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MBAGALA EXCURSION REPORT
OLENGURUMWA ONESM0
Introduction
On 29
th
April 2009, the city of Dar-es-salaam was rocked by a series of earsplitting
explosions. Bombs of undisclosed strength and magnitude, bullets, grenades, rockets and
other dangerous pieces of ammunition stockpiled at the Military barracks of the Tanzania
People’s Defense Force (TPDF) armory at Mbagala depot off the armory walls and roof
as they exploded, causing mass destruction to property as well as injury and death to
civilians who were living around the vicinity of the army
1
. Residential houses around the
area at Mbagala Kuu crumbled to the ground, covering beneath them men, women and
children caught unawares, schools collapsed, etc. Debris was projected into the
residential area, landing on and into houses, killing 29 people on the spot and wounding
at least 300 others. The damage to infrastructure and the surrounding houses was
extensive. Hundreds of families were left homeless. Chaos reigned due to the brazen
disregard of international Humanitarian Law in Tanzania. In the face of that , we would
like to commend the work done by Red Cross Society as without their relief lives of
hundreds could be at mess.
Analysis of the findings
The first evidence of this disregard appears in the form of the land dispensation that has
been carried out in this area, which is believed to have been done incorrectly and which
also does not uphold the humanitarian law principles. According to the Land Act of
Tanzania
2
, there are three main ways of acquiring land. The Land Act
3
designate
reserved for special activities amongst which, the military is not listed. However, the
residents of Mbagala claim to have had their land dispensed to them legally and claim to
have the proof of certificates of occupancy.
1
Daily News, Friday July; 2009 (online version)
2
Of 1999 CAP 113 [R.E. 2002]
3
Ibid., 6.
1
Page 2
Upon the acquisition of land by the civilians, the Government being the responsible organ
for allocating this land has a duty to ensure that the principles of international
humanitarian law have been observed. As per the basic principle of distinction, no
civilian has justification for owning land in such close proximity to the military depot.
As according to The Protocol 1 Additional to the Geneva Conventions, Tanzania as a
state party should, to the maximum extent feasible, avoid locating military objectives
within or near densely populated areas
4
. This is to pay attention to the principle of
Distinction. This is a principle of international humanitarian law which demands that a
distinction should always be made between the military objects and the non-military
(civilian) objects as well as between combatants and non-combatants (civilians) so as to
inter alia protect the civilians from the hostilities directed towards combatants and the
misfortunes that may befall them by virtue of so being. President of University of Dar es
salaam Human Rights Association insisted, even if the country is not at war, Government
must adhere to the Geneva conventions principles.
5
However, it should be noted that if these people own this land, then they have had it
allocated to them. This is a direct contravention of the municipal legislations, as well as
international humanitarian laws
6
It should also be noted that, despite the obligations that
Tanzania has, to international law, there are no provisions whatsoever in the land act that
pay obeisance or even recognize this obligation. It was stated by Dr. K. Kamanga that,
“Tanzania declared its commitment to abide by the Geneva Conventions through formal
declaration on the 12
th
December of 1962. She acceded and thus voluntarily expressed
her consent to be legally bound by the Additional Protocols on the 15
th
February 1983”
7
.
It has however showed no evidence of doing so, as it has not in its municipal legislations
on land matters, directly addressed this issue in its provisions.
4
The Protocol Additional to the Geneva Conventions of 12
th
August 1949, and Relating to the Protection
of Victims of International Armed Conflicts (Protocol I), of 8
th
June 1977, Article 58 (b) & (c)
5
The Guardian, April 3o 2009.UDSM activists asks Government to locate barracks away from civilians
6
Protocol 1.Loc.cit
7
Khoti Kamanga; Study into implementationof International Humanitarian Law in Tanzania. 1998 Faculty
of Law: University of Dar-es-salaam: Tanzania.
2
Page 3
Furthermore, the planning in the area of Mbagala Kuu has proved to be very poor. It is
indeed doubtful as to whether this land has been properly surveyed and subjected to the
attentions of urban planning. This is apparent in the haphazard manner in which the roads
and houses are laid. In addition, the roads are poorly maintained and in some parts seem
to have been hewn roughly from dirt paths. Suffice it to say, in an emergency such as
this, it is almost impossible for aid and assistance to arrive at the disposal of the needy.
Seeing as, The protocol also provides that the state party shall take any other necessary
precautions to protect the civilian population, individual civilians and civilian objects
under their control against the dangers resulting from military operations(emphasis is
added)
8
. This should also include keeping the roads in good condition and the l planned.
This evidences that the Municipal Authority in Tanzania on Land Matters, which is the
Land Act has no element of International Humanitarian Law especially in gazetting of
military areas. This makes the provisions of the Geneva Conventions impotent as they
have never been domesticated. This is a pity as, the Constitution of the United Republic
of Tanzania puts an obligation on the parliament to ensure that treaties and conventions
are ratified or domesticated thus enacting enabling legislation
9
. This makes it enforceable
before our courts of law. All this leads to the inference that, the government is either very
poorly informed on International Humanitarian Law, or it has no knowledge whatsoever.
This is also a breach of the Geneva Conventions
10
which emphasizes on the
dissemination of knowledge on International Humanitarian Law. The implementation and
enforcement of humanitarian law can be both in peace time and time of conflict.
During peace times as well as times of war, the parties to the Conventions and protocols
are obliged to include the study of international humanitarian law in their programmes of
military instructions as well as the military commanders ensuring that members of the
armed forces under their command are aware of their obligations under the conventions
and protocols. They are also to encourage the civilian population to study them.
Furthermore, the first Protocol obligates the availability of legal advisers to the military
8
Op cit , 1949 AP I, Article 58(b)
9
Constitution of The United Republic of Tanzania of 1977, article 63(3)(d & e)
10
All Geneva Conventions, Common article 1.
