Conclusion
and Recommendations
We are shocked, but ready to fight for our
land because the company [OBC] is acting against the law, destroying
the environment and our source of water.
A Maasai elder in Loliondo
"This is a despicable and shameful event
not only to Tanzanians but also to people all over the world
who care for wildlife and the environment.
JET, criticizing the practices of OBC and calling
for action against the company.
On April 10, 2000, 13 Maasai elders traveled
from Loliondo to the Tanzanian capital Dar es Salaam to protest
OBCs practices and to demand government action against
the company to stop the "wanton killing of wildlife that
was responsible for the serious decline in lion, leopard and
cheetah populations in northern Tanzania since OBC arrived."
BBC reported that prior to the elders journey, some 20,000
Maasai gathered at a site where OBC was constructing a mansion
to protest the environmental degradation and land alienation
caused by the company. Dozens of Maasai were arrested. In response
to the elders demands, the Minister for Natural Resources
and Tourism said that government experts would conduct an environmental
audit to determine the impact of OBCs hunting exploits.
More than one and a half years later, Loliondo residents are
still waiting for the results of the audit. To date, the Maasai
have not seen any government officials conducting investigations.
An official of Serengeti National Park told
MERC on August 13, 2001 at Ololosokwuan:
Have you ever heard of anybody apart from the
Maasai complain about these unethical hunting activities in
Loliondo? Have you even heard the Maasai political leaders say
anything about this unacceptable use of their peoples
land? I am a wildlife conservation officer for Serengeti National
Park and I see and know what is going on here. What I see, I
cannot just say to anyone, but, since I know you are trying
to help, I will tell you thisyou must raise this concern
because there is serious wildlife destruction going on here.
Perhaps you can implore international conservation regimes to
carry out thorough investigations to ascertain what we are saying
here.
In light of the grave human rights and environmental
injustice committed by OBC in Loliondo, MERC makes the following
recommendations.
To
the Government of Tanzania
The complaints of the Maasai people and environmentalists
in the country and around the world concerning the negative
impacts of OBCs operations in Loliondo deserve every possible
consideration in the interest of the Maasai, the environment,
and wildlife. Authorities cannot ignore claims concerning OBCs
violation of national hunting laws and international agreements
to which Tanzania, as a signatory, is bound. Failure to address
these concerns raises questions about the Tanzanian governments
commitment to international agreements to which it is a signatory.
Complaints concerning killings, captures, and airlifting of
vulnerable species such as the cheetah and the hunting dog also
deserve attention. There is also urgent need to investigate
the possibility that OBC might have violated CITES regulations
by killing or capturing animals on the CITES Appendix I listing
of endangered species.
MERC urges the government of Tanzania to:
- Make public the results of the environmental audit conducted
by the Minister for Natural Resources and Tourism. If the
audit has not been completed, ensure expeditious completion.
- Sanction an independent investigation team to thoroughly
examine the numerous complaints about OBCs practices
in the field and their impacts on human rights, wildlife,
and the environment. This should include an examination of
the role of Tanzanian security forces and government officials.
The team should be composed of international and Tanzanian
experts, but should not include members of the Tanzanian government
due to allegations of widespread corruption.
- Suspend OBCs hunting privileges pending the results
of the independent investigation.
- Justly resolve questions of land alienation and grazing
rights in Loliondo caused by the presence of OBC as reported
by Maasai communities.
- Hold
OBC accountable to Tanzanian law and appropriately utilize
the judicial system when laws are violated.
- In addition to the independent team investigating OBCs
practices, set up a government taskforce to investigate alleged
decimation of wildlife and environmental degradation caused
by consumptive tourism throughout northern Tanzania. The taskforce
should gauge the health of wildlife populations and the accuracy
and enforcement of the government quota system. Be prepared
to implement an action plan in response to the taskforces
findings.
- Implement a moratorium on hunting in northern Tanzania pending
the findings of the government taskforce, especially in light
of reported abuse of laws regulating the tourist hunting industry
and lack of government oversight.
- Enforce hunting regulations and substantially increase efforts
to stop corruption from the field level up.
- Expedite the official adoption of the WMA guidelines into
law. Resolution of these legislative quandaries could potentially
go a long way in ensuring that impoverished communities do
indeed benefit from their own resources.
- Increase overall transparency of government actionsfrom
the national level down.
To the UN and Other Governments
MERC urges the United Nations and its member
states to:
- Ensure that the Tanzanian government has the necessary technical
and financial resources to carry out an independent investigation
of OBC in Loliondo, as well as the government investigation
of the health of wildlife populations throughout northern
Tanzania. Guarantee that the government has the ability to
act upon the recommendations of these investigatory teams.
- Use
political and economic leverage to ensure just resolution
of the Loliondo human rights and environmental crisis, as
well as implementation of the WMA guidelines. Pressure should
also be brought to bear regarding the issues of land alienation
of indigenous communities and wildlife conservation throughout
Tanzania.
- The UN High Commissioner for Human Rights should (a) consider
sending a special reporter to investigate and report on the
human rights and environmental crisis in Loliondo; and (b)
address land alienation of indigenous peoples in Tanzania.
To International NGOs
MERC appeals to international NGOs to:
- Work, as partners, with the Maasai of Loliondo and other
indigenous peoples to ensure the protection of environmental,
land, and human rights in Tanzania. Among the main purposes
of this report is to get international NGOs involved in the
crisis of environmental and human rights violations in Loliondo
and in other locales in Tanzania. MERC remains committed to
these concerns, but a concerted international effort will
be more effective in bringing to this issue the action and
it deserves. MERC therefore urges the NGO community to take
this issue up with sustained energy and dedication.
- Support the formation of the aforementioned independent
investigation team and the government taskforce to examine
complaints about OBCs practices in the field and their
impacts on human rights, wildlife, and the environment.
- Assist local NGOs in properly recording and documenting
abuses committed by OBC and other hunting companies, as well
as by the Tanzanian security forces and government officials.
Further assist local NGOs in the appropriate utilization of
these records and documentation to effect change in Loliondo
and other areas of indigenous communities in Tanzania.
- Help indigenous NGOs build local capacity.

To
Tanzanian and Kenyan NGOs and Individuals Concerned with Human
Rights of Indigenous Peoples and Environmental Justice:
Let us pool our resources and unite to non-violently
fight for our rights and the rights of those creatures who have
walked this land with us for centuries. As a Maasai elder once
said:
Our sacred responsibility to the young and
unborn generations of humankind is to jealously protect Mother
Earth and all life on her.
www.maasaierc.org