakati huo huo vifungu vya 3 na 33 vya Azimio la dunia la haki za binadamu ambayo Tanzania imeiridhia inasisitiza kuwa mkimbizi ana haki ya kubadili utaifa.
Sheria ya wakimbizi Tanzania pamoja na sera ya wakimbizi ya mwaka 2003 bila shaka kunahitajika mabadiliko makubwa kwa maslahi ya nchi vile vile ikizingatia haki za mkimbizi. Mfano Sera ya Taifa ya wakimbizi ya 2003 inasisitiza suala la safe zones kama ufumbuzi wa kudumu wa matattizo ya wakimbi,hili nalipinga kabisa kwa misingi ya kwamba haindani na haki za binamu na ni kinyume na sheri zingine za wakimbizi.ni vigumu kumlazimisha mkimbizi abakie kwenye nchi ambayo anaona maisha yake yapo hatarini.
Labda pendekezo ambalo nadhani ndio linaweza kutoa suluhu ya kudumu katika matatizo ya wakimbizi hasa hasa katika eneo la maziwa makuu ni kuwepo na shirikisho la Afrika mashariki.

IMEANDALIWA NA MWANAHARAKATI HAKI ZA BINADAMU
UDSM
ONESMO P.OLENGURUMWA

ETHINIC CONFLICT IN TANZANIA

TABLE OF CONTENTS

1.0. INTRODUCTION.
2.0. OBJECTIVES/JUSTIFICATIONS
3.0 .STATEMENT OF THE PROBLEM
4.0 BAGROUND OF THE PROBLEM
5.0 .LETERATURE REVIEW
6.0. HYPOTHESES
7.0. METHODOLOGY.
8.0 .PRELIMINARY BIBLIOGRAPHY
9.0 .MAPS AND FIGURES
LIST OF ABBREVIATIONS.
ADDO Arusha Diocesan Development Organisation
DC District Commissioner
IUCN International Union for Conservation of Nature
KIPOK Korongoro integrated Peoples Oriented to Conservation
LARRRI Land Rights Research and Resources Institute
NCA Ngorongoro Conservation Area
NGO’s Non-Governmental Organisation
OBC Ortello Business Corporation
PINGO’s Pastoralists Indigenous NGO’s
SRCS Serengeti Regional Conservation Strategy

1.0 INTRODUCTION
Tanzania is increasingly facing ethnic conflicts mainly involving herders[1] on one hand and farmers on the other hand. Such conflicts sometimes involve herders themselves (Intra-group). Morogoro, Mbeya, Arusha and Mara regions are notorious for such conflicts because the Ancholi, Wanchari, Sonjo and Maasai live and lead conflicting livelihoods. This research focuses on Ngorongoro district in Arusha Region where the sedentary Sonjo/batemi and Maasai have historically been in confrontations.

Ngorongoro district is famous both in Tanzania worldwide due to variety of wildlife species. It is also in this district where the Ngorongoro crater is found , which has been categorized as the world heritage sites. The District divides into three divisions, which are Loliondo, Ngorongoro, and Sale.

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.

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.

The ethnic relationship between Maasai and Sonjo has historically based on competitions. The utilizations of natural resources have been complimentary, the social activities and beneficial economic co-operation between them are as follows : the vital barter exchange of food as women conduct frequent trade between the communities, .Maasai women frequently participate in Sonjo rituals and request from Sonjo priests .

The problem grew bigger at the time of making boundaries and formalization of village land in the Loliondo division. However, at the same time we have to bear in mind that this problem was on track one century ago[2]. It is therefore misleading to brand findings of various scholars in 1990’s [3]as being the root causes of the problem; rather they are simply factors that facilitate the development of the problem.

Therefore, an assessment of the magnitude of the problem reveals more political and legal struggles with ecological reference. The conflicts as stated earlier are either Intra-group (Maasai vs. Maasai) or Entra-group (Maasai vs. Sonjo ).For instance 2 years ago
there was a conflict between Maasai clans Loita and Purko in Soit Sambu Ward mainly due the fact that great part of their land have been grabbed by government and granted to outsiders like United Arabs kings from Dubai; Brigadier Mohammad Ally and other companies like cattle products Ltd from Kenya , Tanzania Breweries company limited and Thomson’s Safaris.
Various community meetings were conducted to settle the dispute but no sustainable solution was found ,then before a brief of time an order from Ngorongoro District Authority to nullify the certificates of occupancy offered to Loliondo villages in 1990’s.And declared that those villages to be resurveyed .Then again worsened the dispute between Sonjo and Maasai.