Geneva Convention Relating to the Protection of Civilians 1949, Article 144.
3
Page 4
commanders, who will be instructed by them as on the texts and materials of the
International Humanitarian Law and who will in turn instruct their subordinates in the
armed forces
11
. Not only are they to abide by this, but they should ensure that, as they
disseminate this information, they do it in such a manner that will enable the civilians to
understand. They should mind the language barrier and thus employ translation where
needed. They should also not rely on the literate few, as some cannot read, thus need oral
informative techniques.
The Red Cross Societies play a major role in this area. They are custodians of
international humanitarian law and thus, despite their role in giving humanitarian relief,
have a big role to play in making sure that Parties to the Conventions and their key
players are well informed on the principles under which international humanitarian law
operates. This was apparent in our study tour to Mbagala, where the civilians professed to
have no knowledge at all of international humanitarian law. Sadly, the Red Cross
Officials confessed to having barely disseminated the knowledge to the civilians. Not
only civilians but even Red Cross society lacks experts of Humanitarian law.
It was also glaringly obvious that the military officials, who purported to dispense land to
the civilians right next to the military facility, have never taken precaution measures to
inform or educate these civilians on International Humanitarian Law and the mess of
living close to military depot. Hence, we ratify what we cannot implement.
The Red Cross is further charged with obligations under the conventions and the
protocols to carry out humanitarian functions so as to help the victims both in times of
peace as well as in time of war, subject to the consent of the state party
12
. In the context
of the incident at Mbagala, the Tanzania Red Cross Society, in keeping with their aims
and objectives, availed 15 of their volunteers to provide assistance to the victims by
helping in the gathering of the missing, wounded and dead, donating tents, food and
water to the best of their immediate capacity.These efforts were hindered by the
11
GC IV, 144, AP I, 82, 83, 87
12
AP I, article 81, GC IV, 10, 63, AP II 18.
4
Page 5
haphazard layout of the area, the poor infrastructure and the minimal funds available to
them. Also, the somewhat slow response of the Government to help in the situation, and
when they finally did, they did so to the minimum. Some private institutions however,
lent a hand to the efforts of the Tanzania Red Cross Society by donating tents, food and
water, medical facilities as well as medicines.
In conclusion, the problem of lack of dissemination has lead to the lack of knowledge on
the principle of distinction, which has the main purpose of keeping the civilians safe and
away from danger zones. This principle was not adhered to and thus the area around
Mbagala Kuu ending up with a population of 18,866 people affected greatly, breaking
down into 3,775 families
13
.
Recommendations
At this juncture, having witnessed and later analyzed what has happened at Mbagala due
to series of explosions, we recommend the following;
1. That the Country be obliged to domesticate the International treaties and
conventions to which we ratify so as to make them enforceable in the courts of
law.
2. In the interests of fulfilling the requirements of the Geneva Conventions, the
country should facilitate for the Tanzania Red Cross Society in their task of
dissemination of international Humanitarian Law to the Armed Forces and the
Civilians at large.
3. In the furtherance of the above requirement, the country should undertake serious
training of the officials of the Tanzania Red Cross Society, who will in turn
disseminate the knowledge to the Armed Forces and Civilians at large.
4. As with Regards to the allocation of land, the legislature should come up with a
comprehensive policy on dispensation and gazeting of Military objectives and
civilian objectives as per the principle of distinction.
5. In keeping with the Disaster Relief Coordination Act No. 9 and the Geneva
Conventions, the government should preserve the dignity and humanity of its
people under the Guiding Principles on Internal Displacement by compensating
13
Data generated during the assessment by TRCS
5
Page 6
6
them on the injuries suffered and allowing them to rebuild their houses as well as
their lives.
Thursday, August 6, 2009
Monday, May 18, 2009
NGORONGORO VS UNESCO
THE WAR - NGONGORONGO CRATER VS UNESCO
“The principle of state sovereignty over natural resources in jeopardy “
1.0 Introduction
Cultural heritage is the combinations of features, which are of outstanding universal value from the point of view of history, art or science; these are monuments: architectural works, elements or structures of an archaeological nature, inscriptions, cave dwellings . Examples in Tanzania we have among others the Stone Town, Ruins of Kilwa and Songo Mnara. Natural heritage has been defined as natural features, geological formations and natural sites consisting of physical and biological formations, which are of outstanding universal value from the scientific point of view. Examples of natural heritage sites in Tanzania are Kilimanjaro National parks, Selou Game Reserve and Ngorongoro Conservation area (NCA).
Sovereignty means each state has exclusive jurisdiction within it is territory and to adopt laws and enforce them, adminster the territory and judge dispute there in. The sovereignty rights of states include rights of states to have exclusive over their resources. This was openly provided by principle 21 of Stockholm Declaration
‘States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.’
