Serengeti High Way -“The Principle of State Sovereignty over Natural Resources in Jeopardy ”

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Part One

Serengeti plains which contain dominant species acquired national park status in 1951 with extensive boundary modifications in 1959. While Maswa Game Reserve was included as part of Serengeti-Ngorongoro Biosphere Reserve in 1981. The marginalized Masaai community had to be evicted from Serengeti woodlands to allow the expansion of Serengeti National Park in 1959. United Nation Education and Cultural Organization (UNESCO) included it in the list of World Heritage Site in 1981.Part one of this discussion look forward to comprehensively put on lights some important principles of State Sovereignty over Natural Resources in relation to the long protested Musoma - Loliondo to Arusha High Way.
We should all put in our minds that, the construction of Musoma to Arusha High way was a government plan since 1980. President Mwalimu Nyerere by then failed to implement the plan due to external pressure. The plan was abolished by Wold Bank 20 years ago after basing on recommendation of an enviromental impact assesment carried out by the same organ- WB influenced world radical-enviromentalist for their own interests. For many years, modern colonialists have been bussy trying to amalgamate conservation of natural resources and human development objectives.In this way, it is easy to question the sovereignity of Tanzania over its natural resources.


When Former Prime Minister Lowassa and President Kikwete got into pawer in 2005, the Musoma-via Loliondo to Arusha road construction plan was revisited and reemphasized with alot of confidence and patriotism. The need of this road is to link Serengeti- and Loliondo-Districts to the National grid of major roads. The proposed road is suggested in the Governments 10 years Transport Sector Improvement Program (TSIP). In 2010 the Government of Tanzania approved the so called Serengeti High way road plan to construct a €300 million two lane highway from Musoma via Mugumu, Loliondo, Mtoambu to Arusha.The construction of this road is expected to commence in 2012.


As usual, in 2010 the goverment plan to construct a link road for its people received storm protest from regional and international bodies, govermental and non governmental institutions and individuals from across the world. Sounds outrageous because all of these bodies and individual have no legal status to question the internal affairs of any independent state including Tanzania. Suprisingly, some of these pro-wildlife organizations such as Frankfurt Zoological Society African Wildlife Foundation have been for many years working in Tanzania.The goverment of Tanzania embraced some of these wildlife organizations by giving them red capet treatment , but today they are turning against Tanzania’s development programs for its people.In this regard, it obvious that Tanzania is still colonized in the area of natural resources.


Some of these protestants of human develoment and the so called enviromentalists went ahead by stating that Serengeti National Park is under UNESCO therefore Tanzania can do nothing on it.This astonished me and forced me to pick up a pen and ready to tranform my grievances into this public reading material.

Distingushed readers and humble citizens of Tanzania let me bofore all in this Part one, enrich your minds with few aspects of world heritages versus the sovereignity of states.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,Serengeti National Park 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 rights over their resources. Relevant resolutions were firstly adopted by United Nations General Assembly in the years 1950's as initial stages of recognizing this concept as applied to peoples and nations. United Nations recognized this principle as basis for self determination. As the result, United Nation adopted resolution 1803 (XVII) in 1962 that gave the principle momentum under international law in the decolonization process. The General Assembly agreed 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."
This remarkable UN resolution in this field continued to draw attentions in UN assemblies. For instance, in 1966 this principle of state sovereignty over natural resources was entrenched in the International Covenant on Economic, Social and Cultural Rights (ICESCR) of 1966. Furthermore from 1960’s United Nations adopted about 100 resolutions and declarations emphasizing on this principle. For instance, principle 21 of Stockholm Declaration of 1972 insists that;

‘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.’


Article 4 of UNESCO World Heritage Convention of 1972 insists ; “the duty of environmental protection and transmission to future generations of the cultural and natural heritage situated on any territory, belongs primarily to that State. It will do all it can to protect its own resources and, where appropriate (this should be clear) with any international assistance and co-operation, which it may be able to obtain.

On the other hand , 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 and environment came up with the declaration commonly called Stockholm Declaration with 26 principles on international environmental law. The link between human being and environmental protection is clearly established by principles 1,16 and 21 of the Stockholm Declaration provide a freedom of states to freely use their resources without any environmental damage and without infringing any human basic rights. Both Rio de Janeiro and Stockholm declarations advocate for permanent sovereignty over natural resources
The UNESCO convention when implemented it infringes some of rights of over natural resources.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 in 2009, 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. Responding to UNESCO, by then 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.Subsequently, UNESCO’s principles are now quoted and used by dubious and unknown entinties and ravenous individuals to mercilessly protest the contruction of Musoma to Arusha via Loliondo high way. But Article 9 of the Constitution of Tanzania states;
“ as a matter of policy that national resources shall be used for the development of people and in particular used for the eradication of poverty, ignorance and diseases while making sure that human dignity is preserved and upheld in accordance with the spirit of the Universal Declaration of Human Rights”


Moreover, the Constitution of Tanzania stipulates that the resources of the nation should be managed and used towards the eradication of poverty, ignorance and disease for all people, without regard to their colour, age, religion, tribe or station in life.Therefore, it is unconstitutional to invest development programs, including infrastructure progams in other parts of the country in isolation of other parts of the country. Some other grounds given by road protestants are inadmisible, ilogical, inhuman, unconstitutional driven by individual interests sponsored by modern coloniasm over natural resources.
Other countries have gone even to the extent of introducing Serengeti day and celebrate it in their territories.This year Serengeti day was celebrated in different parts of the world but Tanzania which posses Serengeti was in holiday.For instance, Kenya celebrated the world serengeti day at Uhuru park March 2011 with the theme stop the construction of the so called serengeti high way.Dear readers, is this not interference of state’s internal affairs?

If global governance over national resources becomes reality, there will be no place for indigenous to hide. 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.For many years now Tanzania is undergoing financial threats if it proceed with the plan of constructing Musoma to Arusha High way.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. These kind of assistance comes with strong conditions that jeopardizes state sovereignty over natural resources

In order to achieve a more rational management of resources and thus to improve the environment, States should adopt an integrated, independent and coordinated approach to their development planning so as to ensure that conservation programs are compatible with the need to develope and improve the life of their population. I call up all developed nations and international organazations to stop using their financial mighty to undermine the soveregnity of Tanzania over its natural resources.
By Onesmo Olengurumwa
Vice President Ngorongoro Elites Association NDUSA-ndusa@gmail.com
________________________________________
Part One

Serengeti plains which contain dominant species acquired national park status in 1951 with extensive boundary modifications in 1959. While Maswa Game Reserve was included as part of Serengeti-Ngorongoro Biosphere Reserve in 1981. The marginalized Masaai community had to be evicted from Serengeti woodlands to allow the expansion of Serengeti National Park in 1959. United Nation Education and Cultural Organization (UNESCO) included it in the list of World Heritage Site in 1981.Part one of this discussion look forward to comprehensively put on lights some important principles of State Sovereignty over Natural Resources in relation to the long protested Musoma - Loliondo to Arusha High Way.

We should all put in our minds that, the construction of Musoma to Arusha High way was a government plan since 1980. President Mwalimu Nyerere by then failed to implement the plan due to external pressure. The plan was abolished by Wold Bank 20 years ago after basing on recommendation of an enviromental impact assesment carried out by the same organ- WB influenced world radical-enviromentalist for their own interests. For many years, modern colonialists have been bussy trying to amalgamate conservation of natural resources and human development objectives.In this way, it is easy to question the sovereignity of Tanzania over its natural resources.


When Former Prime Minister Lowassa and President Kikwete got into pawer in 2005, the Musoma-via Loliondo to Arusha road construction plan was revisited and reemphasized with alot of confidence and patriotism. The need of this road is to link Serengeti- and Loliondo-Districts to the National grid of major roads. The proposed road is suggested in the Governments 10 years Transport Sector Improvement Program (TSIP). In 2010 the Government of Tanzania approved the so called Serengeti High way road plan to construct a €300 million two lane highway from Musoma via Mugumu, Loliondo, Mtoambu to Arusha.The construction of this road is expected to commence in 2012.


As usual, in 2010 the goverment plan to construct a link road for its people received storm protest from regional and international bodies, govermental and non governmental institutions and individuals from across the world. Sounds outrageous because all of these bodies and individual have no legal status to question the internal affairs of any independent state including Tanzania. Suprisingly, some of these pro-wildlife organizations such as Frankfurt Zoological Society African Wildlife Foundation have been for many years working in Tanzania.The goverment of Tanzania embraced some of these wildlife organizations by giving them red capet treatment , but today they are turning against Tanzania’s development programs for its people.In this regard, it obvious that Tanzania is still colonized in the area of natural resources.


Some of these protestants of human develoment and the so called enviromentalists went ahead by stating that Serengeti National Park is under UNESCO therefore Tanzania can do nothing on it.This astonished me and forced me to pick up a pen and ready to tranform my grievances into this public reading material.