The rival of ethnic groups, tried to end their cattle and land disputes when 25 leaders from each faction signed a peace accord brokered by the Arusha Regional Commissioner, Mohamed Babu ,in Collaboration with Ngorongoro District
Commissioner, Mr. Assey Msangi ,the District Executive Director (DED) Mr
Nicholaus Kileka ,tradional leaders experts from the Irish Embassy . However, with all those efforts still the problem continued and expanded to great magnitude.





2.0 OBJECTIVES/JUSTIFICATIONS
My Research aims to find out the role of laws and national policies in the said conflicts. It also aims at studying why the problem has acquired a persistent nature and why the government has left the problem unattended for all those years. My research will as well try to find out where these groups get their small firearms used during the conflicts. The research will also address the case of illegal immigrants, as it has been associated with the conflict.[4]
The legal implications of the findings will help the policy and law enforcement organs to have the knowledge and insight of the problem. Such findings will also create awareness to people as to what is taking place in Loliondo and Sale divisions. In the end, the community will understand sources of conflicts so that possible conflict resolution strategies in areas of heterogeneous communities with plural and land tenure systems will be suggested.

The findings and recommendations can as well be used by policy and law makers when making and formulating national policies and laws .The research findings will be a source of reference to be found at the University library for academicians, scholars and other researchers.


3.0 STATEMENT OF THE PROBLEM
The Maasai and Sonjo have been controlled with both changes spatialities and properties in a changing geopolitical and economic on varying geographical and historical scales. The problem has many causes. These are like poor management and
Administration of land ethnic hatreds; scarcity of land and population growth;
Diversification of livelihoods;; and the role of politicians and the government bureaucracy., these are some of the causes according to various researchers’ findings. Therefore, the problem has never been looked in legal perspectives.

The problem seem to be attributed to many couses,it has immediate(new players) and historic causes. The problem has recently acquired great magnitude and endemic character. The great part of loliondo land is given to foreign investors hence limiting the indigenous people’s pastures.

The main problem in Tanzania is ethnic dispute between herders and farmers, and the situation takes another shape as most of the time even pastoralist themselves have been in hostility. The disputes have been associated with land matters by many writers.
Sanna Ojalammi of Helsinki University[5] in his work on semi arid parts of Northern Tanzania has shown that the dispute in Maasai and Sonjo land has relation to land dispute. Being a geographer, he tried to address the problem basing on properties in the changing geopolitical and economic system on varying geographical and historical scales.

The main problem that my research aims to find out is the recurrent nature [ENDEMISM] and over growing of these disputes in Ngorongoro. The conflict breaks almost every year and its magnitude became bigger when the Somali and Loita (Maasai from Kenya) immigrants took part[6] . Loita Maasai[7] have immigrated into the Tanzanian side in big numbers thereby increasing pressure on already contested and limited resources. This finding is also supported by the Ngorongoro DC by then [8] .To add salt on the wound, types of arms used are not expected to be used in a local conflict of this nature. Some of the said fire arms include SMG, AK 47, RPG, LMG, and Rifle. It therefore follows that these conflicts result into death of many people, destruction of their homes and properties like burning of crops and many people women and children ran away from their homes.

We have witnessed the changing of legal system in these areas resulting into misunderstanding among our communities. . NCAA pose threats to expand the conservation area to loliondo lowlands and eviction of Masaai clans from Ngorongoro conservation area to Oldonyosambu village which is among the disputed area. The villagers did not reach into consensus with the land demarcation process done by ADDO in 1990’s.[9].The evolvement of majority to the demarcation process was not promising hence the problem was once again fueled.
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[10].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 (supra) says we need change of law and practice but doesn’t require huge resource investment.

Despite several attempt to end the animosity still the problem breaks out often. Therefore the endemic nature of this problem with no doubt matured into legal problem to be researched .Only recently it was reported by Kuilikoni News paper of 22/04/2008 that one person named Lesingo Nanyoi (34) was brutally shot by police in resource based conflict with a foreigner investing on their land at Soit sambu ward.[11].Therefore the problem manifested that there are legal issues to be doubted with as the combination of causes fueling the problem. The situation then manifests that there are laws or policies tend to collide each other, hence leave people into conflicts. For instance the loliondo division villages are recognized by land Laws and local government laws but natural resources laws and policies recognize them as Game controlled area(LGCA).