1.2 Analytical Discussion
Article 4 of world heritage convention (supra) insists “the duty of environmental protection and transmission to future generations of the cultural and natural heritage referred to in Articles 1 and 2 and situated on its territory, belongs primarily to that State. It will do all it can to this end, to the utmost of its own resources and, where appropriate, with any international assistance and co-operation, in particular, financial, artistic, scientific and technical, which it may be able to obtain”
The United Nation Education, Scientific and Cultural Organization (UNESCO) operate to synthesize the two global heritages (world heritage). When you construe Article 4 above, it is easily to note how much the state sovereignty over natural resources has been limited. States are required to adhere to all requirement and provisions of the convention. The UNESCO Convention basis on the recognition that parts of World Heritage of various nations are of outstanding Universal interest and need to be preserved as part of the world heritage of mankind as whole
In 1972 United Nation Conference on human environment came up with the declaration commonly called Stockholm Declaration (supra) with 26 principles on international environmental law. The link between human being and environmental protection is clearly established by principles 1,16 and 21 of the Stockholm Declaration provide a freedom of states to freely use their resources without any environmental damage and without infringing any human basic rights. Both Rio de Janeiro and Stockholm declarations advocate for permanent sovereignty over natural resources The United Nations had once vehemently spoke of the right to Permanent Sovereignty over Natural Resources by G.A. res. 1803 (XVII), 17 U.N. GAOR Supp. (No.17) at 15, U.N. Doc. A/5217 (1962) . Paragraph one declares that the right of peoples and nations to permanent sovereignty over their natural wealth and resources must be exercised in the interest of their national development and of the well being of the people of the State concerned
The UNESCO convention when implemented it infringes some of rights of over natural resources .For instance, when a part of any state is included in the list of world heritage, then that part becomes a heritage of all nations regulated by local legislation and international conventions. For in stance in Tanzania we have world heritage sites like Serengeti National Park and Ngorongoro Conservation Area (NCA). Recently UNESCO threatens to unlist NCA from the listed World Natural Heritage. UNESCO declared that if people’s activities in Ngorongoro won’t be stopped, Ngorongoro Crater would no longer be classified as World Heritage site .
If global governance over national resources becomes reality, there will be no place for indigenous to hide. To respond to UNESCO Deputy Minister for Natural Resources and Tourism Ezekiel Maige surprisingly said,
"We have already directed the Ngorongoro Authority to conduct census for both human population and livestock in the areas so that we can take appropriate measures," .
This implies that UNESCO Conventions contradicts with the principle of sovereignty over natural resources. This is similar to what happen in Wyoming in September 1995 over Yellowstone Park when World Heritage Committee members from Europe and Asia appeared in Wyoming to help radical environmentalist fight the environmentally friendly mining company, they claimed and won the right to censure human activity within the entire ecosystem. In other words, "systems thinking" rather than scientific facts The international assistance has been used a weapon to weaken freedom over natural resources. Article 26 of UNESCO convention (supra) stipulates that.
“The World Heritage Committee and the recipient State shall define in the agreement they conclude the conditions in which a programme or project for which international assistance under the terms of this Convention is provided, ….., in observance of the conditions laid down by the agreement.”
What would be in the agreement? No body knows. This is deviation from national sovereignty to global governance. It is from this system of international cooperation as elaborated by Article 7 of UNESCO Convention (supra) that state sovereignty can be in jeopardy.
‘For the purpose of this Convention, international protection of the world cultural and natural heritage shall be understood to mean the establishment of a system of international co-operation and assistance designed to support States Parties to the Convention in their efforts to conserve and identify that heritage’
But we should remembers that these kind of assistance comes with hard conditions which make states to sell their sovereignty over natural resources to rich or developed countries.
1.3 Conclusion
The UNESCO convention (supra) has primarily good objectives of environmental protection by classifying and preserving the world heritage sites. But if this won’t be exercised with care, then the Principle of sovereignty over natural resources can be infringed In order to achieve a more rational management of resources and thus to improve the environment, States should adopt an integrated and coordinated approach to their development planning so as to ensure that development is compatible with the need to protect and improve environment for the benefit of their population.
“The principle of state sovereignty over natural resources in jeopardy “
1.0 Introduction
Cultural heritage is the combinations of features, which are of outstanding universal value from the point of view of history, art or science; these are monuments: architectural works, elements or structures of an archaeological nature, inscriptions, cave dwellings . Examples in Tanzania we have among others the Stone Town, Ruins of Kilwa and Songo Mnara. Natural heritage has been defined as natural features, geological formations and natural sites consisting of physical and biological formations, which are of outstanding universal value from the scientific point of view. Examples of natural heritage sites in Tanzania are Kilimanjaro National parks, Selou Game Reserve and Ngorongoro Conservation area (NCA).
Sovereignty means each state has exclusive jurisdiction within it is territory and to adopt laws and enforce them, adminster the territory and judge dispute there in. The sovereignty rights of states include rights of states to have exclusive over their resources. This was openly provided by principle 21 of Stockholm Declaration
‘States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.’
1.2 Analytical Discussion
Article 4 of world heritage convention (supra) insists “the duty of environmental protection and transmission to future generations of the cultural and natural heritage referred to in Articles 1 and 2 and situated on its territory, belongs primarily to that State. It will do all it can to this end, to the utmost of its own resources and, where appropriate, with any international assistance and co-operation, in particular, financial, artistic, scientific and technical, which it may be able to obtain”
The United Nation Education, Scientific and Cultural Organization (UNESCO) operate to synthesize the two global heritages (world heritage). When you construe Article 4 above, it is easily to note how much the state sovereignty over natural resources has been limited. States are required to adhere to all requirement and provisions of the convention. The UNESCO Convention basis on the recognition that parts of World Heritage of various nations are of outstanding Universal interest and need to be preserved as part of the world heritage of mankind as whole
In 1972 United Nation Conference on human environment came up with the declaration commonly called Stockholm Declaration (supra) with 26 principles on international environmental law. The link between human being and environmental protection is clearly established by principles 1,16 and 21 of the Stockholm Declaration provide a freedom of states to freely use their resources without any environmental damage and without infringing any human basic rights. Both Rio de Janeiro and Stockholm declarations advocate for permanent sovereignty over natural resources The United Nations had once vehemently spoke of the right to Permanent Sovereignty over Natural Resources by G.A. res. 1803 (XVII), 17 U.N. GAOR Supp. (No.17) at 15, U.N. Doc. A/5217 (1962) . Paragraph one declares that the right of peoples and nations to permanent sovereignty over their natural wealth and resources must be exercised in the interest of their national development and of the well being of the people of the State concerned
The UNESCO convention when implemented it infringes some of rights of over natural resources .For instance, when a part of any state is included in the list of world heritage, then that part becomes a heritage of all nations regulated by local legislation and international conventions. For in stance in Tanzania we have world heritage sites like Serengeti National Park and Ngorongoro Conservation Area (NCA). Recently UNESCO threatens to unlist NCA from the listed World Natural Heritage. UNESCO declared that if people’s activities in Ngorongoro won’t be stopped, Ngorongoro Crater would no longer be classified as World Heritage site .