Distingushed readers and humble citizens of Tanzania let me bofore all in this Part one, enrich your minds with few aspects of world heritages versus the sovereignity of states.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,Serengeti National Park 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 rights over their resources. Relevant resolutions were firstly adopted by United Nations General Assembly in the years 1950's as initial stages of recognizing this concept as applied to peoples and nations. United Nations recognized this principle as basis for self determination. As the result, United Nation adopted resolution 1803 (XVII) in 1962 that gave the principle momentum under international law in the decolonization process. The General Assembly agreed 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."
This remarkable UN resolution in this field continued to draw attentions in UN assemblies. For instance, in 1966 this principle of state sovereignty over natural resources was entrenched in the International Covenant on Economic, Social and Cultural Rights (ICESCR) of 1966. Furthermore from 1960’s United Nations adopted about 100 resolutions and declarations emphasizing on this principle. For instance, principle 21 of Stockholm Declaration of 1972 insists that;

‘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.’


Article 4 of UNESCO World Heritage Convention of 1972 insists ; “the duty of environmental protection and transmission to future generations of the cultural and natural heritage situated on any territory, belongs primarily to that State. It will do all it can to protect its own resources and, where appropriate (this should be clear) with any international assistance and co-operation, which it may be able to obtain.

On the other hand , 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 and environment came up with the declaration commonly called Stockholm Declaration with 26 principles on international environmental law. The link between human being and environmental protection is clearly established by principles 1,16 and 21 of the Stockholm Declaration provide a freedom of states to freely use their resources without any environmental damage and without infringing any human basic rights. Both Rio de Janeiro and Stockholm declarations advocate for permanent sovereignty over natural resources
The UNESCO convention when implemented it infringes some of rights of over natural resources.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 in 2009, 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. Responding to UNESCO, by then 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.Subsequently, UNESCO’s principles are now quoted and used by dubious and unknown entinties and ravenous individuals to mercilessly protest the contruction of Musoma to Arusha via Loliondo high way. But Article 9 of the Constitution of Tanzania states;
“ as a matter of policy that national resources shall be used for the development of people and in particular used for the eradication of poverty, ignorance and diseases while making sure that human dignity is preserved and upheld in accordance with the spirit of the Universal Declaration of Human Rights”


Moreover, the Constitution of Tanzania stipulates that the resources of the nation should be managed and used towards the eradication of poverty, ignorance and disease for all people, without regard to their colour, age, religion, tribe or station in life.Therefore, it is unconstitutional to invest development programs, including infrastructure progams in other parts of the country in isolation of other parts of the country. Some other grounds given by road protestants are inadmisible, ilogical, inhuman, unconstitutional driven by individual interests sponsored by modern coloniasm over natural resources.
Other countries have gone even to the extent of introducing Serengeti day and celebrate it in their territories.This year Serengeti day was celebrated in different parts of the world but Tanzania which posses Serengeti was in holiday.For instance, Kenya celebrated the world serengeti day at Uhuru park March 2011 with the theme stop the construction of the so called serengeti high way.Dear readers, is this not interference of state’s internal affairs?

If global governance over national resources becomes reality, there will be no place for indigenous to hide. 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.For many years now Tanzania is undergoing financial threats if it proceed with the plan of constructing Musoma to Arusha High way.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. These kind of assistance comes with strong conditions that jeopardizes state sovereignty over natural resources

In order to achieve a more rational management of resources and thus to improve the environment, States should adopt an integrated, independent and coordinated approach to their development planning so as to ensure that conservation programs are compatible with the need to develope and improve the life of their population. I call up all developed nations and international organazations to stop using their financial mighty to undermine the soveregnity of Tanzania over its natural resources.
By Onesmo Olengurumwa
Vice President Ngorongoro Elites Association NDUSA-ndusa@gmail.com

MA DC NA RC WAGEUKA MIUNGU WATU

WAKUU MIKOA/WILAYA WAGEUKA MIUNGU WATU
Uongozi bora ni uongozi unaoheshimu utawala wa sheria na haki za msingi za raia. Uongozi bora ni lazima utambuliwe kwa kuangalia ni kwa jinsi gani viongozi wetu wa ngazi zote wanatumia madaraka yao vizuri bila kuingilia uhuru wa vyombo vingine vya dola. Kila chombo kinachounda dola ya nchi ni lazima kifanye kazi kwa kuzingatia mipaka yake na kueshimu majukumu ya dola nyingine. Serikali ni mojawapo ya mihili miwili ya dola tuliyonayo hapa Tanzania. Ili kusema nchi inatawaliwa kidemokrasia na kwa kuzingatia vyombo vya dola, ni lazima kuwepo na serikali tiifu, yenye kuheshimu haki za raia na yenye kufuata matakwa ya watawaliwa.
Serikali ya Tanzania imegawanyika katika makundi mawili: Ngazi ya kwanza ni Serikali Kuu na ya pili ni Serikali za Mitaa. Serikali kuu inajumiusha utawala wa mikoa na Wilaya. Wakuu wa mikoa na Wilaya ndio watendaji wakuu wa serikali kuu mikoani wakimwakilisha Rais wa nchi. Hawa wote hupatatikana kwa njia ya kuteuliwa na Rais wakishirikiana na Waziri Mkuu. Wakuu hawa pia ndio wenyeviti wa kamati za ulinzi na usalama wa mkoa na wilaya, na pia ndio wenyeviti wa kamati za siasa kupitia chama Tawala.
Hivi karibuni Wakuu wa wilaya na mikoa wameonyesha utendaji usiokuwa na sura ya uongozi bora. Viongozi hawa wamekuwa wakitumia madaraka yao vibaya kwa kufanya maamuzi yasiofuata misingi ya utawala wa sheria. Matuikio mengine yameonyesha viongozi hawa wakiingilia uhuru wa wa utendaji wa vyombo huru vilioundwa na bunge, mfano tarehe 16 April,2010 Mkuu wa mkoa wa Kigoma aliamuru kufungwa na kumtoa nje ya ofisi mwenyekiti wa Baraza la Ardhi na Nyumba wa Kigoma. Baraza la ardhi na Nyumba ni Mahakama huru iliyoundwa kwa mujibu wa Sheria ya Ardhi ya mwaka 1999 kifungu cha 167 na kifungu 22 cha Sheria ya Mahakama ya Migogoro ya Ardhi ya 2002.
Pia Wakuu wa wilaya wameonekana mara kwa mara wakiingilia Uhuru wa vyombo vya habari kwa kuwatishia na hata kuwatia mbaroni baadhi ya waandishi wa habari wanaojaribu kufichua maovu yanayotendeka katika jamii. Mwaka huu waandishi wa habari watatu walitiwa mbaroni kwa amri ya mkuu wa wilaya wa Hanang kwa kudaiwa kuwa wamekuwa wakiitisha vikao vya uchochezi. Waandishi wa habari wengine pia katika sakata la Loliondo walizuiwa kufuatilia maandamano ya Kina mama kwa kutakiwa kujitambulisha kwa mkuu wa wilaya kabla ya kuanza shungulizi zao za ukusanyaji wa habari. Pia tarehe 5 May,2010 Mwandishi wa habari wa televisheni ya ITV Cosmas Makongo pamoja na mpiga picha wa ITV walifukuzwa na kuwekwa chini ya ulinzi wa polisi baada ya Mkuu wa wilaya ya Ngara Kuamuru waandishi wa habari wasihudhurie mkutano huo wa hadhara na baadaye kuhojiwa na maafisa wa uhamiaji. Vitendo hivi vinavyofanywa na wakuu wa wilaya hukiuka kifungu cha 18 cha katiba ya Jamhuri ya Muungano wa Tazania, kinachotoa haki ya Kutoa maoni , kukusanya nakupata taarifa bila masharti yoyote.
Viongozi hao pia wamekuwa wakitumia madaraka yao kuua dhana ya uwazi na ukweli kwa maslahi yao binafsi. Kwa Mujibu wa Kifungu cha 18 (d) Kila Mtanzania ana haki ya kujulishwa na kupata taarifa kuhusu mambo ya msingi yahusuyo maisha yake ya kila siku. Hivi karibuni Mkuu wa wilaya ya Hanang aliamuru viongozi wawili wa kijiji cha Masquoroda kutiwa mbaroni kwa sababu viongozi hao walitaka mchanganuo wa matumizi ya pesa za mwenge walizochanga kabla ya kuanza michango mingine ya mwaka huu. Vile vile katika Mkoa huo huo wa Manyara wanachi walionekana wakinyimwa haki yao ya kuhoji kwa kutakiwa kutoka nje ya kikao, suala lililopelekea ugomvi mkubwa kati ya Mbunge wa Simanjiro mtetezi wa wananchi na Mkuu wa Mkoa wa Manyara.
Pamoja na hayo hivi karibuni wakuu wa mikoa na wilaya wamekuwa wakishutumu, kutishia na kutupia lawama asasi za kiraia zinazotetea haki za wanyonge Tanzania. Mfano, wawakilishi watatu wa asasi za kiraia zinazofanya kazi wilayani Ngorongoro waliwekwa rumande na kunyimwa dhamana kwa muda wa siku moja kwa madai ya kwamba wao ndio waanzilishi wa maandamano ya akina mama yaliyotarajiwa kufanyika Loliondo mwezi April,2010. Waliokamatwa ni wafanyakazi wa mashirika yasiyo ya kiserikali yanayotambulika Kisheria kwa kuwa na usajili sahihi kwa mujibu wa Sheria ya mashirika yasiyo ya kiserikali nambari 4 ya mwaka 2002. Hivyo basi, viongozi wa usalama Wilayani Ngorongoro walipaswa kufuata taratibu kwa mujibu wa sheria hiyo.Huko Songea DC Ole Sabaya kageuka tishio kwa NGOs na wafuasi wa vyama vya upinzani.
Wanaharakati tumebaini kuwa baadhi ya viongozi wa serikali mikoani hasa wakuu wa mikoa na wilaya wamegeuka kuwa miungu watu kwa kutumia madaraka yao vibaya bila kujali dhana nzima ya utawala wa sheria. Ili Tanzania ijitambulishe kama nchi inayo ongozwa kwa misingi ya utawala bora, watanzania wote tunapaswa kukemea vitendo vyote viovu vinavyofanywa na watawala wetu mikoani. Viongozi wa mikoa na wilaya wanapaswa kuwa wawajibikaji, wawazi na wenye kuheshimu haki za msingi za binadamu kama zilivoainishwa katika katiba ya Nchi.