The then Ngorongoro District Commissioner Aseri Msangi[12] and the former Ngorongoro MP, Mathew Taki ole Timan admitted that the conflict has eventually matured into a tribal war considering the weapons being used. One of the victims of war also admits the same.[13] It therefore appears that the problem receives many new players every year and make it grow bigger and bigger.
The following questions will guide me during my research,
· How do the laws and national policies respectively contribute to these endemic conflicts in Tanzania?
· How do the issues of borders make the problem persistent?






4.0 BACKGROUND OF THE PROBLEM
Parties to the conflict, who for years have been trying to end the ethnic clashes, believe that they could have been contained if government was serious and firm in addressing the problem. The Maasai pastoralists who constitute the majority and the Sonjo agro-pastoralists who constitute the minority, among other groups, inhabit the district. The two groups have a prolonged history of hostile relations and tensions The history behind the existing conflict goes back to 1975 when the most intense fight between was first recorded. Many lives were claimed in a fight that was triggered by cattle thefts. The conflicting situation was temporarily arrested in the late 70’s when the late premier Edward Sokoine mediated the same by using traditional means of conflict resolution. [14]

The conflict between the two sides gathered new momentum after 1990, when a highly disputed demarcation and issuance of title deeds to some villages, was done by Arusha Development Diocesan Organisation (ADDO)), Korongoro Integrated Peoples Oriented to Conservation (KIPOC), International Union for Conservation of Nature (IUCN) and Serengeti Regional Conservation Strategy (SRCS).[15] It however blew in 1995 in an occasion where a Maasai young man stole a shoe of a Sonjo trader in a local market, an incidence that quite surprisingly exploded in bloodshed of a magnitude not seen to date.

While the problem was not properly addressed the a village land at Olososokwan with a long term licensed permit was granted to private non Tanzania in 1993 from United Arabs Emirates (UAE). [16] Then, citizens living in Loliondo Game Controlled Area ( LGCA) created an open conflict due to the indigenous land dispossessions. Several debates were made questioning the property right of the Indigenous. This was followed by complains that the government has not given the conflict its due weight to end it.

The co – existence of the two groups of people has always reflected certain ambiguity ranging from hostility to administration surrounding forest of Loita hills. Ole Nangoro in his book[17] said that the land dispute prevalent in Loliondo and Sale division occurred in the borderland area or in wildlife conservation area, such as Loliondo game controlled area, the most heavy violent disputes took place from 1980`s, involving heavy raiding, theft, by armed bandits destruction of homes, property and death of many.[18]





5.0 LITERATURE REVIEW
The field seems to be new to many writers but in the course of my readings I have managed to visit various publications that correlate to this matter and I managed to find few authors as follows.
Ragna Torvick and others (supra)they mainly advocate that resource curse is currently a source of conflicts.Such wealths oftern fuels internal grievances that cause conflicts and civil war,therefore this partern is widely refered as “Naturual Resource Curse”.That it creates stagnation and conflicts ,rather than economic growth and development.
Sanna Ojalammi (supra) deals with specific land disputes which took place in 1990 in the Loliondo and Sale division of Ngorongoro. The author being the geographer shows that territoriality, boundary, property and relations of power in geographical space being the main reasons for the problems. He further opines that the reason behind the problem is the lack of communal land rights since the existing one is based on the English property law systems.. However, as stated earlier on, these cannot be the root causes of the problem since the problem started many years before those transformations.
On his part, Shivji[19] propounds that from 1998`s lands disputes have become common in Tanzania due to poor management of land matters.
Territoriality is an important part of social relations and implies the existence of an equal social relations on deferent geography scales propounded by Holloway and Hubbard [20]. Therefore this defines human territoriality within this study as an attempt to effect influence or control actions ,interactions (of people, things and relationship ) by asserting and attempting to enforce control over specific geographical areas. Therefore what I noted is how this principle is applied or enforced sometime government used it as the weapon to grab the land of the poor .
Blomley[21] is of the opinion that law has a geographical aspect because it is formalized, implemented and enforced within a specific context. Generally law and property are both geographical and political. This is an assertion by Mustafa[22] who says that law and state apparatus are inextricably linked in the process of production of social special partens of access to resources and empowerment of certain social agents in the process ..
Blomley [23] 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 were 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, [24] he 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.
Lane’s study (1991)[25] shows that the disruption of the Barbeig people’s land use and their pastoral economic was due to allocated lands grant to National Food Cooperation (NAFCO) and Canada Tanzania wheat Programme.