If global governance over national resources becomes reality, there will be no place for indigenous to hide. To respond to UNESCO Deputy Minister for Natural Resources and Tourism Ezekiel Maige surprisingly said,
"We have already directed the Ngorongoro Authority to conduct census for both human population and livestock in the areas so that we can take appropriate measures," .
This implies that UNESCO Conventions contradicts with the principle of sovereignty over natural resources. This is similar to what happen in Wyoming in September 1995 over Yellowstone Park when World Heritage Committee members from Europe and Asia appeared in Wyoming to help radical environmentalist fight the environmentally friendly mining company, they claimed and won the right to censure human activity within the entire ecosystem. In other words, "systems thinking" rather than scientific facts The international assistance has been used a weapon to weaken freedom over natural resources. Article 26 of UNESCO convention (supra) stipulates that.
“The World Heritage Committee and the recipient State shall define in the agreement they conclude the conditions in which a programme or project for which international assistance under the terms of this Convention is provided, ….., in observance of the conditions laid down by the agreement.”
What would be in the agreement? No body knows. This is deviation from national sovereignty to global governance. It is from this system of international cooperation as elaborated by Article 7 of UNESCO Convention (supra) that state sovereignty can be in jeopardy.
‘For the purpose of this Convention, international protection of the world cultural and natural heritage shall be understood to mean the establishment of a system of international co-operation and assistance designed to support States Parties to the Convention in their efforts to conserve and identify that heritage’
But we should remembers that these kind of assistance comes with hard conditions which make states to sell their sovereignty over natural resources to rich or developed countries.
1.3 Conclusion
The UNESCO convention (supra) has primarily good objectives of environmental protection by classifying and preserving the world heritage sites. But if this won’t be exercised with care, then the Principle of sovereignty over natural resources can be infringed In order to achieve a more rational management of resources and thus to improve the environment, States should adopt an integrated and coordinated approach to their development planning so as to ensure that development is compatible with the need to protect and improve environment for the benefit of their population.
NGORONGORO VS UNESCO
THE WAR - NGONGORONGO CRATER VS UNESCO
“The principle of state sovereignty over natural resources in jeopardy “
1.0 Introduction
Cultural heritage is the combinations of features, which are of outstanding universal value from the point of view of history, art or science; these are monuments: architectural works, elements or structures of an archaeological nature, inscriptions, cave dwellings . Examples in Tanzania we have among others the Stone Town, Ruins of Kilwa and Songo Mnara. Natural heritage has been defined as natural features, geological formations and natural sites consisting of physical and biological formations, which are of outstanding universal value from the scientific point of view. Examples of natural heritage sites in Tanzania are Kilimanjaro National parks, Selou Game Reserve and Ngorongoro Conservation area (NCA).
Sovereignty means each state has exclusive jurisdiction within it is territory and to adopt laws and enforce them, adminster the territory and judge dispute there in. The sovereignty rights of states include rights of states to have exclusive over their resources. This was openly provided by principle 21 of Stockholm Declaration
‘States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.’
1.2 Analytical Discussion
Article 4 of world heritage convention (supra) insists “the duty of environmental protection and transmission to future generations of the cultural and natural heritage referred to in Articles 1 and 2 and situated on its territory, belongs primarily to that State. It will do all it can to this end, to the utmost of its own resources and, where appropriate, with any international assistance and co-operation, in particular, financial, artistic, scientific and technical, which it may be able to obtain”
The United Nation Education, Scientific and Cultural Organization (UNESCO) operate to synthesize the two global heritages (world heritage). When you construe Article 4 above, it is easily to note how much the state sovereignty over natural resources has been limited. States are required to adhere to all requirement and provisions of the convention. The UNESCO Convention basis on the recognition that parts of World Heritage of various nations are of outstanding Universal interest and need to be preserved as part of the world heritage of mankind as whole
In 1972 United Nation Conference on human environment came up with the declaration commonly called Stockholm Declaration (supra) with 26 principles on international environmental law. The link between human being and environmental protection is clearly established by principles 1,16 and 21 of the Stockholm Declaration provide a freedom of states to freely use their resources without any environmental damage and without infringing any human basic rights. Both Rio de Janeiro and Stockholm declarations advocate for permanent sovereignty over natural resources The United Nations had once vehemently spoke of the right to Permanent Sovereignty over Natural Resources by G.A. res. 1803 (XVII), 17 U.N. GAOR Supp. (No.17) at 15, U.N. Doc. A/5217 (1962) . Paragraph one declares that the right of peoples and nations to permanent sovereignty over their natural wealth and resources must be exercised in the interest of their national development and of the well being of the people of the State concerned
The UNESCO convention when implemented it infringes some of rights of over natural resources .For instance, when a part of any state is included in the list of world heritage, then that part becomes a heritage of all nations regulated by local legislation and international conventions. For in stance in Tanzania we have world heritage sites like Serengeti National Park and Ngorongoro Conservation Area (NCA). Recently UNESCO threatens to unlist NCA from the listed World Natural Heritage. UNESCO declared that if people’s activities in Ngorongoro won’t be stopped, Ngorongoro Crater would no longer be classified as World Heritage site .