Natural Resource Curse in Ngorongoro

Natural Resource Curse in Loliondo

Ngorongoro District is the richest District in Tanzania in terms of natural resources, but surprisingly the district is leading in resource based conflicts and poverty.Ngorongoro Districts produces more than 50 billion per year yet its people do not enjoy part of the collected resources equally.For instance Nngorongoro Conservation Authority collects about 40 billion per year but the District Council do not receive any distribution for the development of its people. In Ngorongoro local communities are weakened in favour of investors. It is polarisation of wealth and poverty at two opposite extremes. It is all sheer robbery, criminal plunder of the weak by the strong. Condemnation of pastoralists and cultivators as simply trouble-mongers, who must be dealt with, has never ceased since 1992 when OBC acquired village land in Loliondo. Mashrooming of tourism related investment activities found to be key player to the resource based conflict in Ngorongoro. Citizens from the grass root are not involved in policy making. Natural resource curse, became new player due to the fact that indigenous don’t benefit from natural resources around them. The rights to exercise permanent sovereignty over natural resources have been put in jeopardy in Ngorongoro ever since. The parasitic stratum between Investors through Government officials revealed the way Natural resource curse play a role to endlessly resource based conflicts in Ngorongoro and Africa in general.Masaai in a have lived with the nature for many years now but today they named as destroyers of the environment. Who is killing Loliondo between pastoralist and investors like OBC? The answer is simple its investment activities on the land that kill the nature of Loliondo but not pastoralists. Animals and livestock have been in many years in coexistence then how come today agents of investors stand and mislead the public about the current situation in Loliondo.

Resource-based conflicts should constitute one of the major development challenges in Ngorongoro. Indeed, this is consistent with the reality all over the dry lands of Africa where conflict has become endemic. In a global review of pastoralism and conflict, have shown how areas occupied by pastoralists are characterised by conflicts emanating from competition for natural resources. Competition for access to range resources leads to conflict among pastoralists and between them and other livelihoods and land use systems that seek the use of the same resources. The ongoing displacement of pastoralist in Ngorongoro District is just continuation of the movement started during colonial time in 1958. The on going progress of demarcating village lands in Loliondo aims at cutting about 1,500 Sq.Km from 4,5000 Sq land size of Lollindo Game Controled Area and remove all remove all pastoralist villages to form a Baffer Zone.When the process of despalcing pastoralists becomes true then almost 75 % of Ngorongoro territory will be realocated exclusively for wildlife tourism management leaving out the pastoralists without necessary resources like land, pasture and water for their livehoods.This was even emphasized by the Minister for Natural resources Hon Ezekiel Maige who visited loliondo on 21st/12/2010 in a bid to respond to various allegations raised by Habari cooperation that Loliondo Game controlled area is dying.

“ I now leave loliondo, but you should all know that my visit to loliondo was not for village land demarcation but I came to verify the rumors disseminated by a media through the entire country that Maasai in Loliondo under the assistance of NGOs and religious institutions have resorted to destroy the loliondo game controlled area… surprisingly what I saw is not the same as what the papers have told the public…but you should all know that village derrmacation program is still on the way to come..but this can be the last resort after attempting other measures” Said the minister.

The demarcation of the village land was not the main issue during his visi but many Loliondo councilors and villagers admit that the minister ensured them that the loliondo village land will be exclusively reallocated for wildlife tourism management leaving out pastoralists without their prime land and other resources.Yanick Doinyo who is Ololosokwan ward councilor had this to say when talked to me over the phone.

“The minister managed to walk all over the entire forest with us and we observed that there is no any serious environmental degradation as it was reported by a certain media outlet. There were no farming activities, no big heards of cattle, no permanent building and no excessive burning.but the minister admitted that there is serious conflict in the area which needs a resolution involving all stakeholders…the minister was very wise and obedient to local leaders defferent with the former minister…angekuwa ni Yule mama nadhani ingekuwa ni vurugu..we real hope the problem can be resolved amicably without harming the community” Said Hon Doinyo.

Onother reliable source revealed that the minister condemned the OBC boss for siding only with DCs and RC’s and forget to reconcile with local communities.
“Nilazima OBC mtambue vijiji nao wanahaki zao, hii ni ardhi yao hamna hifadhi eneoe hili zaidi ya kuwa eneo la uwindaji..msipotaka usuluushi na wananchi mtakuwa kaitka hali mbaya zaidi” said the minister
The case of Loliondo unlawful eviction was a hot agenda in 2009 parliamentary debates, as well as at national and international forums. This happened after malicious and ruthless operations carried out in Loliondo by Police forces in collaborations with OBC. The matter was later taken to the parliament for deliberation. I have found out that, the report of the Parliamentary committee sent to probe the matter in Loliondo was not presented in the parliament because of political interests. The Government justified its brutal actions by saying the victims of Loliondo evictions were Kenyans causing nuisance to an investor from Arab. When addressing the assembly, one of the members of parliament had fiercely condemned the government for embracing and giving red carpet treatment to investors at the expense of its people.

“Mbona Mwalimu Nyerere alikuwa anawakatalia hata Wazungu mambo mengi tu! Alikuwa anawakatalia! Lakini siku hizi sisi tunawakumbatia sana wawekezaji, tunaacha kuwasikiliza wananchi.” The MP uttered.(Why ,Mwalimu Nyerere could refuse to accept many of the things which were asked by foreigners! , he used to reject many things from foreigners, but to day we embrace investors so much at the expense of citizens.)Uttered the MP

The eviction of Maasai pastoralists from the reserve [Mkomazi] in 1988 was done to create a conducive environment for wildlife species. Eviction of people from their land, under any cover, is a “gross violation of human rights.”In reference to the Ramsar Site Convention of 1971 the Lake Natron area was declared to be Ramsar site without peoples concern and hence became a threat to presence of pastoralist living around the lake on their jurisdiction and sovereignty over natural resources. Pastoral communities have for many years been moving to the south, Tanzania tremendously faces another kind of the Maasai migration to urban centers beginning during early 1990s in search of wage labour and other income earning activities. The reasons for such movements include loss of livestock due to diseases, drought, and limited land for livestock keeping, worshiped investors like OBC, extended conservations , expansion of protected areas etc. The land leased to OBC and the other sold to Thomson Safari in Loliondo are seasonal migrated corridors. The same situation was found taking place in Sudan whereby most of the pastoralist seasonal migrated corridors were granted to investors from U.A.E, Saudi Arabia and Egypt.

The Ngorongoro Conservation Authority (NCA) occupies more than a half of the District land (59%). All people within the conservation area have no right of ownership and even villages are not recognized. Mount Lengai and Lake Natron Game controlled have been hunted by NCA and hash Project companies. The erosion of pastoralist land to the hand of outsiders did not cease, currently Thomson Safaris Company possess 12000 acres of pastoralists grazing land.The situation in Ngorongoro District is defined by competition for access to land and natural resources underpinned by competing land uses and livelihoods. From the 1990s onwards, land disputes between settled agricultural and mobile pastoral people have become more common in Tanzania. These land disputes have been due to land alienation and multiple allocations of land/resource rights on village lands.

