May 29th, 2009
By Mohammed Legally-Cole
The forceful eviction of pastoralists and agro-pastoralists from Usanga Plains in Mabarali district, Mbeya region, south western Tanzania seem to be a continuation of The Kilosa District eviction of the 2006-2007.
This statement of the International Working Group on Indigenous Africans (IWGIA) was presented by Elifuraha Laltaika on the situation of indigenous people’s in Tanzania at the 45th Ordinary Session of the African Commission on Human and People’s Rights which has just ended in Banjul, The Gambia on 27th May 2009.
According to the findings, the victims of those evictions have not been compensated and findings of a Commission of Enquiry that carried out a fact finding mission of Mbarali in May 2007 have not yet been made public.
Details of the full statement are as follow:
Madam Chairperson,
I take this opportunity to first and for most congratulate the Government of Tanzania, in particular the Ministry of Justice and Constitutional Affairs for recognizing the importance of involving indigenous peoples in matters affecting their Rights. This was demonstrated by the Invitation of indigenous peoples Representative/expert to the workshop to validate Reports to various Human Rights Committees. We hope such invitation will be extended to many more indigenous peoples and at earlier stages of Report writing as well as in other undertakings by other Ministries.
Madam Chair,
Tanzania voted in favour of the United Nations Declaration on the Rights of Indigenous Peoples which was adopted by the UN General Assembly on 17th September 2007 in New York City in the United States of America. However, it is yet to make necessary legislative and administrative measures geared towards affirming the aspirations of Indigenous peoples by enforcing their Rights as stipulated in the said document and other International Human Rights Instruments to which Tanzania is party as evidenced by recruiting forceful evictions as explained Below.
Madam Chair,
On the 19th November 2008, the District Executive Director of Kilosa District, Morogoro Region in Southern Tanzania issued a letter addressing all Ward, Villages as well as Division Executive officers informing them that he does not recognized Ngaiti sub village and that its inhabitants should therefore vacate immediately to give way for wheat cultivation. Ironically, the village has been occupied by indigenous Maasai pastoralists since 1951.
The problem started when the District authority earmarked Ngaiti village as a suitable land for wheat cultivation. Instead of soliciting approval of the said large scale wheat cultivation from Maasai through Free, Prior and Informed Consent, the District authority opted to derecognize the village and order the pastoralists to vacate with immediate effect. This eviction was carried out in a manner that caused untold suffering to women and children that made headlines in the local media. For example, herds of cattle were confiscated and pastoralists forced to redeem each of their own cattle for Tsh30, 000. This violated their rights to subsistence because they depend solely on the said cattle for food.
The Kilosa District evictions seem to be a continuation of the 2006- 2007 forceful evictions of pastoralists and agro pastoralists from Usangu Plains in Mbarali district, Mbeya region south western Tanzania. The victims of those evictions have not been compensated and the findings of the Commission of Enquiry that carried out a fact findings mission to Mbarali in May 2007 have not been made public. No actions have been taken to address the human rights violations committed during the evictions process. The evicted pastoralists continue to suffer and there is urgent need for appropriate measure to be taken. The evicted pastoralists and agro pastoralists are now completely destitute and have not received any assistance in the new areas where they were forced to move to.
Madam Chair,
We congratulate the parliament of Tanzania for accepting to intervene on this matter and appoint a probe committee to investigate the alleged human rights violations. However, we request your esteemed commission to advice the Government of Tanzania to stop forcefully evicting to pastoralists.
Madam Chair,
We request your esteemed commission to urge Tanzania to make public reports of Various Committees that have investigated violations of Human Rights of Indigenous Peoples so that justice should not only be done but be seen to be done. Lastly Madam Chair, Indigenous Peoples of Tanzania would like to take this opportunity to congratulate you for the new appointment to the International Criminal Court. We wish you vibrant health and happiness as you embark on the important responsibilities.
Thank you.