If global governance over national resources becomes reality, there will be no place for indigenous to hide. To respond to UNESCO Deputy Minister for Natural Resources and Tourism Ezekiel Maige surprisingly said,
"We have already directed the Ngorongoro Authority to conduct census for both human population and livestock in the areas so that we can take appropriate measures," .
This implies that UNESCO Conventions contradicts with the principle of sovereignty over natural resources. This is similar to what happen in Wyoming in September 1995 over Yellowstone Park when World Heritage Committee members from Europe and Asia appeared in Wyoming to help radical environmentalist fight the environmentally friendly mining company, they claimed and won the right to censure human activity within the entire ecosystem. In other words, "systems thinking" rather than scientific facts The international assistance has been used a weapon to weaken freedom over natural resources. Article 26 of UNESCO convention (supra) stipulates that.
“The World Heritage Committee and the recipient State shall define in the agreement they conclude the conditions in which a programme or project for which international assistance under the terms of this Convention is provided, ….., in observance of the conditions laid down by the agreement.”
What would be in the agreement? No body knows. This is deviation from national sovereignty to global governance. It is from this system of international cooperation as elaborated by Article 7 of UNESCO Convention (supra) that state sovereignty can be in jeopardy.
‘For the purpose of this Convention, international protection of the world cultural and natural heritage shall be understood to mean the establishment of a system of international co-operation and assistance designed to support States Parties to the Convention in their efforts to conserve and identify that heritage’
But we should remembers that these kind of assistance comes with hard conditions which make states to sell their sovereignty over natural resources to rich or developed countries.
1.3 Conclusion
The UNESCO convention (supra) has primarily good objectives of environmental protection by classifying and preserving the world heritage sites. But if this won’t be exercised with care, then the Principle of sovereignty over natural resources can be infringed In order to achieve a more rational management of resources and thus to improve the environment, States should adopt an integrated and coordinated approach to their development planning so as to ensure that development is compatible with the need to protect and improve environment for the benefit of their population.
“The principle of state sovereignty over natural resources in jeopardy “
1.0 Introduction
Cultural heritage is the combinations of features, which are of outstanding universal value from the point of view of history, art or science; these are monuments: architectural works, elements or structures of an archaeological nature, inscriptions, cave dwellings . Examples in Tanzania we have among others the Stone Town, Ruins of Kilwa and Songo Mnara. Natural heritage has been defined as natural features, geological formations and natural sites consisting of physical and biological formations, which are of outstanding universal value from the scientific point of view. Examples of natural heritage sites in Tanzania are Kilimanjaro National parks, Selou Game Reserve and Ngorongoro Conservation area (NCA).
Sovereignty means each state has exclusive jurisdiction within it is territory and to adopt laws and enforce them, adminster the territory and judge dispute there in. The sovereignty rights of states include rights of states to have exclusive over their resources. This was openly provided by principle 21 of Stockholm Declaration
‘States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.’
1.2 Analytical Discussion
Article 4 of world heritage convention (supra) insists “the duty of environmental protection and transmission to future generations of the cultural and natural heritage referred to in Articles 1 and 2 and situated on its territory, belongs primarily to that State. It will do all it can to this end, to the utmost of its own resources and, where appropriate, with any international assistance and co-operation, in particular, financial, artistic, scientific and technical, which it may be able to obtain”
The United Nation Education, Scientific and Cultural Organization (UNESCO) operate to synthesize the two global heritages (world heritage). When you construe Article 4 above, it is easily to note how much the state sovereignty over natural resources has been limited. States are required to adhere to all requirement and provisions of the convention. The UNESCO Convention basis on the recognition that parts of World Heritage of various nations are of outstanding Universal interest and need to be preserved as part of the world heritage of mankind as whole
In 1972 United Nation Conference on human environment came up with the declaration commonly called Stockholm Declaration (supra) with 26 principles on international environmental law. The link between human being and environmental protection is clearly established by principles 1,16 and 21 of the Stockholm Declaration provide a freedom of states to freely use their resources without any environmental damage and without infringing any human basic rights. Both Rio de Janeiro and Stockholm declarations advocate for permanent sovereignty over natural resources The United Nations had once vehemently spoke of the right to Permanent Sovereignty over Natural Resources by G.A. res. 1803 (XVII), 17 U.N. GAOR Supp. (No.17) at 15, U.N. Doc. A/5217 (1962) . Paragraph one declares that the right of peoples and nations to permanent sovereignty over their natural wealth and resources must be exercised in the interest of their national development and of the well being of the people of the State concerned
The UNESCO convention when implemented it infringes some of rights of over natural resources .For instance, when a part of any state is included in the list of world heritage, then that part becomes a heritage of all nations regulated by local legislation and international conventions. For in stance in Tanzania we have world heritage sites like Serengeti National Park and Ngorongoro Conservation Area (NCA). Recently UNESCO threatens to unlist NCA from the listed World Natural Heritage. UNESCO declared that if people’s activities in Ngorongoro won’t be stopped, Ngorongoro Crater would no longer be classified as World Heritage site .
If global governance over national resources becomes reality, there will be no place for indigenous to hide. To respond to UNESCO Deputy Minister for Natural Resources and Tourism Ezekiel Maige surprisingly said,
"We have already directed the Ngorongoro Authority to conduct census for both human population and livestock in the areas so that we can take appropriate measures," .
This implies that UNESCO Conventions contradicts with the principle of sovereignty over natural resources. This is similar to what happen in Wyoming in September 1995 over Yellowstone Park when World Heritage Committee members from Europe and Asia appeared in Wyoming to help radical environmentalist fight the environmentally friendly mining company, they claimed and won the right to censure human activity within the entire ecosystem. In other words, "systems thinking" rather than scientific facts The international assistance has been used a weapon to weaken freedom over natural resources. Article 26 of UNESCO convention (supra) stipulates that.