Conflicts on village lands have developed when State authorities have favored land allocations to investors at the expense of pastoralists. Liberalization has prompted high marginalization. Thus causing conflicts over natural resources. This was possible because when they move elsewhere in order to secure for forming and grazing are, they cause conflict with people they meet, we have at hand live examples at Rufiji, Ihefu, Kilosa and lindi. Ruthless evictions have been carried out in forms of promoting investment and attracting foreign investment and attracting foreign investor land has been alienated to hoteliers for purpose of tourism in and around National parks We currently have great conflicts with hoteliers at Ngorongoro who wants to build hotels almost every where at conservation area while the laws prohibits indigenous to build modern buildings. Also exclusive hunting right granted to outsider like (OBC) in Loliondo all these is evident from discussions with villagers and other stakeholders in the District, that a major cause of conflict between conservation related investors and local communities in the district is the information gap that surrounds the grant of licenses to the investors, the terms under which the licenses are granted, and the benefits that communities are supposed to get from the operations. This is now what we call a natural resource curse in Ngorongoro.
A key cause of this situation is the lack of clarity about the legal status of the land and the relative powers and responsibilities of the central government and the village authorities regarding the management of access to the land for purposes of conservation related investments. A key example is OBC in 1992 was granted the land without people’s consultation and District council signed on behalf of villages. The above act of District councils amounts to violation of constitutional rights. The situation is further complicated by the multiplicity of policy, legal and institutional mandates surrounding the Loliondo Game Controlled Area.Loss of Land though Government acquisition and creation of conservation areas and game reserves have deprived people’s Land. Such measurers have created Land less mobile pastoralists and farmers. Lack of community participation in land use planning and zoning for different use is the main source of conflicts in Ngorongoro.The central focus of the community complaints is that they are not considered (hatushirikishwi).Many land laws reforms have been made since colonial time through independence up to now, without any positive concern to improve pastoral land tenure. Tanzania 1990’s land laws reforms and 2009 Wild Life Act have been noted to have negative implication on pastoral land tenure. Pastoralism needs a vast chunk of land to practice rotational grazing. The new land law is silent on the question of pastoral land rights. The pastoral livelihood and lifestyle have been forced to change to meet the requirement of the new land laws. Copping mechanism like migrations to cities and economic diversification have been the best options for pastoralist to secure their lives. Pastoralist land has been named as No man’s land and categorized into group of general land. Encroachment of the pastoral lands to allow huge investment and expansions of the protected areas has been and order of the day and leave pastoralist as internally displaced people. The National Land Policy condemns pastoralist as unfriendly to environment. The given process of certification of the village land by the new land laws to secure their village lands is cumbersome, prohibitive and bureaucratic.
By Onesmo Olengurumwa Vice President Ngorongoro Elites Association (NDUSA)
Ndusa2008@gmail.com

MALI ASILI YAGEUKA LAANA LOLIONDO

MALIASILI YA YAGEUKA LAANA LOLIONDO
Na Onesmo Olengurumwa.
Loliondo
Kwa ufafanuzi wa haraka haraka mali asili inaweza kutafsiriwa kama rasilimali ambazo Mungu amewajalia wanadamu kulingana na maeneo na mazingira yao. Unapozungumzia mali asili unazungumzia vitu kama mafuta ambayo upatikana zaidi katika nchi za kiarabu, uoto wa asili kama vile mapori na mbuga,wanyama pori ambao upatikana zaidi maeneo yenye wafugaji kama Tanzania na madini ambayo Tanzania imebarikwa kwa kuwa na madini mbalimbali kama dhahabu na Tanzanite.

Tafiti zangu nying zinaonyesha katika sayari yetu hii mali asili badala ya kuwa Baraka kwa jamii zilizotunza na zinazoishi na rasilimali hizo imegeuka kuwa laana kwao.Hii inakuwa laana kutokan na utaratibu mbovu wa usimamizi wa rasilimali hizi, pia inatokan na haki za msingi za wananchi hao kupuuzwa na kuvunjwa na serikali kuwakumbatia wachache kw maslahi ya wachache.Hatimaye mazingira kama haya huwafanya wanachi wazidi kufukarika zaidi huku wachache wakineemeka na rasilimali za nchi.Mwishowe tumeona umwagaji wa damu na machafuko mengi baada ya wananchi kuamua kupigania haki zao za msingi.

Dunia Kuna maeneo mengi ambayo mali asili kama mafuta, madini , misitu na ardhi yamegeuka kuwa laana badala ya Baraka kwa wananchi kwa sababu mbamlimbali.Sababu moja kubwa ni wananch waliotunnza na wanaozunguka rasilimali hizo kuupuzwa na pengine kutengwa kabisa na neema hizo.Eneo la Mto Delta huko nchini Nigeria ni mfano mzuri kuutumia kama sehemu ambayo mali asili imegeuka kuwa laana badala ya Baraka.Damu nyingi umwagika kwa kile kinachoitwa kupigania haki ya kumiliki mali na kunufaika na mali zao zitokanazo na mto Delta.Nchini Sudan hali si shwari pale Darfur au kusini mwa Sudan, pia hapa napo ni laana itokanyo na mali asili.Kujiridhisha zaidi tembelea Jamhuri ya watu wa Kongo uone jinsi mali asili ilivyogeuka kuwa laana na maafa kwa taifa lile lenye utajiri wa madini ya kila aina.Kwa udadisi zaidi angalia mashariki ya kati na jaribu kuchnguza kwa undani nini hasa chanzo cha migorogoro isiyokwisha.

Hapa hapa kwetu katika migodi ya madini, jaribu kupiga picha za haraka haraka katika migodi kama ya North Mara alafu jipe jibu tuna Baraka au laana.Wananchi wa Tarime wametunza milima ya dhahabu kwa miaka mingi lakini kwa sasa wamevamiwa na kufanywa kuwa maskini wa kutupwa, wamegeuka kuwa kama fisi waliobahatika kumkamata pundamlia mnono na baadaye simba kutokea na kuwanyaganya windo lao na kuwageuza kuwa walamizoga.Hali iliyopo kwenye migodi na maeneo yetu ya mali asili haina tofauti na mfano huo wa simba na fisi.Wananchi wamenyang’anywa rasimali zao na kutupwa pembeni wakikodolea macho na mate yakitiririka midomoni mwao mithili ya fisi anayesuburi mzoga toka kwa simba.
Wananchi wanyonge wamefanyiwa kila aina ya udhalimu, wamefyatuliwa risasi kama wanyama pori wengine wakafa na wengine kuwa vilema.Migodi ya Tanzania watanzania wengi wanauwa kinyamela. Zadi zaidi nyumba zoa zimechomwa moto na kuwafanya wageuke kuwa watu wasion na makazi kwa kile kinachoitwa wanambughuzi mwekezaji, mifano tuliyonayo ni ya Kijiji cha Nyamuma Serengeti na vijij vya Loliondo.
Miaka ya 1950 wananchi wa Ngongoro waliokuwa wakiishi maeneo ya Serengeti ambao kwa sasa ni Hifadhi ya Taifa walirubuniwa na wakoloni na kuhamishiwa maeneo ya bonde la crater na maeneo ya loliondo.Kwa Mujibu wa wazee wa enzi hizo wananchi wa ngorongoro waliahidiwa hawatabuguziwa tena kutokana na kwamba maeneo yao yameshakuwa finyu zaidi.Waliadiwa watapata maendeleo mengi kwa kupitia mchango utokanao na maliasili. Lakini hali ilivyo sasa ni tofauti kabisa, wanachi wanaendelea kufukuzwa kwenye maeneo yao bila kufahamu watakapokwenda, wananchi wananyimwa kuchunga mifugo kweneye maeneo yao ya malisho ili kutoa fursa kwa miungu watu kuendelea kunufaika na rasilimali walizopewa watanzania na Muumba wao.Wananchi hawana maisha bora kabisa, bado asililmia 90 hawana elimu na hawana uhakika wa maisha baada ya mifogo yao kuawawa na ukame.
Wafugaji wanapakaziwa kuwa ndio waharibifu wa mazingira, ilhali ndio watunzaji wazuri wa misitu, mbuga, mito, milima na wanyama katika hifadhi na mbuga zetu.Wamasai wanaheshimu sana mazingira kwa sababu asilimia 90 ya maisha yao hutegemea rasilimali hizo.Sasa iweje leo aharibu rasilimali zinazomfanya aishi.Wamasai hawaitaji kula wanyamapori, hawajengi magorofa, hawachomi mkaa pia hawalimi mashamba makubwa zaidi ya vibustani.Mfano tamaduni hazirusu kukata mti mbichi kwani kufanya hivyo ni kuuwa maisha na malisho ya mifugo.Kwa hali kama hiyo nani mwenye akili timamu atathubutu kuwaita wafugaji wa loliondo waharibifu wa mazingira zaidi ya vibaraka wa mafisadi wanaofaidika na rasilimali za Ngorongoro.

