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Maasai herders with their livestock in the Ngorongoro Conservation Area. Photo credit: The Oakland Institute
According to eyewitnesses, the victims grazed their cattle in village lands about 5 km from the border of Serengeti National Park when 15 soldiers arrived in a military land rover accompanied by Erick Kisiri, an employee of Ortello Business Corporation (OBC), based in the United Arab Emirates, who organizes hunting tours in the area for the UAE royal family.
The OBC has wreaked havoc in Maasai life since it's obtained a hunting license in the Loliondo area in 1992. Since then, the OBC has built a trail of Landing and the royal family used the region As a private hunting ground, local villages faced numerous violent evictions, including in 2009, 2013 and 2017.
In recent weeks, violence and violence have Intimidation against the Maasai has multiplied, Ololosokwan and three other Maasai villages have bravely taken the Tanzanian government to the East African Court of Justice to seek justice and respect for their land rights after a brutal expulsion that took place last year.
In August 2017, fire and destruction ravaged several Maasai communities in the Loliondo region of Tanzania, including Ololosokwan. The press reports of the time estimated that 19 people had been arrested, 11 seriously injured, more than 5,800 houses damaged, more than 20,000 homeless and significant losses of livestock. The information from the ground suggests that the damage was much greater.
The August expulsions took place on the orders of the government. According to a press release from the Ministry of Natural Resources and Tourism, they were made in the name of conservation and tourism.
These evictions – and the most recent violence – are based on a long legacy of state-sanctioned violence against the Maasai. In the aftermath of these injustices, local communities petitioned senior government officials, including President John Magufuli and Prime Minister Kassim Majaliwa, and filed a number of cases in Tanzanian national courts, and then were constantly disappointed. Having exhausted all possible internal mechanisms for justice, they brought their case before the East African Court of Justice (CAJE) on September 21, 2017.
Government Condemnation Before the Court: The four villages at the heart of the case – Ololosokwan, Kirtalo, Olorien and Arash, which are represented by lawyers of the Pan African Lawyers Union (PALU) – are legally registered villages , with registration certificates issued by the government. They also hold a legal title – communal land ownership – on their land and possess occupancy certificates. But these legal certificates did not prevent the violent evictions, which were justified by allegations that the villages had encroached on the Serengeti National Park.
By submitting their case to the EACJ, the villages are trying to put an end to the evictions that tormented them for years and to obtain unequivocal recognition that the land belongs to them. Since the beginning of the case, an interim order has also been filed, demanding that government agencies stop interfering with the villagers involved in this conflict until the case is heard. and completed. This order is vital following the ruthless attempts of the Tanzanian government to derail the procedures by reinforcing the climate of fear in the region.
Tanzanian government attempts to derail the case: The Tanzanian government has used various tactics to try to end this case for good. First, the Attorney General of Tanzania challenged villagers' right to sue their government, a complaint the court rejected. Then, the government tried to scuttle the audience by questioning the accuracy of the translated documents submitted by the villages, as well as the credibility of the translators. The hearing was postponed for a second time to June 7, 2018, giving the UPA lawyers time to obtain the necessary certifications to ensure the veracity of the translations.
In the weeks leading up to the June 7 hearing, the Loliondo Police District Commander (OCD Loliondo) began to summon, detain and interrogate the leaders and members of the village of Loliondo. threatening and intimidating way. The police demanded that the villagers withdraw their case and that those who signed the minutes of the meetings where it was decided to bring the case before the EACJ withdraw their support. This is not only an attempt to intimidate the Maasai, but also to support the latest allegations of the government – that village chiefs have submitted falsified documents.
At the hearing on June 7, in addition to filing an additional notice of motion and affidavit, the Maasai lawyers provided details of the bullying and harassment that their clients are making. ;object. Their interim order requests that OCD Loliondo appear in court to explain the intimidation measures that have taken place.
Lawyers and the community ask the EACJ to take into account the urgency of the situation and the irreversible effects and costs of the continued violence of forced evictions carried by the Maasai. Meanwhile, the Tanzanian Attorney General is continuing his efforts to derail the case.
The Need for International Solidarity: Currently, there is no scheduled date for a decision on the application for interim injunction of the community. The Attorney General had until June 21, 2018 to produce evidence of the assertion that the signatures on the documents submitted by the community were falsified. After that, the EACJ will rule on notice, which means that the court will notify the communities when the decision is ready.
While the case is dragging on, the climate of fear on the ground makes access to information very difficult. In the face of increasing intimidation, arrests and threats, human rights organizations and the international community unequivocally condemn the persecutions and expulsions of the Tanzanian government to its indigenous communities, in violation of international standards. and recognized international human rights standards.
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