Other writers like Potkanski[26] argued that Sonjo and maasai dispute was due to competitions over water , he made a study and found the resource based conflict between the two hostile group. Mbonile[27] with the case of Pangani Basin says that immigrations of people should be taken as the major cause of resource based conflicts. [28]
.Mustafa (supra) argues that law can be contingent, political and contestable often perpetuating and legitimizing exploitative and oppressive geographies of social power.
Some people have translated to mean that there was no need to respect boundaries and it was great incentive to lawlessness. These local boundary problems seem to be maximized by conflict between customary law and land law.


















6.0 HYPOTHESES
v The reasons behind the problem seems to be the state intervention by grabbing the land, imposing hard and unknown laws, hunting concessions with resource user right for game were given for outsiders.
v The Overlapping of the following laws around and within the disputed areas, “the local government laws, forest laws, land laws, conservation law, environmental and wildlife laws and laws of migrations” is also doubted to be factor fueling this problem.
v The influx of notorious Loita from Kenya and solders from Somali make us to assume that laws of migrations in Tanzania have failed to accommodate the nature of this boarder where one clan extends to both sides of the boarder.
v Also the lack of knowledge of the formulated policies and laws to majority and Resource curse are also doubted to be the factors behind the persistent nature of this dispute and this is because citizens are not involved in policy making and ultimately finds them living in extreme poverty. Therefore the increase resource based conflict can turn into ethnic conflict.
.




7.0 METHODOLOGY
My case study area will be Sale division and Loliondo division in Ngorongoro district. This study has been substantively selected due to the following reasons. The area has been historically facing the dispute between Maasai and Sonjo/Batemi and sometime Maasai themselves. The following village are victims of conflicts. Loosoito, Malon, Eyasi/Mdito(Sonjo), Kisangoro( sonjo) Mughole (Sonjo) and Nga’rwa. The dispute most of the time breaks along the border land areas of these villages and wildlife conservation area like Loliondo Game Controlled Area.

Methods and tools of data collection selected are interviews, questionnaire, story telling and group discussion. These methods are selected because of the nature of the area and people. Sometime you need to meet elders and have group discussion with them as they have long experience of the conflicts questionnaires will mainly be directed to police officers, leaders and district council officers. Library research will serve as another method of collecting data as served libraries will be visited including UDSM libraries.








8.0 PRELIMINARY BIBLIOGRAPHY

Adams, W, M and Potknaski, T and Sutton J.E.G (1994). Indigenous Farmer Managed irrigation in Sonjo Tanzania, The Geographical journal.


Ojalammm,S.(1995).Contested land Dispute in Semi and – Parts of Northern Tanzania Case study of Loliondo and Sale division. Ph.D Dissertation, University of Helisinki .

Ole Nangoro Benedict, N.(1998). Brandy the land “Maasai Responses to Resource Tenure Insecurity and Social change PP. 15- 80. In Horn F. (Ed) Economic Social and Cultural Rights of the Maasai, University of Lapland: Rovaremi.

Potknaski Thomas (1994),Livestock as Collective Conflicting with Individual Properly: Property Rights Pastoral Economy and mutual Assistance among the Ngorongoro Salei Maasai of Tanzania, 200P. PhD. Dissertation, University of Warsaw, Warsaw .

Shivji, Issa, G, and Kapinga Wilbert B (1988). The land Maasai rights in Ngorongoro Tanzania 114. 4P, Drlands Pro. 11ED, 11ED/Hakiardlhi, London.

Blomley ,N,K.(1994).Law Space Geography of the Power ,Gulford Press , New York.
Lavigne, Dellule ,Philippe . (1998) .Rural land and Tenure ,Renewable Resources and Development in Africa, 131p, Paris .

Mustafa ,D.(2001) Colonial Law ,Contemporary water issues in Pakistan ,Political Geography, 20,817-37 pp.

Bomley ,NK.(2004).Unsettling The City ,Urban Land and the Politics of Property, 207 .P.Routlage ,London.

Tenga ,R,W.(1991).Tanzania land law, .A Paper Presented in Proceedings of Arusha Workshop on land Policy August 27-29 -1991.

Mbonile,Miline,J,(2003).Migration and Intensification of Water Conflicts in Pangani Basin,Tanzania.Habitat International.1-28

Torvick Ragna, et al.Institutions and Resource Curse. The Economic Journal (2005)