Ni mwendazawazimu gani huyo mwenye njaa kali hadi kuamua kununuliwa ili aeleze umma kuwa kengele za mifugo ndio hufukuza wanyama?Je kati ya kengele za ngo’mbe na madege makubwa yenye uwezo wa kubeba magari zaidi ya kumi na yanayotoa mlio mkuwa unaosafiri umbali wa kilometa 100 yanayotua katikati ya pori tengefu la loliondo ni ipi huleta hofu kwa wanyama na viumbe wengine wakiwemo wanadamu? Bila shaka hata mwanafunzi wa shule ya awali atajibu mingurumo ya midege hiyo mikubwa ndio hufukuza wanyama lakini vibaraka wa wachache wanaonufaika na rasilimali za Ngorongoro watasema ni kengele za ngo’mbe ndio huaa Loliondo.Kwanza sheria za nchi haziruhusu madege makubwa kutua karibu na wnayama lakin suala la loliondo limekuwa juu ya sheria.Watu kama hawa ni walarushwa, wabinafsi, wababaishaji, wauaji,wasio na hata chembe ya huruma na vipandikizi vilivyowekwa kwa ajili ya mapepari wachache.Watu kama hawa hawafai kwenye jamii wanapaswa kusulibishwa kwa lengo la kuinusuru jamii.
Haitoshi vibaraka hao wakaendelea kuzungumzia wasichokijua kwa kusema makundi ya mifugo loliondo hufukuza wanyama.Ngoma isiyo kuhusu husiicheze, je mnajua kuwa wanyama na mifugo ni marafiki(They coexist) , je mnajua wanyama kama pundamilia na wengine wanaowindwa na wanyama wakali hupenda kwenda sambamba na makundi ya mifugo kama njia ya kuimarisha ulinzi wao.Je anajua kuwa mida ya ijioni wanyama wote kama tembo, twiga na punda hupenda kuja kulala karibu na maboma ya wamasai kwa usalama zaidi.Je anajua kuwa wanyama kama nyumbu huwa hawazaalii kwenye mapori bali mbugani kwa ajili ya usalama dhidi ya wanyama wakali.Sasa inakuaje leo mseme wafugaji katika pori tengefu la loliondo huaribu mazalia ya nyumbu.Hakika hakuna lolote mnalowaeleza umma zaidi ya umbumbumbu wa mila na desturi za wafugaji, rudini kwa waliowatuma waambieni kwa sasa hakuna aliyewaelewa, pengine tafuteni hoja nyingine.Inakuwaje leo hii tu ndio wafugaji wawe waharibifu na si huko nyuma.
Asilimia zaidi ya 80 ya ardhi ya Ngorongoro ni ama mbuga.hifadhi au mapito na malisho ya wanyama.Na kwa miaka ming sasa wanyama na mifugo wamekuwa wakila, kunywa na kulala pamoja.Hakuna majangili masaini maana wamasai hawana desturi ya ujangili na wala si wafanya biashara, sasa inakuwaje mseme kuwa wamekuwa majangili wa kuua tembo, je faru wanaoua huko hifadhi ya Serengeti ni wamasai ndio wanausika.Na kama ni majangili leo kingekuwa na mnyama hata mmoja katika maeneo ya wafugaji? Na je wanyama wangethubutu kwenda kula na mifugo au kulala karibu na maboma.
Wafugaji wa Ngorongoro wametunza haina zote za wanyama hata wale hadimu kama faru, lakini baada ya shughuli za utaalii na uwindaji kushika hatamu wanyama wanazidi kupungua na wengine wametoweka kabisa kama faru na mbwa mwitu.Je hii sio laana ya mali asili itokanoyo na dhuluma dhidi ya wenye mali hizi.Hivi kati ya mwekezaji katika pori la loliondo na mfugaji nani kamvamia mwenzake au nani anaiua Loliondo? Eneo la pori tengefu la loliondo lipo ndani ya ardhi ya vijiji, je nani ana ubavu wa kumnyima mwanakijiji asitumie ardhi yake. Je uwindaji na uchungaji kipi hufukuza na kumaliza wanyama, jibu lake watanzania wazalendo watanisaidia kuwajibu.
Mmeona haitoshi tu kupora rasilimali za wanangorongoro sasa mmeona mwaite si watanzania bali wakenya.Roria kuna wajaluo ambao pia wapo Kenya,Tarime kuna wakuria ambao pia wapo Kenya, kigoma na maeneo mengine ya mipakani ni hivyo hivyo pia, sasa inakuwaje wamasai wa loliondo muwaite wakenya? Au kuna mipango ya kuwanyaganya ardhi yao yote na hatimaya kuwafukuzia Kenya.
Wanangorongoro wamebakia kuwa maskini wakutupwa, huku wilaya ya Ngorongoro ikiikusanya zaidi ya billion 50 kila mwaka kutokana na mali asili zilizosheheni wilayani hapa.Je hali kama hi si laana ya mali asili?Wafugaji hawa hawana tofauti na Fisi alienyang’anywa windo lake na Simba, na kila akijaribu walau kumega hata mguu simba hucharuka na kuwararuaraua.Mbaya zaidi mifugo karibu robo tatu ya wanangorongoro mwaka jana ilikufa na maboma kugeuka makaburi kutokana na ukame baada ya kufukuzwa katika maeneo ya kuchungia kipindi cha ukame kwa lengo la kumfurahisha mwekezaji.
Rasilimali za Ngorongoro zinawanufaisha wachache tu, wananchi hawapati fursa yoyote itokanyo uwepo wa rasilimali hizo.Watu wachache wamehodhi hata fursa za ajira katika shughuli za kitalii. Mfano Katika kambi ya mwarabu mabasi na malori siku huchukua watu toka miji ya mbali kabisa kwenda kufanya kazi katika makambi ya wawekezaji na kuwaachaa wanangorongoro bila fursa yoyote.Hii ni tofauti na henzi zile tulipokuwa tunasombwa na malori ya mwarabu kwenda kufanya kazi huko makambani, utaratibu ulitoa ajira kwa vijana wengi wa wilaya hii.Kwa sasa Wanaofanya kazi maeneo hayo ni jamaa, rafiki, wajomba na ndugu wengine wa mabosi na mabenager amboa pia nao wametoka mbali..Wananchi hawapati fursa yoyote hata katika taasisi za serikali kama vile Mamlaka ya Hifadhi ya Ngorongoro, ajira na fursa zingine zimekuwa zikitolewa bila kutoa vipaumbele kwa wanangorongoro wenye taaluma hizo.
Ni wachache wamepeta fursa hizo na hao pia ni kutoka sehemu ndogo ya wilaya na si wilaya nzima kwani ni vigumu kumkuta mkaazi wa tarafa za Loliondo na Sale wakifanya kazi katika mamlaka ya Ngongoro.Eneo linguine la kutazamwa zaidi ni Mamlaka hii ya Ngorongoro ambayo imekuwa ikipata fedha nyingi zaid ya biliion 40 kwa mwaka lakini halmshauri ya Nogorongoro haiambulii chochote.Je hii Baraka au laana.Matumizi ya uendeshaji wa Mamlaka ni makubwa mno.Wananchi wanalalamika kuona magari ya kifahari yakitumika kwa wingi ndani ya mamlaka.Mbaya zaidi hata lilie fungu lillokuwa likisomesha sehemu ndogo ya wafugaji wa ngorongoro bila pia kuwagusa wananchi wa tarafa za Loliondo na Sale nazo wamezifuta.Kwa sasa Halmashauri ya wilaya ya Ngorongoro haina tena mapato yatokanoyo na mali asili baada ya serikali kuu kupokonya vyanzo vyote wakidai watatuma 20%.Je kweli ni haki hii kwa halmashauri iliyopo ndani ya wilaya tajiri inayo ingiza zaidi ya 50 billion kuwa na mapato yatokanayo na mali asili yasiyofika hata million 20.
Je hii ni Baraka au laana, mmewafukuza toka Serengeti, mmewafukuza katika pori la loliondo, mnaendelea taratibu kuwafukuza toka bonde la crater na maeneo ya Tarafa ya Ngorobgoro,mnampango wa kumega ardhi yao ya vijiji kumtengea mwekezaji ardhi, huko soit sambu mmeuza shamba waliloazimwa TBL kwa makampuni ya utalii na pia mnajiandaa kuuteka mlima lengai na ziwa lake.Je wananchi hawa watiifu na wanyonge waende wapi na wale nini? Kwa hali kama hii ni rahisi kupata jibu kwa nini wanawaita wakenya.
Hakika wanachi wa Ngorongoro ni wavumilivu sana na wanahitaji pongezi.Hawana uhakika wa maisha kwani hawana tena maeneo ya malisho, ukame pia unaendelea kutafuna mifugo yao, hawajasoma na hawawezi kufanya biashara, wanaambiwa wajaribu kulima, lakini watalima wapi kila wakilima vibustani wanaambiwa wanaharibu mazingira.Ama kweli hiki ni kiama cha wafugaji, na ndo maana wengi wao wameamia mijijini kukaa milangoni mwa matajiri na kuwalinda wao na mali zao.Maisha yao nayo mijini ni ya kusikitiksha sana hawana pa kulala zaidi ya barazani na magetini.Je ni nani atajitokeza na kuwaokoa wanyonge hawa kabla hawajafia na kutokomea mikononi mwa wachache wenye roho za chuma na macho ya kikatili yenye kuangalia ni wapi pana shilingi bila kujali roho za wanyonge kama wamasai.Wanataka kuzifuta NGO’s zinazojitokeza kuwaelimisha wananchi kujua haki zao, lengo lao ni kundelea kuona wananchi wanabaki kuwa vipofu wa haki zao ili waendelee kuwanyanyasa zaidi.Lakini tunawakikishieni kuwa hakuna shirika lolote lile litakalo futwa au kupata msuko suko wowote ilmradi wanatambulika kisheria.
Naandika haya nikiwa kama sehemu ya jamii hii inayoelekea kutokomea, wanaopata matatizo ni jamaa na ndugu zetu, Mwalimu Nyerere alitufundisha tuitane ndugu, nami naamini watanzania wote ni ndugu zangu na lazima tujitoe muanga kuwasaidia ndugu zetu.Nayosema sijahadithiwa na wala sijapewa ili nilipwe la hasha, ni ya kweli na mengine nimeashuudia.Baadhi ya wawekazi nilishafanya kazi nao kama kibarua katika pori tengefu la lolionndo.Hivyo tunawajua fika na baadha ya watawala wanaoshrikianao nao kila kukicha pia tumewaona mara kwa mara wakija chikua mafao yao katika viikulu vya kifalme vilivyoko ndani ya pori la Loliondo.Tunahitaji wazalendo wote tusimame na kuikoa jaamii hii nyonge inayoelekea kutoweka katika ardhi waliopewa na mola.
Asante kwa kusoma
Imeandaliwa na Onesmo Olengurumwa Makamu Raisi Umoja wa Wasomi Ngorongoro (NDUSA). Email ndusa2008@gmail.com

Situation of Human Rights Defenders in Tanzania

Prepared by; Onesmo Olengurumwa
Research Officer Legal and Human Rights Centre
10th December, 2010 Presented at Karimjee Hall
Organized by CHRAGG
1.0 who is human rights defender

Human rights defender” is a term used to describe people who, individually or with others, act to promote or protect human rights,

Human rights defenders are identified above all by what they do and it is through a description of their actions,

Human rights defenders are individuals and groups, such as non-governmental Organisation (NGO), Workers, lawyers, journalists, University students leaders, and private individuals, political activists who criticise government policies, Trade Union, workers Associations and judicial activists who stands boldly to defend the rights of people and raise awareness of human rights.