“The World Heritage Committee and the recipient State shall define in the agreement they conclude the conditions in which a programme or project for which international assistance under the terms of this Convention is provided, ….., in observance of the conditions laid down by the agreement.”
What would be in the agreement? No body knows. This is deviation from national sovereignty to global governance. It is from this system of international cooperation as elaborated by Article 7 of UNESCO Convention (supra) that state sovereignty can be in jeopardy.
‘For the purpose of this Convention, international protection of the world cultural and natural heritage shall be understood to mean the establishment of a system of international co-operation and assistance designed to support States Parties to the Convention in their efforts to conserve and identify that heritage’
But we should remembers that these kind of assistance comes with hard conditions which make states to sell their sovereignty over natural resources to rich or developed countries.
1.3 Conclusion
The UNESCO convention (supra) has primarily good objectives of environmental protection by classifying and preserving the world heritage sites. But if this won’t be exercised with care, then the Principle of sovereignty over natural resources can be infringed In order to achieve a more rational management of resources and thus to improve the environment, States should adopt an integrated and coordinated approach to their development planning so as to ensure that development is compatible with the need to protect and improve environment for the benefit of their population.
Tuesday, May 5, 2009
RIGHTS OF MASAI
BY VICE CHAIRMAN NGORONGORO ELITES ASSOCIATION (NDUSA)
ONESMO OLENGURUMWA
“MAIGE, MWALYOSI AND NDUKAI DON’T RUSH WE NEED TO RECONCILE ENVIRONMENTAL CONSERVATION AND HUMAN DEVELOPMENT.”
Ngorongoro Elites association (NDUSA) is a professional forum comprised of all elites living in Ngorongoro.It was registered last year under NGO registration Act. Our vision is to have a united elites of Ngorongoro district, whose their togetherness shall be a tool for fast tracking development in Ngorongoro district. NDUSA shall create a united forum of elites in Ngorongoro out of which through advocacy, laws and policy analysis/lobbying and community participation in all matters affecting their livelihood a free, self reliant and prosperous district whose people control their economy, respect and promote principles of human rights and ensuring that Tanzanians exercise permanent sovereignty over their natural resources will be born
In furtherance of the above Vision and Mission, NDUSA shall endeavour to achieve the following aims and objectives:NDUSA to a large extent seek to unite all university alumni and undergraduates to form a single and vibrant district forum for district development and integrity.To see a large number of indigenous communities in Ngorongoro understands and attain the knowledge of their socio-economic rights and civic rights as provided by constitutions and related international instruments.
To create a spiral network between elites in Ngorongoro, NGO’S and Government that aims to provide transparency and efficiency in all development programs within the district purposes. (To open up floor for discussion between elites and community in general.
NDUSA in collaboration with NGO’S, District council and community shall conduct public expenditure tracking survey/system(PETS) to ensure good governance and proper collection, allocation and proper use of resources within the district. NDUSA as group of elites shall as well advocate and lobbying for good laws and national policies that favour the nature of people living in Ngorongoro.
Even though UNESCO declared to un list Ngorongoro as World Heritage site, we need to put the interests and the rights of Masai living in Ngorongoro into first priority. The Ngorongoro Conservation Area, established in 1959, is a pioneering experiment in multiple land use. Prof Mwalosya is informed that, it is possible to have multiple lands use in Ngorongoro.Here pastoralism, conservation and tourism co-exist in a carefully managed harmony. The centrepiece of the Ngorongoro Conservation Area is the breathtaking Ngorongoro Crater which is a caldera .The Act establishes Ngorongoro Conservation area recognizes the presence of Indigenous people living in.
What would they use as their food if you bar them to graze and practice subsistence farming .This is contrary to our constitutions and other international instruments which clamoring for sovereignty over natural resources.After all they don’t benefit from all the billions collected in NCA .This is purely inhumanity to see Big government leaders valuing 30 billions and put aside the lives of poor pastoralists living in Ngorongoro. This is beyond development and harmonization of environment standards in Tanzania, for environmental control to be effective we need a corpus of environmental laws which allows the involvement of regulator and regulated at the same poles. We should encourage Community based Conservation rather than thinking to evict them on their homes.
Therefore we Elites of Ngorongoro, urge the government to be careful with the rights of people living in Ngorongoro crater .We can’t’ say calm incase of any decisions that threatens the survival of Indegegenous in Ngorongoro.We are ready to work together with the government to see how we can transform the community without damaging the environment while respecting their basic rights, and this cant be an overnight activities, it needs huge ivestment and tolerance.
Vice chairman
ONESMO OLENGURUMWA
ONESMO OLENGURUMWA
“MAIGE, MWALYOSI AND NDUKAI DON’T RUSH WE NEED TO RECONCILE ENVIRONMENTAL CONSERVATION AND HUMAN DEVELOPMENT.”
Ngorongoro Elites association (NDUSA) is a professional forum comprised of all elites living in Ngorongoro.It was registered last year under NGO registration Act. Our vision is to have a united elites of Ngorongoro district, whose their togetherness shall be a tool for fast tracking development in Ngorongoro district. NDUSA shall create a united forum of elites in Ngorongoro out of which through advocacy, laws and policy analysis/lobbying and community participation in all matters affecting their livelihood a free, self reliant and prosperous district whose people control their economy, respect and promote principles of human rights and ensuring that Tanzanians exercise permanent sovereignty over their natural resources will be born
In furtherance of the above Vision and Mission, NDUSA shall endeavour to achieve the following aims and objectives:NDUSA to a large extent seek to unite all university alumni and undergraduates to form a single and vibrant district forum for district development and integrity.To see a large number of indigenous communities in Ngorongoro understands and attain the knowledge of their socio-economic rights and civic rights as provided by constitutions and related international instruments.
