Connect with us

NGO WORK

Tanzanian High Court Tramples Rights of Indigenous Maasai Pastoralists to Boost Tourism Revenues

Published

on

  • Tanzanian High Court has dismissed a case filed by Maasai communities to return land violently seized by the government in June 2022 to establish the Pololeti Game Reserve for trophy hunting by the Emirati Royal Family in Loliondo.
  • In violation of Tanzanian law, impacted Maasai communities were neither consulted nor compensated for being forced from their land, critical for over 96,000 people living in legally registered villages in the area.
  • The ruling sets a dangerous precedent for Indigenous land rights across Tanzania and calls into question the independence of the judiciary that openly cited tourism revenues as a factor in its decision.

On October 24, 2024, the High Court of Tanzania dismissed a case (Misc. Civil Cause No. 18 of 2023) from impacted Maasai pastoralists challenging the creation of the Pololeti Game Reserve, which has resulted in crippling livelihood restrictions and widespread evictions to allow for trophy hunting in the area by the Emirati Royal Family. The shocking ruling deals a blow to Indigenous land rights across Tanzania and raises serious questions regarding the independence of the Tanzanian judiciary.

“The ruling has far-reaching consequences not only for the Maasai of Loliondo but to all people near protected areas. With this ruling, Maasai in Monduli, Simanjiro, Longido, and Ngaresero are now also at the risk of eviction without compensation,” said Denis Oleshangay, one of the advocates representing the community in the case.

On June 8, 2022, the government forcefully seized 1,500 square kilometers of land in Loliondo to create the Pololeti Game Controlled Area for the exclusive use of the Emirati Royal Family. Maasai communities protesting the theft of their land were met with violent retaliation by security forces who opened fire on the protestors. At least 30 people, including women, children, and elderly, were wounded. One elderly man was shot and remains missing over two years later while his family is still seeking answers. Thousands were displaced and fled to Kenya where they faced hunger and sickness. To suppress dissent, community members and civil society leaders have been criminalized and imprisoned for months on false charges.

Presiding over the case, Judge N.R. Mwaseba ruled that the needs of local communities should not take precedence over the value of the land to the economy. “The decision to promulgate the Pololeti Game Reserve was executed in good faith by the Government with a view to protect and ensure sustainable conservation in order to protect the natural resources, including the wild animals as a major source of foreign currency in our country…I have demonstrated above that the tourism sector is among the giant sectors contributing heavily to the national budget. It deserves close protection, including protection of the areas reserved for that purpose.”

In September 2023, in response to a separate case brought by impacted villagers (Misc. Civil Cause No. 21 of 2022(link is external)), the High Court of Tanzania ruled that because communities were not properly consulted by the Ministry of Natural Resources and Tourism (MNRT) prior to the land use change, the Pololeti Game Controlled Area was illegal. The victory was short lived as President Samia Suluhu Hassan had also issued a separate decree (GN No. 604 of 2022) to upgrade the same area to become the Pololeti Game Reserve in October 2022. While communities defeated in court the first attempt by the MNRT to seize their land, they were forced to file another case (Misc. Civil Cause No. 18 of 2023) against the President’s Pololeti Game Reserve decree. This was dismissed despite questionable new evidence proving adequate consultation by the government.

“The discrepancy in rulings by the High Court demonstrates how the government can keep shopping for judges until it gets a favorable outcome, making a mockery of justice,” said Anuradha Mittal, Executive Director of the Oakland Institute. “Impacted communities must scramble to take action in the courts and even when they win, the government can still circumvent the ruling by issuing another decree.”

In the dismissed Misc. Civil Cause No. 18 of 2023, advocates for the communities documented how the creation of the game reserve has impacted over 96,000 people whose livelihoods depend on access to land for grazing and watering cattle. Pastoralists have faced massive fines and had livestock arbitrarily seized and killed by wildlife authorities despite the fact that pastoralists play a vital role in protecting the ecosystem. Over a dozen villages are now considered illegal within the Game Reserve, while villagers were neither consulted nor compensated for losing their lands, as required by Tanzanian law.