2.0 What Do they Do?

Monitor and report Human Rights violations such as witchcraft killings, extra judicial killings, arbitral use of power etc.)
Stand for the rights and freedom of minority and indigenous groups
Expose corruption
Fight against harmful traditional practices ( eg FGM, Children abuse, women discrimination etc)
Rise Public awareness on human rights issues
Document all sorts of human rights violations
Helping to draft appropriate legislation, and in helping to draw up national plans and strategies on human rights.

2.1HRD,s Most at Risk
Investigative journalist
HRD’s from indigenous /minority groups
Human Rights NGO’s
University Students leaders
Political activists
Human Rights lawyers
HRD’s in Rural areas
3.0 Challenges of HR Defenders

Defenders themselves have increasingly become targets of attacks and their rights are violated in many ways as follows:
Threats from the government officials, harassment, detention, ill-treatment, illegal arrest, torture, fabricated cases, selected judicial proceedings,
Lack of legal protection at national level
Access to information,
lack of national unity and solidarity among HRD’s
Restrictions on their freedoms of movement, expression, association and assembly
Lack of organizational/institutional security plans,
Financial problems
Corruptions
Perception that Tz is peaceful country and Tanzania’s human rights record is the best,
Lack of clear collaboration between media and HR organizations
Low level of Human Rights awareness
Intimidation to active diplomatic missions

HIV/AIDS Pandemic in Tanzania: Situational Analysis in Human Rights and Legal Perspectives.

HIV/AIDS Pandemic in Tanzania: Situational Analysis in Human Rights and Legal Perspectives.
A Paper Presented During the World Aids Day at Ubungo Plaza Hotel, 29th, November, 2010

Theme of the Day: Universal Access and Human Rights

“Lights of Rights”



BY ONESMO OLENGURUMWA












“It is imperative to remember that for the growing number of people worldwide who lack access to adequate health care, as well as to the basic needs for health and well being, those advances lack meaning; HIV remains a death sentence.” Professor Priscilla Wald


1.0 Introduction
Fundamental social rights, including the right to education, health services, clean water and other essential elements, are paramount to fully enjoy other human rights, including the right to life and the right to development. Like other rights, social rights are also guaranteed by the International Covenant on Economic, Social and Cultural Rights of 1966, which was ratified by Tanzania in 1976. This paper reports the level of implementation of health right HIV/AIDS in particular, focusing on legal protection and challenges, with the view of making positive suggestions for change.

HIV/AIDS takes the lives of millions of people every year, making it one of the most destructive pandemics in history. Since the emergence of AIDS as a major health emergency, the epidemic has had a serious and, in many places, devastating effect on human rights and development. In Tanzania, HIV/AIDS has caused an increase in orphaned children, the breaking of families and marriages, a rise in poverty and the disappearance of much of the labour force. HIV/AIDS has a devastating effect, especially in developing countries.

There are many human rights issues related to HIV/AIDS, including legal protection, gender-based violence, marital rape, the right to life, the right to health, the right to work, rights of minority and vulnerable groups. My paper will concentrate on some of the key human rights issues mentioned above and legal protection at National level. This paper will specifically address human rights and legal issues visa vies situational analysis from the ground. The promotion and legal protection of human rights is an essential part of curbing the transmission of HIV and reducing the impact of AIDS on people’s lives.

The review made by the African Peer Review Mechanism (APRM) technical assessment team argues that social services began to decline after economic crises in the 1980s. To revamp the status of social services in the country, various development strategies were put in place after 2000. These included the Development Vision 2025 policy, Poverty Reduction Strategy (PRS) and later MKUKUTA . These strategies are critical for the more effective provision of social servirces, especially health, education, water and HIV/AIDS control and treatment.

2.0 HIV/AIDS Legal Regime and Challenges
HIV/AIDS as global pandemic has attracted attention of international and national concern. Since the eruption of this deadly disease there are issues of human rights that have been associated with HIV/AIDS infection such as stigmatization, discrimination in employment, in decision making and right to health and social and legal guarantees. In response of these human rights issues under international arena there are number of international legal instrument which respond to the general protection on HIV/AIDS victims.

It includes the following, The Declaration of Commitment on HIV/AIDS (Global Crisis – Global Action); The United Nations Millennium Development Goals (MDGs),The General Comment 14 of the Committee on Economic, Social and Cultural Rights, The Commission on Human Rights Resolutions on the Right to the Highest attainable Standard of Health and An ILO Code of Practiceon HIV/AIDS and the world of work of 2001.

The International Guidelines on HIV/AIDS and Human Rights, 2006 Consolidated Version – UNAIDS and OHCHR confirm the relationship between HIV/AIDS and human rights. It states that, the relationship between the two is profound because the vulnerability due to HIV infection and its impact feeds on violations of human rights, including discrimination against women and violations which create and sustain poverty. In turn, HIV begets human rights violations, such as further discrimination, and violence. The LHRC most recent surveys and other studies and other studies including he Tanzania Women Lawyers Association (TAWLA), 2003 report recognized that Tanzania is characterized by a pluralistic legal system which result into a set of laws like , Islamic Law, Hindu Law, and customary which still pose challenges to effort taken to address HIV-AIDS pandemic in Tanzania.

2.1 Constitution of the United Republic of Tanzania of 1977
The right to health is crucial because it is part and parcel of the right to life, the Constitution of the United Republic of Tanzania of 1977 does not recognize it as one of the fundamental and positive right. However, states have obligation under international human rights instruments to recognize and protect it and ensure availability of physical and mental health to their people, adequate health and medical care for all.

Article 12 of the Bill of Rights enshrined in the Constitution recognizes the principle of equality of all human beings and equality before the law as stipulated in hereinbelow;

12.- (1) All human beings are born free, and are all equal. (2) Every person is entitled to recognition and respect for his dignity

Artice 14 quarantes the right to life; Every person has the right to live and to the protection of his life by the society in accordance with law. By recognizing antidiscrimination principles human rights of people living with Article 16.(1) quarantees the right to privacy; Every person is entitled to respect and protection of his person, the privacy of his own person, his family and of his matrimonial life, and respect and protection of his residence and private communications.

Artlcle 22.(1) and (ii) ensures that every citizens has the right to work regarles his or her status; every citizen is entitled to equal opportunity and right on equal terms to hold any office or discharge any function under the state authority.
Article 24 (1) expressly stipulate that subject to the provisions of the relevant laws of
the land, every person is entitled to own property, and has a right to the protection of his property held in accordance with law.

HIV/AIDS are well protected under the Constitution of the united republic of Tanzania. The issue to be considered in this context is enforcement of these human rights to adequately address stigmatization and discrimination of people living with HIV and AIDS (PLHA) by communities and in various sectors.All above mention Costitutinal provision when construed widely and in human rights perspective they all provide legal protection to People living with HIV. Exprience from the practice shows that there are some laws and traditional pracitices which pose ostacles to some effort taken to combact HIV in Tanzania. Others cannot access the health facilities due culture and some laws or provision of the laws found in operation. Some of vulnerable groups are women, children , trug trafficors , prisoners and minority groups like mobile communities and homesexuals.

Customary law means any rule or body of rules whereby rights and duties are acquired or imposed, established in Tanzania and accepted by such community in general as having the force of law.As the results some of the practces backed by customary law became a great challenge in the battle against HIV.For instance, Women in southern regions and lakes zones regions have no say in economic issues and issues of in heritance. When a husband dies and leaves a widow, all properties left by the deceased husband will not be on the widow’s possession. Mtenda Katubu Secretary, at the Mtwara Paralegal Centre, told LHRC researcher that the problems of inheritance to widows are rampant in the region as every day they receive complaints from widows.

Customary practices and attitudes continue to put women at a higher risk of HIV/AIDS infection. Speaking on the same problem of family instability Mr Mtembwa, Nola Southern Regions Coordinator said that family conflict is a serious problem in the regions, and families do not last long due to traditional behaviours in southern regions.


‘Men tend to marry many women in series; today he marries Mwajuma and then after five years deserts Mwajuma and marries Aisha and so on...” Said Mtebwa

Speaking on the matter with the same tone Nachingwea DC Elias Goroi
attributed the problem of family instability with culture as most of the tribes here are matrilineal.Goroi proclaimed that men tend to marry during farming season and divorce during harvest.