To create a spiral network between elites in Ngorongoro, NGO’S and Government that aims to provide transparency and efficiency in all development programs within the district purposes. (To open up floor for discussion between elites and community in general.
NDUSA in collaboration with NGO’S, District council and community shall conduct public expenditure tracking survey/system(PETS) to ensure good governance and proper collection, allocation and proper use of resources within the district. NDUSA as group of elites shall as well advocate and lobbying for good laws and national policies that favour the nature of people living in Ngorongoro.
Even though UNESCO declared to un list Ngorongoro as World Heritage site, we need to put the interests and the rights of Masai living in Ngorongoro into first priority. The Ngorongoro Conservation Area, established in 1959, is a pioneering experiment in multiple land use. Prof Mwalosya is informed that, it is possible to have multiple lands use in Ngorongoro.Here pastoralism, conservation and tourism co-exist in a carefully managed harmony. The centrepiece of the Ngorongoro Conservation Area is the breathtaking Ngorongoro Crater which is a caldera .The Act establishes Ngorongoro Conservation area recognizes the presence of Indigenous people living in.
What would they use as their food if you bar them to graze and practice subsistence farming .This is contrary to our constitutions and other international instruments which clamoring for sovereignty over natural resources.After all they don’t benefit from all the billions collected in NCA .This is purely inhumanity to see Big government leaders valuing 30 billions and put aside the lives of poor pastoralists living in Ngorongoro. This is beyond development and harmonization of environment standards in Tanzania, for environmental control to be effective we need a corpus of environmental laws which allows the involvement of regulator and regulated at the same poles. We should encourage Community based Conservation rather than thinking to evict them on their homes.
Therefore we Elites of Ngorongoro, urge the government to be careful with the rights of people living in Ngorongoro crater .We can’t’ say calm incase of any decisions that threatens the survival of Indegegenous in Ngorongoro.We are ready to work together with the government to see how we can transform the community without damaging the environment while respecting their basic rights, and this cant be an overnight activities, it needs huge ivestment and tolerance.
Vice chairman
ONESMO OLENGURUMWA
Monday, April 27, 2009
UNIVERSITY OF DAR ES SALAAM HUMAN RIGHTS ASSOCIATION (UDHRA).
EMAIL udsmhumanrights@yahoo.com
www.udhra.udsm.ac.tz
.MOB ..0717 -082228 /0754710063./0783172394
25TH April 2009
PUBLIC LECTURE ON THE REFLECTION OF 1994 GENOCIDE IN RWANDA.
UDHRA PRESIDENT, ONESMO, OLENGURUMWA CLOSING REMARKS.
Excellencies,
Doctors, lectures, stududents,
Ladies and gentlemen
It is my privilege to bring this remarkable international public lecture reflecting on 1994 genocide in Rwanda to a close.
But before I proceed I would like to bring into your awareness beautiful words said in 70 years by one Activists Pastor Martin Niemoller of German.
‘’About 70 years ago Pastor Martin Niemoller of German who lived between 1892 -1984 said ’first they came for Jews, I did not speak out because I was not a Jew. They came for the communist, I did not speak out because I was not a communist,. They came for trade unionist; I did not speak out because I was not a trade unionist. When they came for me, no one was left to speak out.”Niemoller said that regretting why he did not take any measures when Hitler began torturing and killing people. He thought that he was safe but later he ended up in detention camps. “
I am encouraged by your willingness to share and openly discuss actions, experiences and challenges. Working together across boundaries in this way to address the most pressing issues threatening human kind.
Together, through the Geneva Declaration and convention against genocide, we have deepened our collective commitment to embedding universal values on human kind. Yet as we all know, actions speak louder than words. So as we walk away from this every year reflections and plans to meet again next year, let us each do our share to give practical meaning to the Declaration and convention against genocide.
I call on civil society, university staff, students, media, international organizations and political leaders to remain vigilant and engaged, and continue to hold this kind of international solidarity against impunity.
Finally, let me thank the United Nations Information Centre for their invaluable contributions to this Public Lecture, as their role in fighting impunity will remain memorable. I should as well be fair to appreciate exemplary role Plaid by Embassy of the Republic of Rwanda for their open commitment to create a new Rwanda.We have to send our gratitude’s to our beloved proffer Peter Maina ,Prof,B,Rutinwa for their wonderful and educative lectures. We are glad to say thanks for Tanzania Commission For Human Rights and Good Governance for their acceptance to officiate the event.Lastily but not least ,let me acknowledge the UDSM Human rights association for their great and vigilant role in raising human rights awareness both at international and national level .
Comrades, together, we can achieve a strong spirit of Solidarity against impunity that can create the free world and better place to live. We each have a responsibility in moving our agenda forward. Let us leave here today with renewed commitment.
I now declare the 2009 Public lecture reflecting 1994 genocide in Rwanda formally closed.
“WE PROMOTE AND PROTECT HUMAN RIGHTS”
EMAIL udsmhumanrights@yahoo.com
www.udhra.udsm.ac.tz
.MOB ..0717 -082228 /0754710063./0783172394
25TH April 2009
PUBLIC LECTURE ON THE REFLECTION OF 1994 GENOCIDE IN RWANDA.
UDHRA PRESIDENT, ONESMO, OLENGURUMWA CLOSING REMARKS.
Excellencies,
Doctors, lectures, stududents,
Ladies and gentlemen
It is my privilege to bring this remarkable international public lecture reflecting on 1994 genocide in Rwanda to a close.
But before I proceed I would like to bring into your awareness beautiful words said in 70 years by one Activists Pastor Martin Niemoller of German.