Live ammunition fired by Tanzanian security forces during demarcation of the Pololeti Game Controlled Area in June 2022

Despite international condemnation of the government’s violent land demarcation to create the protected area in June 2022, the Judge shockingly concluded that “The allegation that the state apparatuses such as police, army, wildlife rangers harassed the inhabitants of the promulgated area is not substantiated. The featured videos do not show whether they relate to establishment of GN No. 604 of 2022.”

The United Arab Emirates (UAE)-based Otterlo Business Company (OBC) – which runs hunting excursions for the country’s royal family and their guests – will reportedly control hunting in the area despite the company’s past involvement in several violent evictions of the Maasai, including in 2017, burning of homes, and the killing of thousands of rare animals in the area.

“When a government recklessly violates the rights of its citizens, and domestic courts offer little hope for redress, international scrutiny and action is paramount. The US and other donor governments who finance so-called conservation in Tanzania with tax-payer money must take immediate action to help secure justice or be held accountable for their complicity,” Mittal concluded.

Advocates for the impacted villagers have already filed a notice of intention to appeal the ruling.

Original Source: oaklandinstitute.org

Continue Reading

NGO WORK

World Bank Fails to Remedy Harms it Caused in Tanzania, Despite a Scathing Investigation by its Inspection Panel

Published

on

Oakland, CA – A scathing investigation by the Inspection Panel of the World Bank confirms the responsibility of the Bank in enabling the expansion of Ruaha National Park and related severe human rights abuses in Tanzania. The Panel confirms “critical failures” of the institution in the planning and supervision of the Resilient Natural Resource Management for Tourism and Growth (REGROW) project that resulted in “serious harm” to communities and violated Bank’s safeguards and operating procedures.1

“The independent Inspection Panel has confirmed the Bank’s grave wrongdoing which devastated the lives of communities. Pastoralists and farmers who refused to be silenced amidst widespread government repression, are now vindicated, and Bank’s efforts to sweep human rights abuses under the rug laid bare,” said Anuradha Mittal, Executive Director of the Oakland Institute.

The REGROW project enabled the government to expand the Ruaha National Park and move ahead with eviction plans – formalized in October 2023 through Government Notice 754. The Bank directly funded TANAPA rangers who committed atrocities with no oversight. In a drastic turn from its initial defense of the project, the financial institution has been forced to recognize “weaknesses in the project design, preparation, implementation, and Bank supervision.” As a result, at least 84,000 people from 28 villages face eviction while pastoralists and farmers have suffered gruesome human rights abuses by Bank-funded rangers and over US$70 million in economic damages.

In documents made available today, the Bank’s management concedes that by “enhancing TANAPA’s capacity to enforce the law,” the project “increased the possibility of violent confrontations” between rangers and villagers. The Inspection Panel found the Bank to have failed to adequately supervise TANAPA and to be unaware of the agency’s operating framework which permits the rangers to use “excessive force,” in violation of international standards. As documented by the Institute, over the course of the project, at least 11 individuals were killed by police or rangers, five forcibly disappeared, and dozens suffered physical and psychological harm, including beatings and sexual violence. The Bank provided TANAPA rangers with 21 different types of equipment to strengthen their patrolling capacity in the project area – including bush knives that the Panel found “could potentially have been used to burn or strip naked” Maasai women in a May 2023 incident.

The Panel’s report documents the timeline of Bank’s failure to act after April 2023, when it was informed by the Oakland Institute about the abuses and violations of its safeguards. Instead, the Bank disbursed over US$33 million to the project over the next year. REGROW task team leader, Enos Esikuri, even publicly stated that the Bank was “very impressed with what is going on,” when meeting with government agencies implementing the project. In April 2024, disbursements were finally suspended as a result of Tanzania’s noncompliance with Bank safeguards, followed by cancelation of the project in November 2024.

“The World Bank failed to act after it was informed of the harms it was financing. It continued disbursements for a full year, allowing cattle seizures and farm closures to drain family savings, kept children out of school, and let TANAPA rangers murder more innocent villagers with impunity. No institution is above law and can be allowed to get away with crimes like this,” said Mittal.