“‘Huku watu wanaoa wakati wa kilimo na wakati wakuvuna wanaachana. na
wanawake nao wanajivunia kuwa na vyuo 9 vingi” Said DC Goroi

Relatevely, Islamic Law and other religious beliefs also mark as another threat to efferts taken ensure accessibility to HIV and AIDS healthy services and other soco-economic rights as stated in the Bill of Rights.For instance Islamic law empowers the courts to apply the rules of Islamic law to Africans who follo Islamic Law in maters of marriage, divorce, guardianship, inheritance, succession, and wakf. Religiuous instutions also prohibit the use of some of HIV/AIDS servises like the use of condom.

Human rights activists in Tanzania have been emphasizing the importance of ensuring then constitutionalization and justifiability of social rights as part of achieving real development. The only way to ensure that such rights are not eroded by ordinary legislation or the administration of justice is to enshrine these rights in the Constitution.The effective legal protection in respect of social security and other benefits for workers (and non-workers) living with HIV, including specific life insurance, pension, health insurance, termination and death benefits. It is a call of LHRC that these rights to form part of constitution hence enforceable through Basic and Duties Enforment Act of 1994.Having these rights into enforceable part of the Constitution will make the government responsible for the social welfare of its people.

2.2 The Basic Rights and Duties Enforcement Act No. 33 (1994)
This is an act to provide for the procedure for enforcement of constitutional basic rights and duties and for related matters. Thus, if any person alleges that any of the provisions of section 12 to 29 of the Constitution has been, is being, or is likely to be contravened in relation to him, he may, without prejudice to any other action with respect to the same matter that is lawfully available, apply to the High Court for redress.

2.3 Anti-Trafficking in Persons Act, 2008
The Anti-Trafficking in Persons Act, 2008 prohibits all forms of trafficking including, but not limited to, transporting or receiving any person for the purposes of slavery, sexual exploitation, forced labor, pornography, and debt bondage. A person committing any crime outlined within this act is liable to be fined, imprisoned, or both. The maximum fine is 150 million shillings, and the maximum prison sentence is 20 years.

For example, in Biharamulo, there is a large number of children who work in the Busili gold mine. This was revealed during an opinion survey that was conducted by the LHRC in 2010. These children are at risk and are exposed to dangers such as HIV/AIDS and an unsafe working environment. There are also no schools in Busili to provide for their education. In this form of trafficking, there are existing agents who take children from rural areas and sell them to people in the cities. This form of business even occurs at the family level. It has been common in our working places to request that whoever goes to rural areas come back with a house girl or house boy.

Also, there is an informal trade that is being done by bar and pub owners to exploit and force women into prostitution. Waitresses are given jobs but on the condition that no salary will be given. Thus, the female waitresses have to find other means to get a salary. This practice is common in some street bars in Kinondoni and Temeke municipalities. It is also a habit for bar owners to use women as an attraction to customers. This is exploitation that is prohibited under the convention, because it is a form of trafficking in persons.The LHRC considers that both internal and external forms of trafficking in persons are inhuman and in violation of human rights, especially those of women and children.

2.4 HIV and AIDS (Prevention and Control) Act, 2008
The Tanzania Commission for AIDS (TACAIDS) was then established in 2002 to coordinate the multi-sectral response, bringing together all stakeholders including government, business and civil society to provide strategic guidance to HIV/AIDS programmes, projects and interventions In 2003, TACAIDS launched the first National Multisectoral Framework (NMSF) 2003-2007, which outlined all areas of focus for stakeholders including cross cutting themes like stigma and discrimination, as well as prevention, care and support and dealing with the socio-economic consequences of HIV and AIDS. Under each broad theme, certain strategic areas were identified (such as school based prevention or blood safety) and goals, challenges, targets and indicators of success were specified.
Tanzania HIV/AIDS legal initiatives were realized in 2008 by enacting the HIV and AIDS (Prevention and Control) Act, 2008. Prior this law it was guided by Tanzania’s National Policy on HIV/AIDS of 2001. The law provides for HIV prevention, care and treatment and protects the rights ofpeople living withHIV (PLHIV). Italso defi nes the rolesand responsibilities of all sectors inaddressing HIV.

The main issues adressed by the act among others were;
• The Government, political, religious, and traditional leaders and employers in the private sector shall advocate against stigma and discrimination of people living with HIV and AIDS, (4.2-b)
• A person shall not be compelled to undergo HIV testing (15.3)
• The Ministry [of Health] shall, where resources allow, take necessary steps to ensure the availability of antiretrovirals and other healthcare services and medicines … (24.2),
• A person shall not formulate a policy, enact a law or act in a manner that discriminates directly or by its implication personsliving with HIV and AIDS, orphans, or their families (28)
• A person shall not stigmatize or discriminate in any manner any other person on the grounds of such person’s actual,perceived, or suspected HIV and AIDS status (31)
• Any person living with HIV and AIDS shall, using available resources, have a right to the highest attainable standard of physical and mental health (33.1-a)
• Every local government authority shall design, formulate, establish, and coordinate mechanisms and strategic plans for ensuringthat the most vulnerable children within its respective area are afforded means to access education, basic healthcare, and livelihood services (34.1)
However, the law has failed to address criticla issues including; State support for legal aid systems specializing in HIV casework, possibly involving NGOs, legal aid centres , State support or inducements (e.g. tax reduction) to private sector law firms to provide free pro bono services to people living with HIV in areas such as anti-discrimination and disability, health-care rights (informed consent and confidentiality), property (wills, inheritance) and employment law, States should ensure that domestic legislation provides for prompt and effective remedies in cases whereby a person living with HIV is denied or not provided access to treatment, care and support and States should also ensure due process of law so that the merits of such complaints could be independently and impartially assessed.

Section 47 provides that any person who intentionally transmits HIV to another person commits an offence, and on conviction shall be liable to imprisonment for a term of five years not exceeding five years. This provision can in one way the other hinder the access to HIV health facilities and treatement.The 2002 UNAIDS Policy option paper and international guideline on HIV /AIDS and Human Rights recommended that criminal or public health legislation should not include specific offences against deliberate and intentional transmission of HIV but should apply general criminal offences It is again against human rights to compel , through criminalization against people living with HIV/AIDS to disclose their HIV status. Therefore, criminalization process can be named as another obstacle hinder access to HIV/AIDS services to avoid being constantly monitored as a criminal.

2.5 Employment and Labour Relation Act of 2004
Noting that HIV and AIDS have a serious impact on society and economies, on the world of work in both the formal and informal sectors, on workers, their families and dependants, on the employers’ and workers’ organizations andon public and private enterprises, and undermine the attainment of decent work and sustainable development ILO adopted Recommendation, cited as the HIV and AIDS Recommendation of May, 2010. The recomendations expressly requires states among others to do the following:

4. Members should:
(a) adopt national policies and programmes on HIV and AIDS and the world of work and on occupational safety and health, where they do not already exist; and
(b) integrate their policies and programmes on HIV and AIDS and the world ofwork in development plans and poverty reduction strategies, including decent work, sustainable enterprises and income-generating strategies, as appropriate.

5. In developing the national policies and programmes, the competent authoritiesshould take into account the ILO code of practice on HIV/AIDS of 2001, and any subsequent revision, other relevant International Labour Organization instruments,
and other international guidelines adopted on this subject.

In 2001, the ILO adopted the Code of Practice on HIV/AIDS and the world of work, which has been widely accepted and used in many countries. In 2007, the Organization’s constituents decided that the time had come to raise the response of the world of work to HIV and AIDS to a different level through the development and adoption of an international labour standard It calls for the design and implementation of national tripartite workplace policies and programmes on HIV and AIDS to be integrated into overall national policies and strategies on HIV and AIDS and on development and social protection. It calls for respect for the fundamental human rights of all workers, including observance of the principle of gender equality and the right to be free from compulsory testing and disclosure of HIV status, while encouraging everyone to undertake voluntary confidential HIV counselling and testing as early as possible.The Recommendation also invites member States to implement its provisions through amendment or adoption of national legislation where appropriate.

Tanzania Tri-Partite Code of Conduct on HIV/AIDS at the work places was developed to support other international and National instruments. The main objective of the code is to provide a set of guidelines to address the HIV/AIDS at the workplace and within the framework of promoting decent work. The main function of the code is to develop concrete responses at enterprise, sectoral at national level by promoting dialogue and consultation with various stakeholders.

Also the Employment and Labour Relations Act, 2004 has provisions protecting the rights of HIV/AIDS workers at work place. Section 7 of the Act provides among others;
7.-(1) Every employer shall ensure that he promotes an equal Prohibiopportunity in employment and strives to eliminate discrimination in any employment policy or practice
(2) An employer s hall register, with t he Labour Commissioner, a plan to promote equal opportunity and to eliminate discrimination in the work place.
(4) No employer shall discriminate, directly or indirectly, against an employee, in any employment policy or practice, on any of the following grounds: (m) HIV/Aids; (n) Age; or (o) station of life.

