TLS Condemns Tanzania’s Unlawful Nullification of Villages as Maasai Protests Intensify

By Adonis Byemelwa

The Tanganyika Law Society (TLS) has on 20^th August 2024, delivered a scathing critique of the Tanzanian government's recent decision to nullify certain villages and hamlets within the Ngorongoro area, sparking further outrage among the Maasai community.

TLS President Boniface Mwabukusi, a respected legal figure, has publicly challenged the legal basis of the government's actions, accusing the Minister of State in the President’s Office, PO-RALG, of misinterpreting the law.

Mwabukusi denounced the Minister's use of Section 30 to justify the nullifications, describing it as a "distortion and contrary to legal principles.

 He argued that the Minister has no authority to erase villages, particularly those that have been home to indigenous communities for generations.

"Section 30 is clear about the Minister’s powers, but nowhere does it grant the authority to nullify these villages," Mwabukusi stated, demanding that the government reveal the specific legal framework it claims to be following.

This strong rebuttal comes at a time of escalating tension in Ngorongoro, where the Maasai community has been staging vigorous protests against the government's administrative reorganization.

 The new decree, which redraws the administrative map across several districts, including Ngorongoro, has ignited widespread anger among the Maasai, who fear that their traditional land rights are under threat.

The situation on the ground is becoming increasingly volatile. Maasai protesters have blocked roads and clashed with security forces in an attempt to halt the government's plans.

Despite official assurances that the changes are intended to improve administrative efficiency, the Maasai view the move as an existential threat to their cultural heritage and way of life.

In an attempt to downplay the unrest, the Ngorongoro Conservation Area Authority (NCAA) released a statement asserting that tourism activities in the area remain unaffected.

 Nevertheless, the protests have brought renewed attention to the Maasai's long-standing struggle for land rights and the broader issue of indigenous representation in Tanzania.

The confrontation between TLS and the government highlights the growing tensions surrounding the rights of indigenous communities in the face of administrative reforms.

TLS's firm stance against the misuse of legal provisions reflects its commitment to upholding justice and ensuring that government actions are legally sound.

The Tanzanian government announced on August 2, 2024 — a sweeping reorganization of local administrative boundaries in Government Notice No. 673, issued under the Local Government (District Authorities) Act (Cap. 287).

This new decree, effective immediately, redraws the administrative map across several districts, including Ngorongoro, Bahi, Chemba, Kasulu, Kakonko, Hai, and Rombo.

The announcement comes at a time of heightened tension, particularly in Ngorongoro, where the Maasai community has been staging vigorous protests against the government's policies.

The administrative overhaul includes the removal and realignment of numerous wards, villages, and hamlets. In Ngorongoro, for instance, several villages such as Meshili, Naiborajijik, and others have been eliminated or merged with neighboring areas.

The reorganization also affects villages and wards in other districts, with significant changes in places like Bahi, where villages like Chang’ombe and Mwongozo are being reorganized, and Kasulu, which sees alterations to villages including Mugombe and Buchuma.

Minister for Regional Administration and Local Government (PO-RALG), Mohamed Omary Mchengerwa, defended the reforms, stating they are intended to enhance administrative efficiency and governance. However, the timing of these changes could not be more contentious, given the ongoing unrest in Ngorongoro.

The Tanzanian government is facing intense scrutiny following a damning report by Human Rights Watch (HRW), which accuses it of forcibly relocating over 82,000 Maasai from the Ngorongoro Conservation Area (NCA) since 2022.

The report, titled "It’s Like Killing Culture," details the harsh realities faced by the Maasai, who have been moved to Msomera village, located some 600 kilometers away, allegedly to repurpose the land for conservation and tourism.

The HRW report, released on July 31, 2024, documents severe restrictions imposed by the Ngorongoro Conservation Area Authority (NCAA), including reduced access to essential services such as education and healthcare.

The Maasai, who have deep cultural ties to their ancestral lands, have faced restrictions on accessing cultural sites and grazing areas, alongside a ban on crop cultivation. These measures, according to the report, have made living conditions unbearable, effectively coercing many to leave.

The mass relocation has also led to the marginalization of the original residents of Msomera village. Authorities have labeled these residents as "trespassers," threatening them with arrest and eviction if they protest or speak to the media. This has created an atmosphere of fear and intimidation, with human rights defenders and community members facing threats from rangers and security forces.

A key point of contention has been the lack of genuine consultation with the Maasai community. The report states that despite legal requirements for free, prior, and informed consent, the community was not adequately consulted before the government announced plans on June 6, 2022, to designate 1,500 square kilometers of village land in the Loliondo division as a game reserve. This designation prohibits the Maasai from using the land for grazing or water, further disrupting their traditional way of life.

The declaration was met with a violent crackdown, with security forces arresting community leaders, using teargas and rubber bullets against protesters, and causing property damage. This violence forced up to 2,000 residents to flee to neighboring Kenya. Reports of ongoing abuses, including sexual violence, raids, and livestock confiscation, have continued to surface, exacerbating the crisis.

HRW has called on the Tanzanian government to restore essential services in the NCA and engage in meaningful dialogue with the Maasai community.

 The organization emphasizes the need for adherence to international human rights standards, urging the government to respect the Maasai's rights to their ancestral lands and traditional way of life. The situation remains a critical human rights issue, with the international community closely monitoring developments and advocating for the protection of Indigenous rights in Tanzania.