OTHER REFERENCES
Brehony E.. Draft Report on Efforts Resolves Conflicts between the Sonjo and Loita Session of The maasai :Embassy of Ireland(2004/2005)
Parkipunyi M.E.Security of Land Tenure Statement of the Problem (1991).Report.
Henry A’Fosbrook. Emerging Conflicts in Land Use.Paper Presented at Mikumi Workshop on Conservation and Development (1988)
____________(1991) Eviction of Pastoralists from Mkomazi Reserve :Draft report.
Kabudi P.J. (2001). Legislating Community of CRRS Experience of Wildlife and Forest legislation.
Anhem K.(1984.Two Sides of Development :Maasai Pastoralist and Wildlife Conservation in Ngorongoro,Tanzania .University of Uppsala :Sweden.
Brockington ,D(1998) Land Loss and Livestork.The Effect of Eviction of Pastoralist Moved from Mkomazi Game Reserve,Tanzania:Ph D. Thesis University College London.
FAO. Community Forests Herders Decision Making in Natural Resource Management in Semi arid Africa 126P FAO. Rome
Anderson J.A (1999) Culture and Conflict Resolution, US institute of Peace Press,
Washington DC Berehn .
Jorgen Ole and Sumonse, Kietstch (ed) 2004. Spatiality and Social Resolutions in 21st Century. Ashgate Publishing Ltd, Aldershot.






[1] The word herders here is used to mean pastoralists who move with their herds of cattle, sheep and goat in search of pastures, water and sometimes to run from animal diseases.
[2] Personal interview
[3] See for example Sanna Ojalammi in Contested land disputes in Semi Arid Parts of Northern Tanzania
[4] Ngorongoro watakiwa kuwadhibiti wahamiaji haramu. 24th /03/2008:Nipashe.
[5] .Ojalammi S.Contested land disputes in Semi Arid Parts of Northern Tanzania
[6] Somali raids and kills 9 ,Daily News 3.11. .1998
.
[7] Loita is a Maasai clan commonly found in Tanzania and Kenya .
[8] who narrates that when he went to the battle field to
call the fight off, the Batemi fighters wanted to be given permission to finish the
Kenyan intruders (‘Mkuu wacha tuwamalize hawa wavamizi wa Kenya’, are his
exact words) {Daily news paper Saturday, April 16, 1994 }


[9] In 1990, a joint survey project was carried out by ADDO, KIPOK, IUCN and SRCS, using
experts from the regional land office. The project was aimed at demarcating
boundaries between villages in order to secure villages lands which was under
.Mr. Ole Saitabau a surveyor from Arusha Region Land office who was involved in the project
to demarcate boundaries in Loliondo and Sale division villages

[10] Tarvick and others . TInstitutios and Resource Curse .Economic Journal (2005)
[11] Apigwa Risasi vurugu za mwekwzaji na Wafugaji Kulikoni jumanne Aprili 22,2008.
[12] DC Aseri Msangi was quoted saying: “In the army, as far as war planning is concerned, there is something called D-Day and H-Hour. These are important moments in time when signals for attack can be issued,” says Msangi. “In the recent clash between these two groups, there is evidence to show that D-Day and H-Hour techniques were employed by one group,” he adds. Explaining, Msangi says that on September 5 this year, Sonjo tribesmen attacked Masai villages from four fronts and the attacks have all signs of collaboration as they occurred simultaneously. “Since clashes between these two groups started almost a century ago, we had never experienced something of that nature in this conflict,” he explains. ( Daily News 23,3,11 (2004),
[13] “We are not in conflict with all Maasai clans. We are clashing with the Loita clan in Kenya. They have been crossing the border to our side in search for pastures.
[14] Report on mediation on the Batemi –Loita Conflict –Held at Olmotonyi Forest Training Cenntre August 31st –September 4,2004.
[15] Ibid
[16] . Mwarabu apewa ruksa loliondo na JWTZ yapewa magari ya ghuba, Mwananchi 17.20.10


[17] .Ole Nangoro B.(1998) .Branding the land Maasai Response to Resource and Tenure Security and Social change pp 15-80.
[18] See also the daily News 23rd/11 (1998), Daily New 12th and 15th, 1(2002). And Sunday News 20.1 (2000) reported the matter.
[19] .Shivji Issa ,G and Kapinga W.B.The land and Masai Rights in Ngorongoro.
[20] Holloway and Hubbard
[21] .Blomley .(1994)
[22] Mustafa (2001)
[23] Blomley (2004)
[24] Tenga (1991)
[25] Lane (1991)
[26] Potkanski (1998)
[27] Mbonile (2003)
[28] Some of the resource based conflicts due to forced migrations of pastoralist from their local areas include eviction of the Maasai from Ihefu Valley to Lindi , from Ngorongoro to Olonyosambu (a small village in Ngorongoro) and the eviction of members of the same ethnic group from Rufiji and Kilosa. Also on 6th March , 2008 ITV reported the conflict between nomadic pastoralist and herders at kisarawe .