2.5 The Penal Code of Tanzania
Section 225 of the Penal Code this law creates an offence of grievously bodily harm. Section five stipulate "grievous harm" means any harm which amounts to a maim or dangerous harm, or seriously or permanently injures health or which is likely so to injure health, or which extends to permanent disfigurement, or to any permanent or serious injury to any external or internal organ, member or sense.” This section can therefore be used to cover few exceptional cases on transmission of HIV/AIDS and no need of having any other law to criminalize against deliberate and intentional transmission of HIV/AIDS.

The penal created offences relating to sexual harassment including forced sex. But it does not recognize the offence of marital rape, which seems to be one of the factors for the GBV and HIV/AIDS. Therefore, both laws do not provide adequate protection of women against GBV and HIV infection. It is also unfortunate that most of the GBV cases are not reported to the police and few of those reported have not been seriously handled by the law enforcers.
Even though the unnatural offences like prostitutions and home sexualities are prohibited by this law, but the minority group of LGBTI and sex workers who are said be highly victims of HIV should be given an opportunity to access health facilities including HIV services.

2.6 The Prison Standing Orders
The Prisons Standing Orders sets out guidelines for dealing with HIV/AIDS in prisons. The guidelines include applying all national guidelines on HIV/AIDS to prisons where facilities allow and providing for compulsory counseling before testing occurs.
However, observation at several prisons in the Morogoro region by the TLS fact-finding team (Kingolwara, Wami and Morogoro Central) revealed that prisons do not have specific guidelines at the prison or regional level to deal with HIV/AIDS within the prisons. There are a lack of facilities for testing in the prisons, so inmates do not receive regular testing as required by national guidelines. Also, there is little evidence of any counseling or information on HIV/AIDS prevention provided to prisoners.

All prisoners face threats to their fundamental human rights, but this is particularly true of prison inmates with special needs, including women, children, the elderly, persons with disabilities and persons living with HIV/AIDS. Special attention must be taken to ensure that these groups of prisoners have appropriate facilities to meet their needs and that all necessary health care is provided. Efforts must also be taken to ensure that these vulnerable groups are free from harassment and intimidation by prison guards and other prisoners. These prisoners already face many difficulties by virtue of being incarcerated, but these should not be exacerbated because they are members of groups with particular special needs and vulnerabilities.









Part Two
3 HIV/AIDS Prevalence in Tanzania: Situational analysis

It is estimated that 5.7% of adults aged 15-49 years in Tanzania (6.6% of women and 4.6% of men), or approximately 1.5 million people in the country are currently infected with HIV. Approximately 10% of those infected with HIV are children. During an opinion survey in Kagera it was revealed that the statistics that are used at the national level are outdated and a new study of the HIV/AIDS rate needs to be done. For example, in 2009 HIV/AIDS prevalence in Kagera was 7.7% compared to 5.6% in 2007/08.In Kagera the prevalence of women with HIV/AIDS is 7.7% and among men it is 5.0%. By comparison with other districts, the Chato district has the highest rate with 12.1% prevalence, and Ngara the least amount with 4.2%.
During the LHRC survey it was shown that population is not a major factor contributing to the prevalence of HIV/AIDS. For example, as the chart below shows, the population of Ngara is higher compared to Chato. But the prevalence of HIV/AIDS in Chato is higher than compared to Ngara.

District People tested HIV Prevalence
Chato 8358 12.1%
Ngara 11,068 4.2%

Aloyce Baba, a Program officer at the HIV Clinton Foundation in Mtwara told the LHRC researcher that the rate of HIV in the region has dropped from 7.3% to 3.6%. He further noted that about 900-1000 people are annually becoming infected with HIV.

The LHRC urges TACAIDS to compile an annual HIV/AIDS statistics report that will be of assistance in the planning and development of various public and private institutions. As the study in one region shows an increase in HIV/AIDS prevalence from 5.6% to 7.7%, it is to be expected that the rates have similarly risen in other regions as well. We cant fight for rights without proper statistics from the ground.

The LHRC’s concern is that HIV/AIDS studies on prevalence should not be a basis for people to believe that the HIV/AIDS rate is falling. These figures have been taken from people who voluntarily present themselves for testing and counseling. The HIV/AIDS epidemic is still a threat to many people, especially young people and women who are especially at risk in terms of engaging in unsafe sex.

3.1 Availability of ARVs in the country.
The government has been providing free anti retro-viral drugs (ARVs) to persons affected with HIV/AIDS. In each region there are established centres that are coordinated by the Regional Aids Control Coordinators. Their key role is to ensure that there is an availability of ARVs according to the needs of each region. In 2009/2010 a total of 284,227 people living with HIV/AIDS were given ARVs. Out of this number, 20,959 children were given treatment.
Deputy Minister of Health and Social Welfare, Aisha Kigoda, said the government is working on a special plan to provide nutritious food to those already infected with the virus and will ensure that ARV drugs are easily available for all.
While in Kagera the Regional AIDS Control Coordinator told LHRC researchers,
“Dawa zinapatikana kwa wingi na ila nilipata malalamiko toka wilaya ya Ngara kwamba dawa zilichelewa kufika, toka ofisi za kanda za Medical Stores Department Mwanza, pia serikali inabadilisha aina ya dawa mara kwa mara hii nayo siyo nzuri”

3.1 Voluntary HIV Counselling and Testing (VCT)
In 2009/10 a total of 7.3 million people attended HIV testing and counseling, and a total of 5,000 VCT councilors were trained. Also, a total of 160,430 victims were attended to by household health care workers in 110 districts. An opinion survey of the LHRC in Mtwara revealed that there are not enough centers for HIV testing, meaning that the majority of people in the country do not have the opportunity to know their HIV status.

3.1 How much is spent for HIV/AIDS
The total of all expenditures on HIV and AIDS interventions by the government and development partners in 2010 is expected to go above 600 billions Tsh. A comparison to the total government expenditures for financial year reveals that there has been an annual increase in total government expenditures on HIV/AIDS.
The table above shows that there is lot of money invested for the purposes of paying for medical supplies and services and drugs, employment allowances, training and seminars. However, these expenditures do not necessarily reflect an increase in HIV/AIDS awareness and prevention measures on the community level.

3.3 HIV/AIDS, Gender Based Violence and Social Equalities
The most vulnerable group to contracting HIV in Tanzania has shown to be married women, who are the least likely to have protected sex and the most likely to be exposed to infection. Gender inequality and the failure to respect the rights of women and girls are significant factors in the HIV/AIDS pandemic in many regions of the world. For example, the subordination of women to men in private and public life often prevent women and girls from negotiating safe sex practices.
For example the figures below from the Lindi rural district indicate the number of people who attended for HIV counseling and testing. As the figures show, the number of women is very high compared to men, implying that women are more vulnerable to HIV than men.


Number of people attended in VCT in Lindi rural district January – May, 2010 at VCT Centres and mobile VCT service popularly known as (NJIA YA MKOBA)
Month Below 14 14-25 25-49 Over 50 Grand total
Male Female Male Female Male Female Male Female Male Female total
January 10 8 46 309 132 449 24 36 212 802 1014
February 21 24 53 275 201 480 34 20 309 799 1108
March 9 7 51 319 281 521 28 13 269 860 1129
April 0 1 0 9 111 106 0 1 111 117 228
May 16 12 58 253 328 658 38 34 440 957 1397
Total attended VCT 56 52 208 1165 953 2214 124 104 1341 3535 4876
Total HIV + 2 5 8 21 58 147 10 13 78 186 264

The above extract from the District Medical Officer of Lindi shows that 72.5% of the total number of people who attended VCT were women and 70.5% of those who tested positive for HIV were women. This small sample represents the situation of the whole country in that women are more vulnerable to HIV than men. However, on the other hand, it can also be concluded that the will to attend virus counseling and testing among men is low compared to women, who must attend VCT during pregnancy.

The LHRC strongly recommends men should also show up for HIV counseling and testing. It has become a common habit for men to assume that because their partners have gone for VCT and tested negative, they must also be HIV-negative. This is an incorrect and wrong assumption to make as scientific experiments show that in a relationship one partner may test positive and the other negative for HIV.

4.0 Recommendation
I. The goverment in collaboration with other stakeholders should raise public awareness of the rights and guarantees included in various laws as discussed above, especially for PLHIV, and establishing mechanisms for legal redress and monitoring.
II. Harmonizing the law and National HIV/ AIDS Policy with other legal provisions, especially those relating to the most at-risk groups, including sex workers, injecting drug users, and men who have sex with men,
III. Thev East Africa Stats should come out with a a joint law to address better tcontroversial areas like criminalization of transimision of HIV/AIDS.Another controversial area is that in the Penal Codes of Kenya, Rwanda, Burundi and Tanzania prostitutes and gay men, who are considered vulnerable in HIV/Aids transmission, are not allowed access to treatment.
IV. Tanzania needs a new Costitution that will make social rights which include right to health justiciable and hence enforcialble in the court of law.
V. The goverment of Tanzania needs to eprove provision of social services in rural areas as the only was to improve accessibility to healthy facilities which are very crucial to PLWHV.
VI. In order eradicate the HIV/AIDS pandemic in Tanzania, the goverment should concetrate much to improve the life vulnerable groups who use to be the most people at risk.

“Lights For Rights”

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