The Bank’s Executive Directors, however, approved the Management Action Plan (MAP) that does not address the Panel’s findings. In blatant disregard of the facts and official documentation, the World Bank has conveniently refused to acknowledge its responsibility in allowing the park expansion, which it falsely claims took place prior to the project.  It is this expansion of Ruaha National Park that triggered murders, evictions, and decimated livelihoods. The MAP delusionally places trust in the government that there will be no resettlement while it is already well underway. The impacted communities conveyed their rejection of the MAP to the Bank’s Board and called for it to remedy the harms caused by park’s expansion by reverting boundaries to the 1998 borders, suspending livelihood restrictions, resuming basic services, and providing justice and reparations for victims.

“Instead of remedying harms identified by the Panel, the MAP patches together two projects that have nothing to do with REGROW and are in no way designed to provide redress. The Action Plan put forward by the World Bank is beyond shameful. Suggesting that tens of thousands of people forced out of their land can survive with “alternative livelihoods” such as clean cooking and microfinance is a slap on the face of the victims. It demonstrates World Bank’s continued lack of remorse for harms financed by tax dollars and makes a mockery of its own accountability mechanism. Financing of this institution – responsible for misery of the poor instead of ending poverty – must be challenged,” commented Mittal.

Despite fear of retribution from Tanzania’s repressive regime, the impacted communities were relentless in demanding justice till they forced the cancellation of the project. “For years we have waited for the World Bank to fix the disaster it created. Today the Board of the Bank has undoubtedly failed in its own mission, but we will not give up, no matter what it takes,” said a community representative.

“The World Bank’s financing commitments for operations in Tanzania amount to US$10 billion. It does have the leverage and authority to fix this catastrophe. The United States, as the largest shareholder and funder of the World Bank Group, must also take responsibility,” concluded Mittal.

Source: oaklandinstitute.org

Continue Reading

NGO WORK

The World Bank Must Be Held Accountable for Harm Inflicted on Tanzanian Communities by Tourism Project

Published

on

The World Bank’s Board of Executive Directors is reviewing the Action Plan (MAP) prepared by the Bank’s management to address the findings of the Inspection Panel’s investigation into the Resilient Natural Resource Management for Tourism and Growth (REGROW) project in Tanzania. The investigation followed a complaint filed by the Oakland Institute in June 2023 on behalf of impacted communities. While the Panel’s findings and MAP will only be made public after its approval by the Board, the Oakland Institute urges the Bank to ensure that demands of impacted communities are addressed by the MAP to redress the harms caused.

“The Bank is responsible for the devastating crisis which has left over 84,000 lives hanging in the balance. For several years, using tax-payer dollars, it financed a project that blatantly violated its operating procedures and safeguards around human rights abuses and forced resettlement. It failed to act when made aware of the violations and continued pouring money into the project. Now the Bank cannot hide behind lame excuses and should fulfil the demands of communities harmed by its financing,” said Anuradha Mittal, Executive Director of the Oakland Institute.

Beacon marking expansion of Ruaha National Park to consume Luhanga village and make communities trespassers in their own lands
Beacon marking expansion of Ruaha National Park to consume Luhanga village and make communities trespassers in their own lands

The US$150 million REGROW project in Tanzania began in 2017 as a credit from the International Development Association (IDA). It was cancelled on November 6, 2024 after nearly two years of advocacy by the Oakland Institute and affected villagers to hold the Bank accountable for enabling the expansion of Ruaha National Park (RUNAPA) and supporting TANAPA, the paramilitary Tanzania National Parks Authority. Its rangers, equipped and financed by the Bank, are responsible for egregious human rights abuses, including extrajudicial killings, forced disappearances, and crippling livelihood restrictions that have terrorized local communities. Forced resettlement was initiated by the Tanzanian government in complete disregard for the Bank’s safeguards that require proper consultation and adequate compensation for affected communities.

“We call on the World Bank to fully assume its responsibility and urgently take these necessary steps to answer our pleas for justice. Our lives are on hold as the threat of eviction looms over us every single day. Our livelihoods have been undermined for years, our children are out of school, our farms sit fallow and our cattle are still being forcibly seized. We cannot continue living like this. The Bank must adequately address our past and ongoing suffering.”