‘’About 70 years ago Pastor Martin Niemoller of German who lived between 1892 -1984 said ’first they came for Jews, I did not speak out because I was not a Jew. They came for the communist, I did not speak out because I was not a communist,. They came for trade unionist; I did not speak out because I was not a trade unionist. When they came for me, no one was left to speak out.”Niemoller said that regretting why he did not take any measures when Hitler began torturing and killing people. He thought that he was safe but later he ended up in detention camps. “
I am encouraged by your willingness to share and openly discuss actions, experiences and challenges. Working together across boundaries in this way to address the most pressing issues threatening human kind.
Together, through the Geneva Declaration and convention against genocide, we have deepened our collective commitment to embedding universal values on human kind. Yet as we all know, actions speak louder than words. So as we walk away from this every year reflections and plans to meet again next year, let us each do our share to give practical meaning to the Declaration and convention against genocide.
I call on civil society, university staff, students, media, international organizations and political leaders to remain vigilant and engaged, and continue to hold this kind of international solidarity against impunity.
Finally, let me thank the United Nations Information Centre for their invaluable contributions to this Public Lecture, as their role in fighting impunity will remain memorable. I should as well be fair to appreciate exemplary role Plaid by Embassy of the Republic of Rwanda for their open commitment to create a new Rwanda.We have to send our gratitude’s to our beloved proffer Peter Maina ,Prof,B,Rutinwa for their wonderful and educative lectures. We are glad to say thanks for Tanzania Commission For Human Rights and Good Governance for their acceptance to officiate the event.Lastily but not least ,let me acknowledge the UDSM Human rights association for their great and vigilant role in raising human rights awareness both at international and national level .
Comrades, together, we can achieve a strong spirit of Solidarity against impunity that can create the free world and better place to live. We each have a responsibility in moving our agenda forward. Let us leave here today with renewed commitment.
I now declare the 2009 Public lecture reflecting 1994 genocide in Rwanda formally closed.
“WE PROMOTE AND PROTECT HUMAN RIGHTS”
Latest albino killings in Burundi reveal flourishing underground trade in body parts
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Posted Thursday, March 12 2009 at 12:56
“They tied up the parents of the albino boy and then chopped off his arms and legs before running away,” a police spokesperson said. “His screaming woke up the entire neighbourhood.”
Related Stories
US decries mob violence and attacks on albinos in East Africa
From the green hills of Burundi where their poisoned blood pools in the grass, the feet, fingers, arms and toes are taken across the border to Tanzania.
There, a rich underground trade flourishes, where albino body parts are in high demand.
A leg can go for $1,000, with the bones being turned into lucky charms, the blood poured into stews, to do everything from ward off evil spirits to bring luck to fisherman on Lake Victoria.
“The war against these killings becomes all the more difficult because the law does not provide for the existence of witchcraft while individuals do,” says Onesmo Olengurumwa, president of the human-rights association at the University of Dar es Salaam.
As a result, he says, albinos are forced into hiding, rarely attend school, can rarely stay employed, and fear for their lives.
Others don’t even get the chance to live in fear.
One victim of the killings last January was a seven-month old baby girl.
Your Email
Message
Send Cancel
Posted Thursday, March 12 2009 at 12:56
“They tied up the parents of the albino boy and then chopped off his arms and legs before running away,” a police spokesperson said. “His screaming woke up the entire neighbourhood.”
Related Stories
US decries mob violence and attacks on albinos in East Africa
From the green hills of Burundi where their poisoned blood pools in the grass, the feet, fingers, arms and toes are taken across the border to Tanzania.
There, a rich underground trade flourishes, where albino body parts are in high demand.
A leg can go for $1,000, with the bones being turned into lucky charms, the blood poured into stews, to do everything from ward off evil spirits to bring luck to fisherman on Lake Victoria.
“The war against these killings becomes all the more difficult because the law does not provide for the existence of witchcraft while individuals do,” says Onesmo Olengurumwa, president of the human-rights association at the University of Dar es Salaam.
As a result, he says, albinos are forced into hiding, rarely attend school, can rarely stay employed, and fear for their lives.
Others don’t even get the chance to live in fear.
One victim of the killings last January was a seven-month old baby girl.
Education on societal morality and public involvement has been cited as important ingredients needed to win the war against the killing of albinos. Using force alone would not solve the problem, University of Dar es Salaam (UDSM) dean of students Dr Martha Qorro said when opening a debate on how to stamp out albino killings. Speaking at the event that was preceded by a demonstration around UDSM main campus, Dr Qorro said the use of force only won?t help to change the perceptions and ideologies of the people. "This is not a matter of showing ympathy or using too much force, it was a matter of changing the mindset of the people? we want to groom people into believing that all human beings are equal," said Dr Qoro. She said there was a need to conduct extensive public awareness campaign to educate people on various issues on albinism as there were a lot of misconceptions about it. Dr Qorro insisted that those engaged in the evil activities of killing fellow human beings in the belief that they might get wealthy fast should be educated. The chairperson of the Tanzania Editor?s Forum, Mrs Sakina Datoo, commended the work being done by the media but added that there was room for extensive investigative journalism to unearth more issues related to myths surrounding albino killings. "Albino killings give a dangerous sign? a sign that our country is heading the wrong direction. Everything starts slowly, when they are done with albinos, next time they will target another group of people," observed Mrs Datoo. She appealed to the public to assist the media in its work to reveal the evils taking place in society on things like albino killings so that the police can get the evidence needed to deal with culprits," she said. One of the participants, Mr George Bakari said it was dismaying that the government failed to protect a section of its people whose population is less than 400,000. The UDSM Human Rights Association chairman, Mr Olengurumwa Onesmo, said the killings create fear as no one knows which group will be targeted next. The debate was organised by the University of Dar es Salaam Human Rights Association in collaboration with German Centre for post graduate studies in Law. Its suggestions will be forwarded to the government, police and other stakeholders for implementation.
SOURCE SUNDAY OBSERVER
SOURCE SUNDAY OBSERVER
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