Statement by impacted villagers in Mbarali, January 2025

In December 2024, the Institute worked with the impacted communities to carry out a thorough assessment on the ground to evaluate the consequences of the REGROW project. This research lays bare the devastation caused by the expansion of the park – formalized during the project in October 2023 through Government Notice 754. While the Tanzanian government claims only five villages are now inside RUNAPA, the December assessment found that 28 villages across 10 wards and home to over 84,822 people are located inside the area added to the park. As Tanzanian law forbids settlement in National Parks, these farmers and pastoralists will be forcibly evicted unless the expansion is revoked.

Livelihood restrictions enforced by TANAPA rangers have decimated these communities. Thousands of farmers have been barred from farming by the government. For 551 members of two farmer associations stopped from cultivating rice over the past three years, the economic loss is over US$66 million.1

Herders have also been massively impacted by the restrictions of access to pasture land, cattle seizures, and violence committed by TANAPA rangers. Since 2021, 52 pastoralist families have had cattle seized, losing 7,579 cattle for a value of over US$6 million.2 Since 2018, 39 families have paid the equivalent of US$212,175 in fines to recover 4,757 cattle confiscated by TANAPA within disputed park boundaries. These fees and fines have pushed families into destitution.

Over the course of the project, at least 11 individuals were killed by police or rangers, five forcibly disappeared, and dozens suffered physical and psychological harm, including beatings and sexual violence. Victims and their relatives have lost hope of seeing TANAPA rangers brought to justice while continued repression has stopped many from speaking out.

“The World Bank claimed the project was intended to benefit local communities; it has instead destroyed their lives. It must take responsibility for enabling violence and displacement and ensure that the expansion of the park is revoked,” concluded Mittal.

Impacted communities are demanding that the MAP address the following urgent issues:

  1. Removal of beacons placed marking the expansion of the park and to officially revert park boundaries to the 1998 borders established by GN 436a.
  2. Provide comprehensive compensation for damages incurred by livelihood restrictions and violence inflicted by TANAPA rangers, including:
    1. Value of fines paid by pastoralists to reclaim cattle illegally seized.
    2. Value of cattle auctioned.
    3. Compensation for the loss of agricultural production for three seasons (2023, 2024, 2025).
    4. Compensation for the victims of violence and killings by TANAPA.
  3. Establish a multistakeholder independent mechanism to oversee reparations.
  4. Restore social services to villages impacted by GN 754.
    1. Complete construction on Luhanga Secondary School and provide it with government teachers.
    2. Reopen Mlonga Primary School that was closed in October 2022.
    3. Ensure all villages located within GN 754 boundaries are provided with the power, water, and social services they are entitled to like other villages.

S0urce: oaklandinstitute.org

Continue Reading

NGO WORK

Business, UN, Govt & Civil Society urge EU to protect sustainability due diligence framework

Published

on

As the publishing date for the European Commission’s Omnibus Simplification Package proposal draws closer, a coalition of major business associations representing over 6000 members, including Amfori and the Fair Labor Association, has called on the EU to uphold the integrity of the EU sustainability due diligence framework.

Governments have also joined the conversation, with the Spanish government voicing its strong support for maintaining the core principles of the CSRD and CSDDD.

Their call emphasises the importance of preserving the integrity of the Corporate Sustainability Due Diligence Directive (CSDDD) and Corporate Sustainability Reporting Directive (CSRD).

These powerful business voices have been complemented by statements from the UN Working Group on Business & Human Rights, alongside 75 organisations from the Global South and 25 legal academics, all cautioning the EU against reopening the legal text of the CSDDD.

Additionally, the Global Reporting Initiative has urged the EU to maintain the double materiality principle of the Corporate Sustainability Reporting Directive, meanwhile advisory firm Human Level published a briefing exploring the business risks of reopening level 1 of the text.

Concerns stem from fears that reopening negotiations could weaken key human rights and environmental due diligence provisions, undermine corporate accountability and create legal uncertainty for businesses.

The European Commission’s Omnibus proposal is expected to be published on 26 February.

Source: Business & Human Rights Resource Centre

Continue Reading

Resource Center

Legal Framework

READ BY CATEGORY

Facebook

Newsletter

Subscribe to Witness Radio's newsletter



Trending

Subscribe to Witness Radio's newsletter